!l l.iniaK N A. 1" 
 
<r 
 
THE 
 
 LIFE 
 
 AND 
 
 POLITICAL OPINIONS 
 
 OF 
 
 MARTIN VAN BUREN 
 
 VICE PRESIDENT OF THE UNITED STATES. 
 
 BY 
 
 WILLIAM M. HOLLAND 
 
 ii^Aoi 
 
 HARTFORD. 
 
 BELKNAP & HAMERSLEY 
 
 1 835. 
 
 CtyV'^, 
 

 h3 
 
 ns 
 
 Entered according to Act of Congress in the year 1835, by 
 BELKNAP & HAMERSLEY, 
 
 in the Clerk's Office of the District Court of Connecticut. 
 
 J. HUBBARD WELLS, PRINT. 
 
PREFACE 
 
 Aside from the present relation of Mr. Van Bu- 
 ren to the people of the United States, the fact of 
 his having risen in times of peace, from the ordina- 
 ry level of life, to the second office in the govern- 
 ment, renders a view of his principles, and of the 
 incidents of his personal history, a matter of rea- 
 sonable curiosity. 
 
 The author has therefore, devoted a period of 
 entire vacation from his ordinary duties, to the col- 
 lection and arrangement of such materials as may 
 fully exhibit the political sentiments of Mr. Van 
 Buren, together with such details of his personal 
 history, as may be published with a due respect for 
 private feelings. In doing this, it has not been the 
 design of the writer merely to contribute to the 
 political elevation of any man : he has aimed ^ 
 
viii PREFACE. 
 
 rather to display the spirit and principles of the 
 republican party in this country, and to exhibit 
 by the history of an individual, the nature of the 
 relation which that party sustains to its public men. 
 He has endeavored in this way, to throw some 
 light upon the character of our institutions, and to 
 illustrate, in some degree the spirit of the nation 
 and the age. 
 
 The philosophy of history is more valuable than 
 its facts. Remarkable, as are the incidents in the 
 life of Mr. Van Buren, they would not have at- 
 tracted the particular attention of the writer if he 
 had not believed, that in laying them before the 
 public, an opportunity would be furnished of dis- 
 cussing political principles which are of vital im- 
 portance to the prosperity of our country. The 
 author, therefore, has no where in the following 
 pages, affected to conceal his strong political bias ; 
 though he has conscientiously endeavored, never 
 to be led by it, into the suppression or misrepresen- 
 tation of facts. If the conclusions which the wri- 
 ter has drawn from those facts, be not approved 
 of by the reader, he is at liberty to form his own : 
 the means of forming them have been faithfully 
 laid before him. 
 
PREFACE. ix 
 
 As the author has had recourse only to sources 
 of information which are accessible to all, he has 
 not thought it necessary to consult Mr. Van Buren 
 with regard to the propriety of his undertaking. 
 That gentleman, therefore is not, in any sense, re- 
 sponsible for the opinions advanced in the present 
 work, except such as are fairly expressed by ex- 
 tracts from his own writings and speeches. 
 
 The great obligations of the present writer to 
 the Honorable Benjamin F. Butler, will be obvious 
 to all who have noticed the abiHty and zeal, with 
 which he has, on several occasions, defended the 
 character of his distinguished friend. Among 
 those who have kindly facihtated the collection of 
 materials for this work, the Honorable James Van- 
 derpoel, of Albany, deserves the particular thanks 
 of the author. 
 
 In submitting to the public, this contribution to 
 the support of democratic principles, the author 
 is well aware that he shall not escape the cen- 
 sure of those, who anticipate the destruction of all 
 political and religious truth, by the leveling spirit 
 of democracy. Without questioning the sincerity 
 of their melancholy forebodings, he would adopt 
 in reply, the language ascribed to an eminent 
 
X PREFACE. 
 
 statesman and philosopher of the present age :* — 
 " If by democracy, you understand that progress 
 of industry, art, law, manners, and light, which has 
 now for some centuries, been constantly increas- 
 ing, I am well pleased with such democracy ; and, 
 for my own part, instead of blaspheming the age 
 in which I live, I feel grateful to Providence for 
 having assigned my birth to an epoch, in which 
 God has been pleased to call a greater number of 
 his creatures than heretofore, to a participation in 
 the virtues, the intelligence, and the manners, 
 which had been heretofore reserved but for a few." 
 
 * M. Roarer Collavd. 
 
CONTENTS. 
 
 PAGE. 
 
 CHAPTER I. 
 
 The parentage of Mr. Van Buren, and his educa- 
 tion preparatory to the study of laic, . . 13 
 
 CHAPTER II. 
 
 The professional education of Mr. Van Buren be- 
 fore his admission to the Bar, ... 25 
 
 CHAPTER III. 
 
 Mr. Van Buren's professional career, in Kinder- 
 hook, from the period of his admission to the Bar, 
 in 1802, to his removal to the city of Hudson, in 
 1808, ........ 33 
 
 CHAPTER IV. 
 
 Mr. Van Bur ell's professional course from the time 
 of his removal to the city of Hudson, in the win- 
 ter of 1808-9, until his final withdrawal from the 
 Bar, in 1828, 59 
 
 CHAPTER V. 
 
 Mr. Van Bur en) s first agency in political affairs. 
 Is active in supporting the election of Jefferson. 
 Is delegate to a county convention in his nine- 
 teenth year. His first appearance as an elector. 
 Supports Lewis for Governor in 1804: and Tomp- 
 kins in 1807. Is appointed Surrogate of Colum- 
 bia County. Opposes the renewal of the charter 
 of the Bank of the United States and the char- 
 
xii CONTENTS. 
 
 tering of the Bank of America. Is elected a 
 member of the State Senate^ .... 77 
 
 CHAPTER VI. 
 
 Mr. Van Bur en'' s course in the Senate of New York 
 in regard to the War and the support of De Witt 
 Clinton for the Presidency. Supports Tompkins 
 for Governor in 1813. His energetic support of 
 the War, 89 
 
 CHAPTER VII. 
 
 Mr. Van Buren^s dejence of the Classification hill. 
 Is appointed. Attorriey General of New York. 
 Gives an efficient support of the project for the 
 Erie and Champlain Canals, . . . . Ill 
 
 CHAPTER VIII. 
 
 Mr. Van Bur en acquiesces in the first election of De 
 Witt Clinton, as Governor. Opposes his re-elec- 
 tion. Is removed from the office of Attorney Gen- 
 eral. Separates from Mr. Cli7iton and his politi- 
 cal friends. His encomium upon Mr. Clinton's 
 character at a meeting of the New York Con- 
 gressional delegation in Washington, . . 12 i 
 
 CHAPTER IX. 
 
 Mr. Van Bur en'' s support of Rifus King for Sena- 
 tor of the U. S. His connection with the proceed- 
 ings in Albany, and in the Legislature of New 
 York, in regard to the Missouri question, . 12^ 
 
 CHAPTER X. 
 
 uMr. Van Bur en is elected a Senator of the United 
 States. His participation in the Convention to 
 amend the Constitution of New York. Speech on 
 vesting veto power in the Governor. On the 
 length of Governor'' s tenure of office. Onprefix- 
 ing a bill of rights. On the Elective franchise. 
 Vole on admitting colored people to he electors. 
 Speech on the appointment of Justices of the 
 Peace. On the re-organization of the Supreme 
 Court so as to eject the incumbents. . . 149 
 
CONTENTS. xiii 
 
 CHAPTER XI. 
 
 Mj\ Van Bur en^s course in the Senate of the United 
 States. His views on the subject of Imprisonment 
 for Debt, 207 
 
 CHAPTER XII. 
 
 Mr. Van Bur en proposes to amend the constitution 
 of the United States so as to keep the choice of 
 President and Vice Preside7it from the House of 
 Representatives. Extract from his speech on 
 that subject, 213 
 
 CHAPTER XIII. 
 
 Mr. Van Buren^s pr^oposed amendment of the Judi- 
 ciary system of the United States. His speech on 
 the Judiciary system,, 221 
 
 CHAPTER XIV. 
 
 Speech of Mr. Van Bur en on the establishment of a 
 uniform system of Bankruptcy. Brief remarks 
 on the public la7ids. Extracts from his speech on 
 the colonial trade, 235 
 
 CHAPTER XV, 
 
 Opposition of Mr. Van Buren to the Panama Mis- 
 sion. Extract from one of his speeches on that 
 question, 251 
 
 CHAPTER XVI. 
 
 Mr. Van Buren's opinions on the constitutionality 
 and expediency of appropriations of money by 
 the General Government for Internal Improve- 
 ments, 267 
 
 CHAPTER XVII. 
 
 ^Sentiments of Mr. Van Buren with regard to pro- 
 tective duties. Votes for the Tariff bill in 1824, 
 and in 1828, by instructions from his constitu- 
 ents. Extract from his letter to the committee at 
 Shocco Springs, 275 
 
 CHAPTER XVIII. 
 
 Mr. Van Buren' s support of a* strict construction of 
 the constitution, with extracts from his speech on 
 the power of the Vice President to call to order, 
 for words spoken in debate, in the Senate, . 281 
 
xiy CONTENTS. 
 
 CHAPTER XIX. 
 
 Pernicious effects of the system of incorporated 
 Banking companies in the United States. Op- 
 position of Mr. Van Buren to the extension of 
 this system in the state of New York. His oppo- 
 sition to the Bank of the United States, . . 299 
 
 CHAPTER XX. 
 
 Mr. Van Buren's support of the hill providing for 
 the surviving officers of the Revolution. Summa- 
 ry view of his sentiments on various political 
 questions. His constant observance of the will 
 of the people. Bight and capacity of the people 
 to direct the administration of the government, 311 
 
 CHAPTER XXII. 
 
 Mr. Van Buren is appointed Secretary of State of 
 the United States. Situation of our foreign re- 
 lations, especially with Great Britain. Mr. Van 
 Buren^s successful administration of the Depart- 
 ment of foreign Affairs. Resigns the office of 
 Secretary of State. 323 
 
 CHAPTER XXIII. 
 
 Mr. Van Buren is nominated minister to the Court 
 of St. James. The rejection of his nomination 
 by the Senate. Extract from his instructions to 
 Mr. McLane. Correspondence of the republican 
 Tnembers of the Legislature of New- York with 
 the President, on the rejection of Mr. Van Buren, 333 
 
 CHAPTER XXIV. 
 
 Nomination of Mr. Van Buren to the Vice Presi- 
 dency of the United States. His election to that 
 office. His sentimerits on the interference of the 
 General Government and of the free states, with 
 the question of slavery, 343 
 
 CHAPTER XXV. 
 
 The nomination of Mr. Van Buren to the office of 
 President of the United States by a national con- 
 vention. His letter accepting the nomination, 349 
 
 CHAPTER XXVI. 
 Conclusion, 355 
 
LIFE 
 
 OF 
 
 MARTIN VAN BUREN 
 
T. I F E 
 
 OF 
 
 MARTIN VAN BUREN 
 
 CHAPTER 1 
 
 The parentage of Mr. Van Biiren^ and his education 
 preparatory to the study of law. 
 
 Martin Van Buren, Vice-President of the 
 United States, is not indebted for his eminence to 
 the wealth or distinction of his family. His fa- 
 ther, Abraham Van Buren, was a farmer of mode- 
 rate estate, in the town of Kinderhook, county of 
 Columbia, and state of New- York. He was de- 
 scended from one of those families, who, at an 
 early period in the history of this country, emigra- 
 ted from Holland and settled in the ancient town 
 of Kinderhook. He is represented to have been 
 an upright, amiable, and intelligent man, of strong 
 common sense, and distinguished for his pacific 
 disposition. 
 
 2 
 
1'4 THE LIFE OB^ 
 
 The maiden name of the mother of Mr. Van 
 Buren was Hoes ; she also was of Dutch descent. 
 The name was originally Goes, and will be recog- 
 nized as a name of distinction, by those who are 
 familiar with the history of the Netherlands. 
 She was twice married. The name of her first 
 husband was Van Alen, a gentleman of respecta- 
 bility, by whom she had two sons and a daughter, 
 all of whom are now dead. James I. Van Alen, 
 one of the sons, it is proper to allude to, in connec- 
 tion w ith the subject of this narrative. He was a 
 member of the convention to amend the constitu- 
 tion of the state of New York, in 1802, was after- 
 wards Surrogate of the county of Columbia, and 
 was elected a member of congress in 1808. He 
 was afterwards a judge of the county court, and 
 again Surrogate of the county at the time of his 
 decease. He assisted and encouraged his young- 
 er half-brother, the subject of this memoir, during 
 his preparatory studies ; and at his entrance to 
 the bar, received him into partnership in the 
 practice of law. 
 
 The mother of Mr. Van Buren was distantly 
 connected with the family of his father before their 
 marriage. She is said, by all who knew her, to 
 have been distinguished for her amiable disposi- 
 tion, her exemplary piety, and more than ordina- 
 ry sagacity.* 
 
 * This lady survived until 1818; the father of Mr. Van Buren 
 (lied in 1814. Both lived to see the brilliant success of their son 
 at the bar, and the commencement of his political distinction. 
 
MARTIN VAN BUREN. 15 
 
 Martin Van Buren is the eldest son of these 
 parents. He was born at Kindeihook, on the 5th 
 day of December, 1782. 
 
 At an early age he exliibited indications of a su- 
 perior understanding. His opportunities for ear- 
 ly instruction were limited, probably on account of 
 the moderate property of his father, who had two 
 other sons and two daughters.* 
 
 After acquiring the rudiments of an English ed- 
 ucation, he became a student in the academy, in 
 his native village. He there made considerable 
 progress in the various branches of English litera- 
 ture,'and gained some knowledge of Latin. It may 
 be inferred, however, that all these acquisitions 
 were not great in amount, as he left the academy, 
 when but fourteen years of age, to begin the stu- 
 dy of his profession. 
 
 At that early period he evinced a strong passion 
 for extempoi'e speaking and literary composition. 
 The native characteristics of his mind, which have 
 since so much distinguished their possessor, began 
 thus early to display their activity. The declam- 
 ation of the school-boy was destined to ripen into 
 the manly eloquence of the advocate and states- 
 man, and his youthful facility in composition, to be 
 formed into a compiact, vigorous and copious style. 
 
 *Th3se are still living, viz. Lawrence, a farmer, residing on the 
 family estate, in Kinderliook ; Abralxam, a Lawyer, in Hudson, 
 and Surrogate of Columbia Covmty ; and two daughters, one of 
 whom is married to Barent Hoes, Esq. brother of the late wife of 
 Mr. Va.n Buren, 
 
16 THE LIFE OF 
 
 Even at that early age, too, Mi\ Van Buren is 
 represented by those who knew him, to have had 
 a spirit of observation, with regard to public events 
 and the personal dispositions and characters of 
 those around him, which gave an earnest of his 
 future proficiency in the science of politics and of 
 the human heart. He was not wont to receive 
 opinions upon mere authority. Every proposi- 
 tion was examined before it received his concur- 
 rence or dissent. A fondness for argumentative 
 discussion also appeared ; a native element in his 
 character, which was afterwards formed by disci- 
 pline and reflection into the habit of vigorous and 
 clear reasoning, which characterized his riper 
 years. 
 
 Such was the preparation with which Martin 
 Van Buren, at the age of fourteen, commenced 
 the study of the l^aw. What an encouraging ex- 
 ample does his subsequent success present to the 
 young men of our country ! Few are denied ad- 
 vantages of education fully equal to those which 
 he possessed. 
 
 It is an interesting matter of speculation to con- 
 jecture what would have been the clfect of a regu- 
 lar education, so called, upon the mind of the sub- 
 ject of this memoir, lie lias shown himself to 
 be a profound reasoner, at least in his profession, 
 yet he probably know little, in early life, of the 
 rules of logic or of the metaphysical disquisitions 
 which have professed to teach the art of thinking, 
 from the days of Thales to those of Thomas 
 
MARTIN VAN BUREN. 17 
 
 Brown. He evinces freedom, accuracy and co- 
 piousness in the use of language, yet he had, as 
 we have seen, but a slight acquaintance with any 
 of the languages of antiquity. He has acquired 
 habits of patient and accurate research, but not 
 from the diagrams of Euclid, or the mystic steps 
 of analytic mathematics. 
 
 Such examples of distinguished success ought, 
 perhaps, to excite some more thorough inquiry into 
 the usefulness, in all cases, of our ordinary rou- 
 tine of studies. The theory is, that a well balanced 
 mind is the end to be attained. Hence exercises are 
 prescribed in literature and science, in languages 
 and mathematics, in such just proportions as to 
 develope the several mental faculties in equal de- 
 grees, in every department. But is there no dan- 
 ger, in this process, of reducing all these faculties 
 to a contemptible mediocrity ? 
 
 Some persons possess, beyond a doubt, strong 
 natural aptitudes to excel in certain departments 
 and great natural inability to reach even moderate 
 excellence in others. Ought not a true system of 
 education to turn the pecuHar powders of the pu- 
 pil to the best account and to waste no time in at- 
 tempting to render him a proficient in those bran- 
 ches of science, literature or art, for which he has 
 neither capacity nor inclination? If so, is not 
 that system of questionable utility which forces 
 every student, at an uniform pace, through the 
 same round of mathematical and classical disci- 
 
18 THE LIFF. OF 
 
 pline, without reference to the peculiar temlencieB 
 of his native talents ? 
 
 Again, in most of our higher seminaries the 
 same course of instruction, the same text-books, 
 the same principles in literature, science and the 
 arts, are presented, year after year, to successive 
 generations. It is not unreasonable to suppose 
 that young minds, thus moulded upon a uniform 
 system, will generally fall into common and uni~ 
 form habits of thought, and will be led to reason, 
 believe and act, precisely as their fathers and 
 teachers have reasoned and believed before them. 
 The strong tendency of the system is to repress 
 inquiry and original investigation, to eradicate 
 every idiosyncrasy of intellect, and merely to in- 
 fuse into a passive mind, the views which liave 
 been passively received by tl\ose who teach them. 
 
 To this kind of discipline Martin Van Buren 
 was never subjected : whether to his advantage 
 or loss can only be a matter of conjecture. To 
 regret the deficiencies of his eaiiy education may 
 perhaps be a useless w aste of feeling. No one 
 can precisely demonstrate the influence of colle- 
 giate training upon his peculiar inteliectual powers. 
 In the study of books, he might, perhaps, have 
 hcQU withdraw n from the study of men, which he 
 has pursued with such eminent success. The 
 rules of logic might have been manacles upon a 
 mind that resisted all artificial restraint. From the 
 eloquent pages of I^ivy, or the honied eulogiums of 
 Virgil, or the servile adulation of Horace, he 
 
MARTIN VAN BUREN. 19 - 
 
 might have been inspired with an admiration for 
 regal pomp and aristocratic dignity, uncongenial 
 to the native independence of his mind. From the 
 same fascinating pages, he might have imbibed that 
 contempt for plebeians and common people which 
 is so bitterly expressed in every line of their elo- 
 quent productions. Unless, indeed, the spirit-stir- 
 ring appeals, put by the father of Roman history, 
 in the mouths of his popular leaders, had kindled 
 his instinctive love of justice and freedom into 
 new activity ; or the sarcastic vigor w ith which 
 the philosophic Tacitus depicts the brutal tyranny 
 of the Roman Emperors, had created in his bosom 
 a fixed hatred of tyranny in every shape. 
 
 It is the manner in which ancient history is pre- 
 sented, and not its materials, which leads to the 
 formation of erroneous views of human rights. It 
 needs to be re-w^ritten by a republican pen. 
 When that shall have been done with fidelity and 
 independence, ancient history will be a most use- 
 ful study for the young American. The republics 
 of Greece, as they are miscalled, will then no lon- 
 ger be cited as examples of the failure of systems 
 of political equality. The enormous evils which 
 spring from inequalities of rank, influence and 
 wealth, will be made to appear in every era. 
 The Gracchi and other champions of popular 
 rights will be relieved from the unjust reproaches 
 which have been heaped upon the lovers of their 
 fellow men from that day to this ; and a full vindi- 
 cation will appear of that much talked of Agra- 
 
20 "^THE LIFE OP 
 
 rian law, which, through the perversions of ser- 
 vile historians, has been made a term of reproach 
 and a bye-word of infamy, to frighten reformers 
 withal, for more than two thousand years.* 
 
 The example of Mr. Van Buren, is dwelt upon 
 more at length, in this connection, for the encour- 
 agement of the youth of our country who may 
 believe themselves to be cut off by their poverty 
 from aspiring to distinction. So numerous are the 
 instances of success in public life, attained by men 
 of imperfect education, as to raise a doubt wheth- 
 er, after all, their exclusion from a regular routine of 
 study may not have been, in some respects, a benefit. 
 Many instances of this kind appear in the brief his- 
 tory of our country. The names of Patrick Henry 
 and Franklin will occur to every one, and the ear- 
 ly education of Washington himself was by no 
 means complete. 
 
 At the present moment, the facilities for self ed- 
 ucation are so great that no person who can read, 
 is of necessity cut off from them. Text books in 
 every department of science and art may be pro- 
 cured at a trifling expense, and if the want of a 
 teacher renders the progress of the pupil more 
 difficult and slow, it fixes the knowledge he may 
 acquire, more permanently in his memoiy. 
 
 It is erroneous to suppose that a knowledge of 
 
 * Some of the most eloquent defenses of popular rights any 
 where extant, are to be found in the speeches ascribed to popiilar 
 leaders, by Livy. See for example the harangue of Canulejus 
 the Tribune, in the 4th book, and 3d section of Livy's history. 
 
MARTIN VAN BURRN, 21 
 
 tlie ancient langnages is indispensable to the liigli= 
 est degree of excellence in XM'iting and public 
 speaking. This opinion may be regarded as lit- 
 erary heresy, but it is fully shown to be true by 
 numerous examples. Washington and Franklin 
 are perspicuous, elegant, and, generally, correct in 
 their use of the English language. What orators 
 have surpassed Patrick Henry and William Pinck- 
 ney ? Yet the former never studied the ancient 
 languages at all, and the latter only obtained an 
 imperfect knowledge of latin, in the fortieth year 
 of his age. 
 
 The subject of the present memoir may be ad- 
 duced as an example of eminent success, both 
 in public speaking and composition, without the aid 
 of a classical education. 
 
 These remarks are not made to disparage the 
 value of classical learning, but to encourage those 
 who may not be able to acquire it, nevertheless, to 
 pursue the best means of improvement in their 
 power, which means will generally be adequate 
 to their real wants. 
 
 The improvements which are supposed to have 
 been made in the modes of instructing the young 
 are the boast of the present age. The advanta- 
 ges to be derived from infant schools, Sunday 
 schools, lyceums, gymnasiums and other new sys- 
 tems of teaching are extolled with so much zeal, 
 as to awaken a regret in men of middle age, that 
 their own entrance upon life took place before 
 these novel aids to wisdom were available, But 
 
22 THE LIFE OF 
 
 it is a matter of reasonable doubt whether much 
 is gained, after all, in the business of instruction 
 by these modern, labor-saving machines. It is an 
 undeniable fact that the seeds of wisdom and 
 morality may best be sown in the family circle. 
 Nothing can supply the place of parental advice 
 and example. When children are assembled at 
 the family board, to hear the maxims of piety, in- 
 dustry, economy and patriotism which experience 
 has taught their fathers, they are enjoying the dis- 
 ciplinary instruction which nature intended for 
 them, and which can never be imparted by any 
 public and stipendiary teacher. 
 
 The social affections require exercise for their 
 full development : they are most perfectly trained 
 and cherished at the paternal fire-side. The 
 command of the passions, discretion, and above 
 all, conscientious morality are imperfectly taught 
 in all public seminaries. The proper teacher is the 
 parent ; the proper school, home. 
 
 It is a matter of reasonable concern that these 
 principles are so widely departed from, at present, 
 in this country. Mere infants are withdrawn 
 from maternal care and sent to schools, by parents 
 who have leisure and ability to instruct them at 
 home. At a riper age, they are disposed of in lit- 
 erary seminaries, and are thus withdrawn, in a 
 great measure, from the personal instruction of their 
 parents, who are too much engrossed in the various 
 pursuits of life to conduct the education of their 
 children or aid in the formation of their charac^ 
 
MARTIN VAN BUREN. 23 
 
 ters. As if any higher duty could devolve upon 
 parents than the instruction of those they have 
 brought into existence ! or any higher honor could 
 be attained, than the presenting their country with 
 an intelhgent and well disposed family ! How 
 true is the remark of a great philosopher of an- 
 tiquity that " men ought either not to beget chil- 
 dren or else, properly to educate them."* 
 
 If these principles be correct, it may, after all, 
 be a matter of no regret that the native talents of 
 the subject of this memoir were not subjected to 
 the ordinary methods of discipline, and that his 
 youthful mind and feelings were formed under the 
 paternal roof, by the sound sense of a wise father 
 and the pious care of a discreet mother. Perhaps 
 to this very cause he may in no small degree be 
 indebted for his extraordinary command over his 
 temper on all occasions, his strong attachment to 
 his early friends, and his amiable social qualities ; 
 as well as for the benevolence of his disposition, 
 the amenity of his manners and the blameless 
 purity of his moral character. 
 
 * Socrates, in tlie Ciito of Plato, Chapter 5th, 
 
CHAPTER II. 
 
 The professional education of Mr. Van Buren before 
 /lis admission to the Bar. 
 
 In the year 1796, at the age of fourteen, Mr. 
 Van Buren commenced the study of the Law, in 
 the office of Francis Sylvester, Esq., a respectable 
 Lawyer, then and still, a resident in Kinderhook. 
 The courts of Law in the state of New York, have 
 adhered more closely to the English forms of prac- 
 tice than has been done in most of the other states. 
 Hence the proceedings are technical, diffuse, and 
 sometimes tedious. The first business of a candi- 
 date for admission to the bar, is to become famihar 
 with these forms; and the earlier portions of his 
 preparatoiy discipline are more usually devoted to 
 the drawing of declarations, petitions in Chancery, 
 answers and other technical pleadings, than to the 
 study of the elementary writers upon law. The 
 preparation of these forms, however, requires 
 3 
 
26 THE LIFE OF 
 
 attention and care, and often involves the exercise 
 of nice discrimination and sound logic. 
 
 The period of study preparatory to admission 
 to the bar was seven years, for candidates, who 
 like the subject of this memoir, had not the benefit 
 of a collegiate education. This period was meant 
 to be large enough to afford time, not only to be- 
 come a proficient in the technical parts of the 
 profession, but to lay a thorough foundation for 
 legal science by the perusal of elementary writers, 
 and leave leisure for considerable attention to 
 general literature. 
 
 There was at the time now alluded to, another 
 school of discipline for the student of law, in the 
 state of New York, in some measure pecuhar to 
 that state. The jurisdiction of Justices of the 
 Peace, in civil cases, extended to questions involv- 
 ing a considerable amount of property; and the 
 parties, in almost every case, had a right of trial by 
 jury. The management of cases in these popular 
 courts not unfrequently devolved upon students at 
 law, and was, in some respects, an admirable arena 
 for the display of their knowledge and the disci- 
 pline of their talents. The legal forms in these 
 cases were generally very simple, and the legal 
 questions involved, usually, not profound; but the 
 facts put in issue were numerous and exciting to 
 the parties, whose passions were as frequently the 
 cause of litigation as any infringement of important 
 rights. 
 
 These trials, therefore, formed an admirable 
 
MARTIN VAN BUREN. 27 
 
 exercise for the ingenuity and industry of the 
 neophyte lawyer. He could there exercise his 
 ingenuity in the clear and legal statement of facts, 
 derived from the passionate and confused narra- 
 tion of clients; in the preparation and examination 
 of witnesses; in that keen encounter of judgment, 
 acuteness and wit, so observable at the bar; and 
 in placing the whole case favorably before a jury. 
 
 At the period when Mr. Van Buren was engag- 
 ed in his legal studies, Columbia County was not 
 distinguished for its freedom from litigation. Many 
 legal principles, affecting real and personal prop- 
 erty, were not as well settled by judicial decisions 
 as they are at the present day. Many new inter- 
 ests were starting into existence and novel ques- 
 tions of personal rights not unfrequently arose. 
 From a state of penury and suffering, the commu- 
 nity had advanced into a condition of comparative 
 affluence and ease; and being relieved from their 
 serious evils had leisure to litigate and discuss mat- 
 ters of minor importance. 
 
 It will be doing no injustice to the Lawyers of 
 that day to say, that the humbler members of the 
 profession were themselves less competent to ad- 
 vise, in legal matters, than attorneys of the same 
 comparative standing at this time. Party politics 
 moreover, raged violently, and frequently disturb- 
 ed the peaceful relations of neighbors whose real 
 interests were not in conflict with each other. In 
 short, whatever, may have been the cause, all tra- 
 dition unites in establishing the fact, that the village 
 
28 THE LIFE OP 
 
 of Kinderliook with its immerliate vicinity, was the 
 theatre of incessant litigation and judicial combat, 
 especially in the local courts. 
 
 The early indications of ability, as a speaker 
 and reasoner, which were exhibited by Mr. Van 
 Buren, occasioned his almost incessant employ- 
 ment in trials of the kind we have described, from 
 the earliest period of commencing the study of his 
 profession. His father was a firm whig in the 
 Hevolution and a democrat in the days of John 
 Adams; and the son was educated in the same 
 principles and of course formed his most intimate 
 connections with persons of the same political 
 faith. The democratic party were then a small 
 minority in the town and county of his nativity. 
 His political opinions, as well as the display of more 
 than ordinary talent, led to his employment by the 
 members of his own party, in their controversies 
 with regard to personal rights and rights of prop- 
 erty. At this early period, they appreciated the 
 value of his industry, perseverance, and fidelity in 
 the cause of his friends, and looked forward to the 
 period in which they should possess, in him, a 
 f:hampion of thoir legal rights in the highest courts 
 of law and of their political opinions in the public 
 councils. 
 
 In these local and temporary contests, so w^ell 
 suited to the development of native talent, Mr. 
 Van Buren was lal)oriously and zealously engaged, 
 during the whole period ol'his preparation for the 
 bar. T( often hapj^ened, moreover, that in the 
 
MARTIN VAN BUREN. 29 
 
 management of cases he encountered men of -age, 
 talent, and high standing in the profession. It can- 
 not be doubted that the utmost stretch of his exer- 
 tions, which such occasions called forth, contribut- 
 ed, greatly, to the thorough discipline and develop- 
 ment of his native powers of mind. 
 
 Many characteristic anecdotes are related of his 
 successful efforts, at this early age, which might 
 fitly occupy a portion of this memoir were it not 
 destined rather for instruction than amusement. 
 One remarkable display of his powers is often 
 alluded to, by gentlemen who then resided in that 
 vicinity, when the young advocate, not yet sixteen 
 years of age, successfully managed a cause of great 
 interest and considerable importance, against an 
 opponent who was then in full practice at the bar, 
 and has since filled several, responsible, public 
 ofiices. The future statesman was then so small 
 of stature that he was placed upon a table to ad- 
 dress the jury. 
 
 At this early period Mr. Van Buren was an 
 ardent and active politician. His political course 
 will be more fully developed in another place ; 
 but it is proper to remark at this point, that it was 
 his constant habit to attend all meetings of the 
 democratic party, to study with attention the polit- 
 ical intelligence of the day, and to yield his most 
 zealous aid to the principles he held to be true, 
 both by speaking in public and employing his 
 ready pen to furnish resolutions and addresses 
 
 whenever his services were required. As early 
 3# 
 
30 THE LIFE OF 
 
 as 1800, when only in his eighteenth year, and 
 still a student at law, he w as deputed by the Re- 
 publicans in his native town to attend a convention 
 of delegates from Columbia and Rensselaer coun- 
 ties, to nominate a candidate for representative to 
 the State Legislature. From that time onward, 
 during his minority, he constantly had similar 
 marks of the confidence of his political friends and 
 exhibited similar activity in their behalf. 
 
 The last year of Mr. Van Buren's preparatory 
 studies was passed in the city of New York, in the 
 office of Mr. William P. Van Ness and under his 
 direction. Mr. Van Ness w^as a native of Colum- 
 bia County, but at that time, a distinguished mem- 
 ber of the bar in the city of New York and a very 
 conspicuous leader of the Republican party. The 
 reputation which Mr. Van Buren had acquired in 
 his native county, both as a politician and an advo- 
 cate, secured for him the especial interest and 
 attention of Mr. Van Ness. Thus, he had every 
 possible advantage for improvement; and his eager 
 thirst for knowledge, together with his aptitude in 
 acquiring it, enabled him to make great advances. 
 During this period, his devotion to the study of the 
 principles of his profession, was intense. In an 
 association of young gentlemen engaged in similar 
 pursuits, w hich occasionally met for the discussion 
 of legal, political and miscellaneous questions, he 
 soon became conspicuous by his ready command 
 of language and closeness of reasoning. Some 
 elder members of the profession w^ho occasionally 
 
MyVRTTN VAN BUREN. 3] 
 
 attended these discussions, at tliat time, foresaw 
 and predicted his future eminence at the bar. 
 
 Mr. Van Ness, as a leading repubhcan in the 
 city of New York, was occasionally associated 
 with the celebrated Aaron Burr, at that time Vice 
 President of the United States. Through this 
 medium Mr. Van Buren was introduced to the 
 notice of the Vice President. As Col. Burr, not 
 improbably, foresaw the possibility of his becom- 
 ing a candidate for the office of Governor in the 
 state of New York, he was led by his knowledge 
 of Mr. Van Buren's political activity and influence 
 in his native county, as well as by a quick sighted 
 observation of the future eminence promised by 
 his early display of talent, to treat him with marked 
 attention and to make every reasonable effort to 
 secure his favorable regard. 
 
 In November, 1803, in the twenty-first year of 
 his age, Mr. Van Buren was admitted, as an at- 
 torney at law, to the bar of the Supreme Court in 
 tlie state of New York. He immediately returned 
 to his native village to commence the practice of 
 his profession. 
 
CHAPTER III 
 
 Air. ]^an BHrfv\9 profpufiiiynnl cnrm\ in Kinderhook^ 
 from the period of his admission to the Bar, in 1803, 
 to his removal to tJie city of Jficdsoii, in ISOS. 
 
 Near tlie close of liis twenty-first year, the sub- 
 ject of this memoir began the practice of his profes- 
 sion, as an attorney at law, in the village of Kin- 
 derhook. He formed a partnership in business 
 with the Hon. James I. Van Alen, a half-brother 
 on his mother's, side. Mr. Van Alen was consid- 
 erably his senior and had already acquired no 
 small degree of political and professional distinc- 
 tion. His early kindness to the subject of this 
 memoir has already been alluded to. 
 
 Mr. Van Buren had previously been admitted as 
 an attorney in the Supreme Court, and at the first 
 succeeding session of the Columbia County Court, 
 he was enrolled in ihc list of its attorneys and 
 counsellors. 
 
34 THE LIFE OF 
 
 The bar of Columbia County, at that time, 
 embraced some of the most distinguished members 
 of the legal profession in the state of New York. 
 It will not be invidious to mention the names of 
 William W. Van Ness, (afterwards a Judge of the 
 Supreme Court in New York,) EHsha Wilhams, 
 Thomas P. Grosvenor and Jacob R. Van Rensse- 
 laer. Many other distinguished names might be 
 added to the list, but the gentlemen already men- 
 tioned were at that time in the full practice of 
 their profession and for legal knowledge and 
 splendid talents were surpassed by few lawyers 
 in the state. 
 
 Such w^as the field of competition upon which 
 the youthful candidate then entered. But in 
 order fully to understand the difficulties with which 
 he contended and the circumstances which con- 
 tributed to the formation of his character and 
 fame, it will be necessary to advert to the state of 
 political parties at the period alluded to; for the 
 political and professional acts of Mr. Van Buren 
 have been so closely interwoven, from his first 
 entrance upon the duties of active life, that the 
 description of the one class cannot well be separ- 
 ated from that of the other. 
 
 It is not the object of the present writer to 
 present a political history of the times, any farther 
 than may be necessary to the clear elucidation of 
 the principles and character of the subject of this 
 narrative. It has been truly said by a writer of 
 great celebrity in the departments both of biogra- 
 
MARTIN VAN BUREN. 35 
 
 phy and history, that " the biographer never ought 
 to introduce pubhc events, except as far as they 
 are absolutely necessary to the illustration of char- 
 acter; and that the historian should rarely digress 
 into biographical particulars, except as far as they 
 contribute to the clearness of his narrative of poht- 
 ical occurrences." * But as the political course of 
 Mr. Van Buren, appears to the writer to present 
 a pure and attractive example for the imitation of 
 the young men of our country, it would seem that 
 an account of his life and opinions, should, in some 
 measure, be a text book of democratic princi- 
 ples. 
 
 It is well known that the people of these states 
 have always been divided into two broadly separ- 
 ated and distinctly marked parties. One of these 
 parties has been the constant antagonist of popular 
 influence, equality and freedom; the other has 
 constantly relied on the capacity of the people for 
 self-government and has, at all times, regarded 
 their voice as the ultimate rule of action in all po- 
 htical matters. A writer of considerable research, 
 and of high authority where he is not under the 
 bias of party prejudice, has intimated that this great 
 division began at the time of the adoption of the 
 Federal Constitution ;f but this, perhaps, is not the 
 most accurate view of the origin of these parties, 
 
 * Life of Sir Thomas More, by Sir James Mackintosh. 
 
 t Pitkin's political and civil History of the United States, VoL 
 II„ p. 352. 
 
36 THE LIFE OF 
 
 A closer observation will show that the elements of 
 this division existed anterior to the Revolution. 
 Indeed tliese elements arc inherent in the nature 
 of man, and have separated mankind, in all coun- 
 tries and in all ages, into the lovers and champions 
 of popular rights on one side, and the oppressors 
 of their fellow-men, on the other. But in the pres- 
 ent place, it is purposed to consider rather the 
 historical, than the philosophical origin of these 
 parties. 
 
 During the whole period of British aggression 
 and American suffering, a strong party existed in 
 this country, averse to any demonstrations of 
 resistance to England or any exertions for the pro- 
 tection of colonial freedom. The popular voice 
 was divided in regard to public measures, from 
 the operation of various motives. Some of those 
 who were for passive submission, feared English 
 power; others loved English patronage; and all 
 distrusted the capacity of a free people to govern 
 themselves. 
 
 The same division was perceptible during the 
 war of the Revolution; though the violence of the 
 enemy forced into the popular ranks, for a time, 
 many who were at heart averse to a republican 
 form of government. Many of the colonists had 
 been educated in Europe, others had family con- 
 nections there, and a still larger number had, by 
 reading or travel, formed high notions of the much- 
 lauded excellence of the British Constitution. 
 These persons would gladly have preserved m 
 
MARTIN VAN BiaiEN. 37 
 
 America, many features of" an aristocratic govern- 
 ment, and they saw witli alarm and regret the 
 unparalleled determination of the American peo- 
 ple, never to cease from the contest until they 
 had prostrated every vestige of authority, proceed- 
 ing from any other source than the will of the 
 people. 
 
 Before the disbanding of the American army, it 
 is pretty well understood, that two of the general 
 officers, who stood high in its affections, proposed, 
 very distinctly, to General Washington to assume 
 monarchical pov/ers, and promised to sustain him 
 by the armies under their control. Fortunately 
 for the cause of freedom, that great and good man 
 was equally incapaV)Ie of being influenced by per- 
 sonal ambition, and of distrusting the ability of 
 freemen to govern tlieinselves. 
 
 It w ould not be difficult to point out frequent 
 indications, on the part of leading politicians, of a 
 preference for monarchical institutions and of a 
 distrust of popular discretion, during the period 
 which intervened between the termination of the 
 war of the Revolution and the adoption of the 
 Federal Constitution. The country was tlien divi- 
 ded into two distinct parties, the republicans and 
 monarchists, the former insisting on the utmost 
 liberty of action, consistent with the preservation 
 of social rights, and the latter struggling to curtail 
 popular rights, and looking to a monarchy and an 
 hereditary nobility as the only protections of indi- 
 vidual interests. 
 4 
 
38 THE LIFE OF 
 
 But it was in the convention which formed the 
 Federal Constitution that the monarchical party 
 made the most distinct demonstration of their 
 views. The convention sat with closed doors, 
 and few of the opinions expressed by individual 
 members have been preserved. There is no rea- 
 son to doubt, however, that there were members 
 of the assembly who would have been gratified 
 with the nearest possible approach of our govern- 
 ment to that of Great Britain. But the popular 
 will had been so decidedly expressed, as to show 
 the impossibility of indulging such preferences. 
 Propositions v/ere, nevertheless, made, and that 
 too, by men who were afterwards the leaders of 
 the Federal party, to elect a President and Senate 
 for life, or during good behavior, to have the Gov- 
 ernors of the respective states appointed by the 
 Executive of the Federal Government, and to give 
 that government a veto upon all the acts of the 
 State Legislatures. Fortunately these proposi- 
 tions were rejected by the democratic part of the 
 convention, and the Constitution, as finally adopt- 
 ed, took so popular a form as to be highly oftensive 
 to many of the anti-repubhcan members. Never- 
 theless, such alarming indications appeared, in 
 certain quarters, of a preference for a consolidated 
 and privileged government, that the democracy of 
 the country were exceedingly cautious in yielding 
 their final assent to the new instrument, nor was 
 their jealousy of its provisions allayed, until after 
 the adoption of several important amendments. 
 
MARTIN VAN BUREN. 39 
 
 securing to the people certain cardinal rights of 
 freemen, and tending to the unimpaired preserva- 
 tion of the sovereignty of the states. 
 
 Even after the adoption of the Federal constitu- 
 tion, there was a body of politicians, and those too 
 of no humble influence and character, who had no 
 faith or pleasure in the idea of a republic, w^ho 
 longed for a monarchical form of government, and 
 who openly spoke of our system as a humbug 
 which could not last a quarter of a century, while 
 they professed to regard the British government 
 as the most perfect, ever invented by human wis- 
 dom.* 
 
 During the administration of General Washing- 
 ton, the pecuhar and opposite views of the two 
 parties became more apparent; and the distinctive 
 features of each, at that time, have continued to 
 characterize them, respectively, to the present 
 day. Names indeed, have changed; and a vocab- 
 ulary of considerable extent,- has been exhausted 
 on one side, in the vain endeavor to hide real prin- 
 ciples from public view. But at whatever era, 
 or under whatever name, the aristocratic party 
 have appeared, they have exhibited the same aver- 
 sion to the full enjoyment of popular rights, the 
 same distrust of popular capacity and integrity, 
 and the same dread of popular freedom. 
 
 In the administration of Washington, when 
 Hamilton presided over the Treasury department 
 
 * JefTerson'sWorlcs Vol. IV. pnge 450 et seq. 
 
40 THE LIFE OF 
 
 and Knox was secretary of War, the doctrines ol 
 the anti-republican party were similar to those of 
 the same part}^ at the present day. They were 
 for a splendid, consolidated government, su})ported 
 by a national Bank and revolving about an in* 
 triguing and corrupting treasiny. liarge salaries, 
 permanence in office, pomp, profusion, and cere- 
 mony were, then, as now, earnestly contended 
 for. The constant cry was of danger from th(; 
 people, — of popular effervescence and popular 
 power, and unless the democracy of these states 
 had rallied, under Jefferson, and brought back the 
 constitution to its original simplicity and purity, 
 we might, ere this, liave seen Presidents and Sen- 
 ators and, perha]>s, Representatives in Congress, 
 quietly seated in their offices for life, and transmit- 
 ting their stations, their titles and their fortunes, to 
 a promising race of their legitimate descendants. 
 At that early period, too, the leading doctrines 
 of the democratic party were nearly the same as 
 are professed by that party at the present day. A 
 perfect equality of political rights; the sovereignty 
 of the State Governments; a strict construction 
 of the constitution; no privileges to particular 
 sections of the country or to particular classes 
 of the community; no monopolies, trading com- 
 panies, or corrupt governmental Banks; fre- 
 quent rotation, strict responsibility and small 
 parade in office; moderate legislation; a revenue 
 meeting the wants of the people and no more; 
 simplicity in the laws; and tl)(^ Ion si possible re- 
 
MARTIN VAN BUREN. 41 
 
 straint upon the mind, person, energy and industry 
 of every man, consistent with the rights of his 
 fellow-man. 
 
 The distinctive features of each party have 
 remained nearly the same, down to the present 
 day. On one side, there has been seen the scheme 
 of a splendid, national, consolidated Government, 
 a single department of which, it has been claimed, 
 may control a sovereign state and remove even 
 felons from the cells of her penitentiaries; an 
 overgrown, national Bank, its head reaching to 
 the highest offices in the government, its mem- 
 bers extended to every state, its right hand 
 raised to depose the President of the people, its 
 breath spreading dismay throughout the land, its 
 operations extensive, secret and corrupt, its re- 
 sources unlimited and its continuance, perpetual; 
 a system of raising revenue vastly dispropor- 
 tioned to the wants of the government, to be lav- 
 ished in magnificent roads, through favored sec- 
 tions of the country, or invested in joint-stock 
 speculations; a latitudinarian construction of the 
 Federal compact, begetting the exercise of powers 
 which endanger the continuance of the Union; a 
 practical avowal of the principle that a national 
 debt is a national blessing; a disposition to legis- 
 late over-much, and to tamper, capriciously, with 
 the interests of the people; a general disregard 
 of the popular voice and distrust of the popular 
 capacity, leading to the crooked policy of attempt- 
 ing to cheat the people into salutary measures, 
 4* 
 
42 THR LIFE OF 
 
 thus rendering office-holders, not theh^ servants^ 
 but their masters. 
 
 On the contrary, the democratic party set out 
 with the cardinal principle that might and right 
 belong, equally and exclusively, to the people; 
 that in them resides all sovereignty; that there is 
 no pow^er on earth which may rightfully subject 
 them to any laws or restraints, of body or mind, 
 which they choose not to adopt for themselves; 
 that government is for their own comfort and pro- 
 tection, and not for the especial benefit of the gov- 
 ernors; that magistrates are servants and office 
 holders agents, whom the people create and may 
 at pleasure, control or remove; that the unimpair- 
 ed sovereignties of the several states are vastly 
 more essential to liberty than any other feature of 
 our political S)^stem; that. the National Govern- 
 ment possesses no inherent powers, but is authori- 
 zed to act only so far as the spirit and letter of 
 the constitution clearly intend; that no revenue 
 should bo raised beyond the wants of the gov- 
 ernment; that the Federal Government was 
 intended mainly for the regulation of foreign rela- 
 tions and cannot constitutionally expend large 
 sums of money in domestic, local, internal improve- 
 ments and splendid plans of national embellish- 
 ment and speculation; that, inasmuch as a nation- 
 al Bank is not expressly authorized by the consti- 
 tution, and the right of creating one has always 
 been questioned by sound politicians, no such 
 institution should be established without further 
 authority from the people, whatever advantages 
 
MARTIN VAN BUREN. 43 
 
 may be claimed for it; that the several depart- 
 ments of the Federal Government are co-ordinate 
 and equal in their respective spheres, and that 
 each is bound to interpret and execute its functions 
 and duties, on its own responsibihty and by its 
 own lights. 
 
 These are some of the principles of the demo- 
 cratic party at the present time. They are, no 
 doubt, held with various modifications, by different 
 members of the party; but they all aim at remov- 
 ing every burden and restriction upon the natural 
 freedom of man, to the utmost extent which is con- 
 sistent with the preservation of social order. They 
 are based upon the fundamental axiom that the 
 great mass of the American people are honest and 
 are capable of self government; and that, admit- 
 ting their liability to mistakes and to occasional 
 perversions of right, yet the liberties of the people 
 may more safely be entrusted with themselves, 
 than with any of those zealous patriots who are 
 ready, from pure benevolence, to govern them. 
 
 •Between the two parties, whose antagonist prin- 
 ciples have been briefly stated, the community 
 have ever been divided according to their natural 
 dispositions, their early education, their personal 
 interests or the dictates of their judgment. Among 
 the leaders of the anti-democratic party have gen- 
 erally been found those persons who were born to 
 the inheritance of large estates, who have passed 
 through the training of a regular collegiate educa- 
 tion, and have any claims to distinction on the 
 
44 THE LIFE OP 
 
 score of ancestry. Their distrust of popular ca- 
 pacity and integrity may generally be traced to 
 the tenor of their early education, by which they 
 have been so far withdrawn from the necessity of 
 manual labor and from contact with those who 
 live by it, as to form erroneous notions of their 
 capacity and an ill founded distrust of their virtue. 
 The educated sons of opulent and distinguished 
 parents very naturally come to regard themselves 
 as the natural inheritors of the honors of their 
 family and are easily disposed to claim priority in 
 political promotion, over the undistinguished and 
 the poor. Not unfrequently, the course of educa- 
 tion through which they pass is fitted to inspire 
 an admiration for the glare of aristocratic pomp in 
 foreign countries and in ancient times. They read 
 of the Roman " plebeians" and the English " mob" 
 and are prone to regard the common people of 
 their own country in the same contemptuous esti- 
 mation. As they advance in life, they soon begin 
 to feel that entire equality in civil and politicjal 
 rights, is a principle not altogether consistent with 
 their own estimate of themselves and of those around 
 them. They begin to regard those who are not 
 their equals in wealth, family and education, as in- 
 feriors, also, in political rights. Having never 
 freely mingled with the mass of their fellow men, 
 they under-rate their capacity and virtue. They 
 forget that integrity of character and true patriot- 
 ism are more frequently imbibed from the parental 
 
MARTIN VAN DUREN 45 
 
 nnd domestic education of the farmer or mechanic, 
 than in public seminaries of learning. They for- 
 get that learning is not always wisdom ; that a 
 full scholar may be a shallow thinker ; and that 
 books, teachers, apparatus and the other instru- 
 ments of learning are not the bestowers of a sound 
 judgment or a clear head. These are, indeed, 
 great helps to mental discipline and the acquisition 
 of knowledge ; but some of the strongest minds 
 that ever appeared have been formed w^ithout 
 them. Patient reflection may proceed as rapidly 
 and steadily, over the desk of the merchant, the 
 l)ench of the mechanic, the anvil of the smith, or 
 at the hearth of the farmer, as amid the splendid 
 halls of learning or in the cloisters of the man of 
 science. There is lass difference between men of 
 reflection and native judgment tha.n is generally 
 imagined t how difterent soever may have been 
 their means of education or their conditions in 
 life. The principles which lie at the basis of true 
 science, both in morals and politics, are simple, 
 and may generally be as clearly comprehended by 
 the manof plair, uneducated common sense, as by 
 the scholar whose mind has been trained by arti- 
 tificial modes of reasoning. The latter has greatly 
 the advantage of the former in the facility with 
 which his literary resources enable him to express, 
 illustrate and enforce his sentiments. But the un- 
 educated man ma^^ nevertheless, be a profound 
 thinker, though destitute of the technicnl rules 
 
46 THE LIFE OF 
 
 which are convenient for the clear expression of 
 the grounds of his opinions.* 
 
 The truth is, the principles of political and moral 
 science are not so profound and abstruse that only 
 a select few, of striking genius and great learn- 
 ing, can possibly comprehend them. If it were 
 so, there would be an end of all freedom in the 
 political world, and of all independence of 
 judgment in the moral and religious world. If the 
 principles of politics are beyond the apprehension 
 of mankind at large, government must, of necessi- 
 ty, be taken from their control and committed to 
 the direction of the few who have the requisite 
 learning and capacity. If the principles of moral 
 and religious truth are equally obscure, then must 
 the right of private judgment in these matters, 
 cease to be exercised, and the mass of mankind 
 must receive their religious belief and their rules of 
 action from a controlling priesthood. But in mat- 
 ters of religious belief and practice, the compe- 
 tency of every moral agent to form his individual 
 opinions, and his responsibility for his faith and 
 practice are no longer a matter of dispute. The 
 
 * "No epoch of humanity, not even a single individual, wheth- 
 er the first or the last, has ever been cut ofi' from the inheritance 
 of truth. * * * A peasant, the meanest of peasants, knows 
 as much as Leibnitz, about himself, about the world and 
 God, and about their relations ; but he does not possess the secret 
 and the complete explication of his knowledge ; he Itnows not how 
 to account for it : he possesses it, but he does not possess it in that 
 superior form of thought, which we call philosophy." Cousin's 
 Introduction to the History of Philosophy : Lecture II. 
 
MARTIN VAN BUREN. 47 
 
 Christian religion is characterized by such plain- 
 ness and simplicity that its doctrines and precepts 
 are within the apprehension of the most common 
 understanding ; nor can any person, be relieved 
 by the interposition of any human expositor from 
 the responsibility of examining and believing for 
 himself. 
 
 The same course of reasoning applies to polit- 
 ical knowledge. The true principles of govern- 
 ment must be within the apprehension of ordinary 
 men or the great mass of mankind must be ex- 
 cluded from the exercise of self-control. If it be 
 the law of our nature that men shall form their 
 own civil institutions, it must be upon principles 
 which men can understand. If social institutions 
 cannot be founded and maintained on such princi- 
 ples, they must be formed exclusively by the few 
 who can understand them, and the only duty of 
 the great body of mankind, must be submission. 
 If these principles are correct, the mystery and 
 obscurity which sometimes surround law-making 
 and civil government are the result either of igno- 
 rance or imposition, and ought to be dissipated. 
 
 Hence the opponents of democratic power fall, 
 at once, into a two fold error. They ascribe an 
 undue degree of intricacy to the science of politics, 
 and at the same time, underrate the capacity of 
 the great mass of their fellow-men. From these 
 errors of opinion flow the most unhappy conse- 
 quences. They who entertain them are engaged 
 in a constant endeavor to curb the popular influ- 
 
48 THE LIFE OF 
 
 ence and withdraw all political power, as far as 
 possible, I'roia the people. Borrowing their no- 
 tions of political science from foreign governments, 
 they constantly lose sight of the cardinal principle 
 that all power, here, belongs to the people. For- 
 getting that the people are the lawlul sovereigns 
 of this realm and that law-makers and office-holders 
 are their agents and servants, invested with tem- 
 porary duties for the execution of which they are 
 responsible to the people as their masters and are 
 rewarded by them, these men who are rather edu- 
 cated in the principles of foreign governments 
 than of our own, constantly aim to assert for them- 
 selves a supremacy of the same kind as that w Inch 
 men of rank, wealth and education are entitled to, 
 in adift'erent organization of society. Accustomed 
 to estimate themselves as much above their fellow- 
 men in political advantages, as they, often, really 
 are in wealth and education, they look upon the 
 claim of the common people to equal rights and 
 legitimate supremacy, as an encroachment u])on 
 their ow^n peculiar privileges. They regard the 
 struggles of the democracy as attempts to strip 
 them of a just superiority. The real tendency of 
 those struggles, they readily perceive, is to level 
 and e(|ualize wealth and political power through- 
 out the conmiunity; hence they spare no eifort in 
 resisting them. It is dilhcult for men whose minds 
 aie thus formed to feel that the undue superfluity 
 of wealth and rank they may chance to obtain, 
 must devolve a corresponding privation upon other 
 men, who, by the laws of nature and the principles 
 
MARTIN VAN BUIIEN. 49 
 
 of our government, are, equally with themselves, 
 entitled to the enjoyment of these privileges. 
 They cannot feel that to the truly benevolent 
 mind, the suffering of the undistinguished, poor 
 man seems to be as great an evil as the corres- 
 ponding distress of the high born and rich. 
 
 These are hard lessons for men to learn who 
 are born to the possession of superior, social and 
 intellectual enjoyments, and who forget that the 
 nature of our institutions forbids them from also 
 engrossing political superiority. Stimulated by 
 these false notions of their real position in our re- 
 public, men, who in social intercourse evince the 
 most attractive qualities, are led into the most vio- 
 lent political practices. They hesitate not to 
 declaim on the ignorance, degradation, servility, 
 corruption and violence of tlie common people — the 
 mob — the radicals — the haters of good order and 
 breakers down of all useful institutions; the men 
 in short, who dare to believe, with the illustrious 
 Jefferson that one half of mankind are not born 
 with saddles on their backs, to be ridden by the 
 other half. These violent denunciations are heap- 
 ed, with exaggerated fury, upon any men of edu- 
 cation, moral worth and talent, who may espouse 
 the popular cause. Underrating the intelligence 
 of the great body of the democratic party, they 
 erroneously suppose that its strength, in a great 
 measure, depends upon the leaders, and these 
 leaders become the objects of especial attack. 
 Feeling no sympathy, themselves, with the com- 
 mon people, they ascribe the efforts of intelligent 
 5 
 
50 THE LIFE OF 
 
 meri m the popular cause, lo the vilest motives. 
 They charge these men with misleading others 
 whom they only co-operate with, or perhaps, in 
 reality, follow. They ascribe the exertions of the 
 intelligent and able champions of popular rights to 
 demagogueism, thirst for office, inordinate ambi- 
 tion, or moral corruption; for they can never 
 appreciate that truly expansive benevolence which 
 embraces all mankind as brethren. The feeling 
 of sympathy and good will for his fellow men, of 
 all conditions, which is the pervading principle of 
 action with the true philanthropist, finds no place 
 in the breast of the aristocrat. It is supplanted, 
 too often, by fear, jealousy and hate. The aristo- 
 crat sees, lurking in every poor man's eye, a design 
 upon his life or property; he regards every man 
 who is beneath his own caste, as under the influ- 
 ence of a demoniacal spirit, which is only kept 
 within bounds, by the restraints of fear and self 
 mterest. Hence, he seeks for protection behind 
 the bulwarks of power, rank, title and authority. 
 It is his creed that the common people — the rabble, 
 must be kept under, either by force or corruption; 
 and he solemnly believes that were they let loose 
 upon the world, at large, they would exterminate 
 " the better sort of people" — plunder the rich, reduce 
 all to the common level of poverty, and finally prey 
 with violence upon each other, in the frantic exer- 
 cise of liberty! 
 
 The democratic lover of equal rights looks 
 abroad upon his fellow men with far different eyes. 
 He believes that nature has generally bestowed 
 
xMARTIN VAN BUREN. 51 
 
 upon thorn benevolent nnd social feelings. He 
 reads good will and sympathy in their countenan- 
 ces. He discovers in their dispositions, when 
 anperverted by bad education or example, a lean- 
 ing towards sincerity and truth, and a strong innate 
 love of virtue and justice. He traces their faults 
 and defects to other causes than tho hand of nature 
 or of God. Hence, he never fears and hates his 
 fellow-men, but confides in them and loves them. 
 He delights to do them good, to sec them equal, 
 free and happy; nor has he any doubt that with 
 proper information, they will generally act, honest- 
 ly and wisely. — Certainly, if the lover of popular 
 rights and equality errs, his error is on the side 
 of benevolence. 
 
 At the time when Mr. Van Buren commenced 
 his professional career, the violence of party spirit 
 was extreme throughout the country. The state 
 of New York was fearfully agitated by its influ 
 ence; and in the county of Mr. Van Buren's resi- 
 dence political dissensions were carried to the 
 greatest extremities. 
 
 The administration of the Federal Government 
 had then passed, after a considerable struggle, 
 into the hands of the democratic party; but it was 
 by no means certain that their ascendency would 
 be of long continuance. In the state of New 
 York, and in the county of Columbia, the federal 
 party had long held the reins of power by an 
 overwhelming majority. The land-holders in 
 Kinderhoijk and its vicinity, had inherited large 
 estates from a long line of wealthy ancestors, and 
 
52 THE LIFE OF 
 
 had exercised, by prescription, an influence over 
 their tenants and the more recent immigrants,, 
 analagous in its nature, and almost in its extent,. 
 to the baronial prerogatives of feudal lords. The 
 great mass of mercantile and professional men in 
 the county, were dependent upon these wealthy 
 free holders for patronage, as also were the labor- 
 ers and mechanics, in a still greater degree. The 
 members of these families were generally federal- 
 ists and looked with anxious disapprobation upon 
 any efforts to extend popular rights. Towards 
 the champions of the democracy, they exhibited 
 neither liberality nor toleration, but carried on a 
 warfare against them, both in pubhc and private, 
 of the most obstinate and embittered character. 
 
 Mr. Van Buren's early exhibition of energy and 
 talent attracted their attention. It was readily 
 observable that they had much to fear from his 
 exertions if he continued to co-operate with the 
 democracy, and no ordinary pains were taken to 
 detach him from that connection. The respectable 
 srentleman with whom Mr. Van Buren studied his 
 profession was a high-toned federalist. His early 
 patron and partner in business was of the same 
 political faith. These gentlemen, by their exam- 
 ple and advice, earnestly endeavored to withdraw 
 him from a political connection which they proba- 
 bly believed to be dangerous and wrong, and 
 which they could not but foresee must bring upon 
 their young friend nmch persecution and oblocjuy. 
 Gentlemen of high standing and character, many 
 years his seniors, who were sincerely and ardent- 
 
MARTIN VAN BUREN. 53 
 
 \y attached to him, made the most strenuous? en 
 deavors to ijiducc him to change liis political creed 
 They urged every consideration, flattering to his 
 pride, or which coidd tempt the amijition of an 
 aspiring youth. They pointed out to him the dan- 
 gerous tendency of what they called the " Jacobin- 
 ical principles" of the party to which he was 
 attached, and the certain defeat and ruin which 
 awaited them. The result of every interview was 
 a disappointment of their hopes to influence his 
 course, not unmixed with an admiration for the 
 firmness with which he adhered to his principles 
 and the adroitness with which he met their argu 
 ments. These attempts were finally abandoned. 
 Firmly fixed by reflection and observation in the 
 political faith of his father, who w^as a whig in the 
 Revolution, an anti-federalist in 1788, and an early 
 supporter of Jcflerson, the subject of this memoir 
 shrunk not from the severe tests which were ap- 
 plied to the strength and integrity of his convic- 
 tions. Without patronage, comparatively poor, a 
 plebeian by birth, and not furnished with the ad 
 vantagCo of a superior education, he refused to 
 worship either at the shrine of wealth or power, 
 but followed the dictates of his native judgment 
 and benevolent feelings, and hesitated not, in beliall 
 of the cause which he thus adopted, to encounter 
 the utmost violence of his political enemies. That 
 violence soon burst upon his head with concentra- 
 ted fury. His character was traduced, his person 
 ridiculed, his principles branded as infamous, his 
 integrity questioned, and his abilities sneered at, 
 5^ 
 
54 THE LIFE OF 
 
 by those who had recently extolled them. In 
 short, Mr. Van Burcn encountered, in the earliest 
 period of his career, an earnest of that malignant 
 and persevering abuse with which he has been 
 incessantly assailed, from that time to the present. 
 But the shafts of malice were aimed at him in vain. 
 His moral character was beyond reproach. 
 His habitual self respect and the pervading de- 
 corum of his deportment defied ridicule. His 
 principles were so fortified by truth, as to gain 
 ground amid obloquy and denunciation. His in- 
 tegrity commanded the respect of all candid men. 
 His abilities extorted general admiration. 
 
 The ruthless warfare carried on by the exclusive 
 party in this country, against the leaders of the 
 democracy, is well illustrated by the case of Mr. 
 Van Buren, both in its character and its effects. 
 For nearly forty years it has been the constant 
 effort of his political antagonists, in public and pri- 
 vate, by the press, by conversation and in set 
 speeches, to lessen his influence with the American 
 people and to impair their confidence in his capa- 
 city and honesty. The attempt has proved utterly 
 futile. Indeed, it has indirectly conduced to his 
 elevation, by drawing public attention to his char- 
 acter and subjecting it to a constant scrutiny, well 
 calculated to disclose its excellencies. The exam- 
 ple will not be without its influence upon other 
 defenders of the true principles of our government, 
 as it evinces how little these violent attacks de- 
 serve to be regarded. The people have already 
 learned that these assaults are generally propor- 
 tionate in their violence, to the merit of the sul)ject, 
 
MARTIN VAN BUREN. 55 
 
 and that signal integrity of character in a demo- 
 crat, is most hkely to excite their greatest fury. 
 It is rather a matter of surprise that they who 
 resort to these intemperate measures have not 
 ah'eady learned their futility; since the people 
 have, almost uniformly, delighted to honor those 
 who have been most bitterly assailed. Every 
 one will call to mind, in this connection, the father 
 of American democracy, the illustrious Jefferson, 
 and the equally conspicuous example of our pres- 
 ent, venerable chief magistrate. 
 
 On this subject, as on many others, the cardinal 
 error of the anti-democratic party, is a false esti- 
 mate of the intellectual capacity of the people. 
 Presuming upon their ignorance and credulity, 
 they employ for purposes of deception, a tone of 
 exaggeration and hyperbole which leads to distrust 
 and defeats its own object. Thus they have lost 
 the popular ear, and their most solemn assevera- 
 tions have ceased to influence any but weak 
 minds. 
 
 Undismayed by persecution, as he had been 
 unmoved by persuasion, Mr. Van Buren steadily 
 acted upon his carefully formed convictions, and 
 vigorously co-operated, on all occasions, with the 
 democratic party. Mild and unobtrusive in his 
 personal deportment, while he never offensively 
 obtruded his sentiments upon others or denounced 
 their opposite^^opinions, he was ever ready, by 
 argument and illustration, to defend his own tenets 
 and to enforce them in private life or on public 
 occasions. 
 
5G THE LIFE OF 
 
 Thus connected with a party, which, tlioiigh as 
 yet but a minority, still, cm!)0(lied a numerous and 
 intelligent portion of the community, he naturally 
 became the vindicator not only of their political 
 faith but of their legal rights. The conspicuous 
 position in which he was thus placed, called into 
 exercise the utmost energy of his mind and the most 
 strenuous exertion of his talents. We have 
 already seen that the weight of legal talent and 
 learning was greatly on the other side. To 
 encounter successfully, in the tribunals of justice, 
 the distinguished antagonists with whom he was 
 thus politically and professionally brought in collis- 
 ion, required the most unremitting industry, the 
 most diligent preparation, and the most vigorous 
 exertion of his powers. The conflicts in which he 
 thus engaged rapidly invigorated and enlarged his 
 natural powers. They quickened his apprehen- 
 sion, strengthened his judgment, added clearness 
 and vigor to his reasoning faculties, and brought 
 into full operation the whole resources of his well 
 endowed mind. It was soon seen that he was 
 able fully to cope with the ablest of his opponents 
 in the local Courts. He soon challenged them to 
 the encounter in a broader field. In February, 
 1807, he was admitted as a counsellor in the Su- 
 preme Court, and thus had opened to his ambition 
 the highest arena of professional competition. 
 Upon this arena he entered with equal eagerness 
 and equal success. He was here brought into 
 more immediate collision with the distinguished 
 men whom years of exertion had raised to the high- 
 est professional eminence. 
 
MARTIN VAN BUREN. 57 
 
 In 1808, the democratic party having gained a 
 temporary ascendency in the appointing depart- 
 ment of the State Government, Mr. Van Buren 
 was appointed Surrogate of Columbia County. In 
 the latter part of this year or the beginning of 
 1 809, he removed from the village of Kinderhook 
 to the city of Hudson, in consequence of the in- 
 crease of his professional business in the higher 
 Courts. He was thus established in the capital of 
 his native county, with a professional reputation 
 which had already extended far beyond the limits 
 of that county. At this point he may be consider- 
 ed as having entered upon the most brilliant period 
 of his professional career. 
 
CHAPTER IV, 
 
 Mb. Van Bvren^s professional course from the time ofhis^ 
 removal to the city of Hudson^ in the icinter q/ lSOS-9, 
 until his final withdrawal from the bar, in 1828. 
 
 It has already been remarked, that the bar<of 
 Columbia County embraced, at the period now 
 spoken of, some of the most distinguished lawyers 
 in the state of New York, or indeed in the United 
 States. After the promotion of William W. Van 
 Ness to the bench of the Supreme Court of the 
 State,* the most eminent in the remaining group 
 was the late Elisha Williams. This gentleman 
 was a resident in the city of Hudson at the time 
 of Mr. Van Buren's removal thither. As a popu- 
 lar speaker, especially, as an advocate before a 
 jury, he was unrivalled in the State of his resi- 
 dence, and probably in the Union. He was an 
 active and ardent politician, and already stood at 
 
 * Mr. Van Ness was appointed Judge, in June 1807, in place of 
 Brockhol£t Livingston, resigned. 
 
60 THE LIFE OF 
 
 the head of the federal party in that region, as 
 Mr. Van Biiren did at the head of the democratic 
 cause. Mr. Williams was then in the prime of 
 manhood and in the zenith of his fame, and was 
 little disposed to divide professional pre-eminence 
 with a rival advocate, or to surrender party as- 
 cendency to a political opponent. 
 
 With such an antagonist, already in possession 
 of the field, Mr. Van Buren was constrained to 
 measure his abilities. Conspicuous leaders of op- 
 posite parties, rivals in personal interests, profes- 
 sional success and political fa me, they were prompt- 
 ed to the contest by every motive of interest, 
 duty and ambition. Accordingly the Courts of 
 Columbia county exhibited, during the period allu- 
 ded to, the most striking displays of forensic talent 
 and the most extraordinary exhibitions of profes- 
 sional zeal and industry, on the part of these con- 
 flicting champions. The following felicitous pic- 
 ture of their respective peculiarities is from the 
 pen of a gentleman who was an eye witness of 
 their contests, and who is equally distinguished for 
 his professional eminence and the integrity of his 
 character.* 
 
 " Never were two men more dissimilar. Both 
 were eloquent ; but the eloquence of Williams 
 was declamatory and exciting ; that of Van Buren, 
 insinuating and delightful. Wilhams had the liv- 
 lier imagination; Van Buren the sounder judg- 
 . < < 
 
 * The Hon. Benjamin F. Butler, Attorney General of the Uni- 
 ted States. 
 
MARTIN VAN BUREN. 61 
 
 ment. The former presented the strong points 
 of his case in bolder rehef, invested them in a 
 more brilliant coloring, indulged a more unlicensed 
 and magnificent invective, and gave more life and 
 variety to his arguments by his peculiar wit and 
 inimitable humor : but Van Buren was his supe- 
 rior in analyzing, arranging and combining the in- 
 sulated materials, in comparing and weighing tes- 
 timony, in unravelling the web of intricate affairs, 
 in eviscerating truth from the mass of diversified 
 and conflicting evidence, in softening the heart 
 and moulding it to his purpose, and in working into 
 the judgments of his hearers the conclusions of his 
 own perspicuous and persuasive reasonings." 
 
 The following interesting particulars, from the 
 same authentic source, exhibit the honorable prin- 
 ciples by which the competition of these distin- 
 guished opponents was controlled. 
 
 " Notwithstanding the fierceness of their political 
 collisions, their professional business was conduct- 
 ed in a spirit of unbounded liberality and chival- 
 ric confidence. Legal technicalities w^ere entirely 
 disregarded, and every thing that related to the 
 mere form of proceeding was accommodated by 
 each to the wishes and convenience of the other. 
 The tendency of this mode of practice to beget 
 controversy and mistake, even between friends is 
 sufficiently obvious : it is therefore a crowning fact, 
 one that reflects honor not only upon themselves 
 but upon the profession they adorned, that the 
 courts were never trouble'd with a single special 
 motion growing out of their conduct as practition- 
 6 
 
62 THE LIFE OF 
 
 ers; that no complaint of unfairness attempted, 
 or advantage taken, or courtesy withheld, was ever 
 preferred by either, and that each has since borne 
 ample testimony to the generosity and good faith 
 with which he Was treated by his adversary." 
 
 The active practice at the bar, in which Mr. 
 Van Burcn had been hitherto engaged, had some- 
 what interfered with the systematic study of his 
 profession. He determined, at this time, to apply 
 himself to legal study with unabating diligence. 
 He had always aspired to the highest distinction 
 at the bar ; and feeling within him not only the 
 desire but the elements of success, he determined 
 not to be deficient in any one quality of a profound 
 and accomplished lawyer. Perhaps too, he was 
 stimulated to greater effort in this direction, by the 
 circumstance that profound legal knowledge was 
 not the peculiar distinction of his great antagonist. 
 Mr. Williams trusted very much to the natural 
 resources of his powerful mind and was led, by 
 the brilliancy of his parts, into some impatience of 
 thorough legal study. He was rather copious and 
 oratorical than closely logical and argumentative. 
 With a jury, few could stand before him ; with the 
 Court, he did not always command eciual success. 
 
 To this branch of his profession, then, Mr. Van 
 Burcn applied himself with the most intense ardor. 
 He purchased a very extensive and well selected li- 
 brary which had been the property of an eminent 
 lawyer, then deceased, and devoted his best en- 
 ergies to a systematic and extended course of 
 reading. But he made no parade of his assiduity ; 
 
MARTIN VAN BUREN. G3 
 
 indeed his habits were rather fitted to conceal it. 
 During the busy part of the day, he was seen con- 
 stantly mingling in conversation or engaged in his 
 ordinary business, with those who had occasion to 
 consult him. He mingled with freedom and evcH 
 with zest, in ihe social circle and in more formal 
 visiting assemblies; and in the habitual cheerfulness 
 of his manner there was nothing to indicate the 
 severe student. He chose that his industry should 
 rather appear by its proper fruits at the bar, than 
 be indicated by morose infractions of social cus- 
 toms, or the anxious, care worn visage which many 
 put on, as an evidence of severe thought. 
 
 But in the stillness of the night, he buried his 
 whole soul in the researches of science. At that 
 propitious season, he knelt at the shrine of that 
 " jealous mistress which allows no rival," and com- 
 muned with those eloquent oracles of enlightened 
 reason, which are too often allowed to repose in 
 silence on the dusty shelf. 
 
 During the seven years he resided at Hudson, 
 by laborious practice in the courts and severe pri- 
 vate study, he rapidly advanced towards the high- 
 est rank in his profession. In the mean time, his 
 extending practice had conducted him to the high- 
 er courts, and to the tribunal of final resort. '^ He 
 thus was brought in contact with the most emi- 
 nent members of his profession from cveiy section 
 
 * Tlic first appearance of Mr. Van Burcn at the bar of the Court 
 i>f Errors, was at the May term in the city of New York in 180^^, 
 HI the case of Wilson aiul Gibbs VS: llccd ^ JohiisoWs Report'^. 
 p Mry 
 
64 THE LIFE OF 
 
 of the state. Few men of his age entered that 
 high arena with equal advantages, either of 
 natural parts or of previous study and discipline. 
 His success was commensurate with his merits and 
 efforts. They who had hitherto known him only 
 through the distorted representations of the party 
 press, were now forced to the formation of a more 
 correct estimate. They felt his powers and dread- 
 ed a collision with him. They saw the extent of 
 his legal learning and found their utmost industry 
 taxed to encounter it. Amid the most distinguish- 
 ed talent in the State, his abihties were so con- 
 spicuous, and his success so eminent, that in Feb- 
 ruary 1815, the republican party having regained 
 the ascendency, he was appointed Attorney Gen- 
 eral of the state. The preceding incumbent was 
 the venerable Abraham Van Vechten, a man emi- 
 nently distinguished for his professional merit and 
 political influence, and who still survives, the ven- 
 erated father of the New York bar. 
 
 The intellectual character of Mr. Van Buren 
 at this period, is thus forcibly sketched by the same 
 hand that furnished the parallel, before inserted, 
 between him and Mr. Williams. 
 
 " Amongst such competitors* it was impossible 
 to acquire, still more so to maintain, a factitious 
 reputation. Mr. Van Buren's was based on ma- 
 terials the most durable. Gifted with a large share 
 
 * Of these competitors it will be sufficient to name Wells and 
 Emmet of New York, and J. V. Henry of Albany: men (now 
 no more) whose professional eminence is familiar to the whole- 
 American Bar. 
 
MARTiN VAN BUREN. 65 
 
 of good sense, with a quickness of apprehension 
 ahiiost intuitive, with a nice discrimination, and 
 with great accuracy of judgment, and illustrating 
 these qualities by powers of reasoning and oratory 
 rarely surpassed, he was peculiarly qualified for 
 the discussion of those varied and comphcated 
 questions of law, and of fact, which are so often 
 presented for decision in our higher tribunals. It 
 was accordingly in the management of important 
 cases in the superior courts, that his most success- 
 ful efforts as an advocate were made. 
 
 " Whether before a jury, or the bench, he partic- 
 ularly excelled in the opening of his subject. The 
 facts out of which arose the questions for discus- 
 sion, the nature of those questions, and the mode 
 in which he intended to treat them, were always 
 stated with great clearness and address. In the 
 exposition of his argument he was usually co- 
 pious and diffusive, presenting his case in all its 
 lights, and bringing to bear upon it every consid- 
 eration which could tend to elucidate its merits, or 
 cover its defects. His style and manner were ju- 
 diciously adapted to the character of his subject, 
 and of his hearers; sometimes direct and argu- 
 mentative, and at others discursive and impas- 
 sioned ; but even in the management of the most 
 abstruse legal topics, he was able by the perspicui- 
 ty of his statements, the aptness of his illustrations, 
 the vivacity and force of his tone and gesture, and 
 the felicity of his whole manner, to excite and to 
 retain the undivided attention of all classes of his 
 auditors. 
 
66 THE LIFE OF 
 
 " No one was better qualified to speak with abili- 
 ty and effect, upon little, or without any prepar- 
 ation ; but no one could be more careful or labo- 
 rious in his preparatory studies. We mention this 
 for the purpose of reminding the junior members 
 of the bar, that if they would emulate and equal 
 the successful career we have delineated, they 
 must rely, not on genius alone, nor on general 
 knowledge, or a diversified experience, but on the 
 surer aids to be derived from a perfect acquaint- 
 ance with their subject and a careful premedita- 
 tion of what they are to say." 
 
 In April 1812, Mr. Van Buren had been elect- 
 ed a member of the State Senate from the then 
 Middle District. By this election, which will be 
 more fully noticed in another place, he became a 
 member of the Court for the Revision of Errors. 
 His first sitting as a member of that august body? 
 was at Albany, in March 1813. During that ses- 
 sion, he delivered a very learned and elaborate 
 opinion, in the case of Barry vs. Mandell, report- 
 ed in the tenth volume of Johnson's Reports, page 
 575. It will not be proper to embody many of his 
 legal arguments or opinions in the present work ; 
 but the following extract from the case above cit- 
 ed, will show his sentiments at that early period 
 on a topic of great interest, and which has for ma- 
 ny years occupied the attention of another eminent 
 statesman, whose name is closely connected, at the 
 present moment, with that of Mr. Van Buren. 
 
 " Permit mc next, respectfully to examine with what 
 propriety it can be alleged, that escapes of this description 
 
MARTIN VAN BUREN. 67 
 
 are so far against the policy of the statute, as to render 
 the construction of the Court below, proper and necessa- 
 ry. As it has truly been remarked, 'this Statute was 
 passed for humane purposes ;' it was among the first con- 
 cessions which were made by that inflexible spirit, which 
 has hitherto maintained its hold upon society, authoriz- 
 ing imprisonment fo7' debt. Coeval with the authority of 
 imprisonment for debt, have been the exertions of men of 
 intelligence, reflection and philanthropy, to mitigate its 
 rigor ; of men who. viewed it as a practice fundamentally 
 wrong, a practice which forces their fellow creatures 
 from society, from their friends and their agonized fami- 
 lies, into the dreary walls of a prison ; which compels 
 them to leave all those fascinating endearments, to be- 
 come an inmate with vermin ; which confines them with- 
 in the same walls which contain the midnight incendiary 
 and the ruthless assassin; not for crimes which they have 
 committed ; not for frauds which they have practised on 
 the credulous and unwary ; (for such distinctions are not 
 made ;) but for the misfortune of being poor ; of being 
 unable to satisfy the all-digesting stomach of some raven- 
 ous creditor ; of men who looked upon the practice as 
 confounding virtue and vice, and destroying the distinc- 
 tion between guilt and innocence, which should unceas- 
 ingly be cherished in every well regulated government." 
 
 As Mr. Van Burcn held the office of Attorney 
 General during a considerable portion of the peri- 
 od that he was a member of the State Senate, his 
 opinions in the Court of Errors are less frequent 
 than they would otherwise, probably, have been. 
 
 In 1816, on account of the duties of his office 
 as Attorney General, and the increase of his pro- 
 fessional business, he removed from Hudson to Al- 
 bany. From this time forth, his professional occu- 
 pations were very pressing and lucrative. His 
 name appears in the Reports of the Supreme 
 Court and Court of Errors, in the State of New 
 York, in a large number of the most important ca- 
 
68 THE LIFE OF ' 
 
 ses. He became the frequent associate and an- 
 tagonist of such men as Aaron Burr, Thomas Ad- 
 dis Emmet, John Wells, Samuel Jones, Thomas J. 
 Oakley, J. V. Henry and Abraham Van Vech- 
 ten ; — names familiar to the American people. — 
 For some years preceding his final withdrawal 
 from the bar, his practice, it is believed, was un- 
 surpassed in its extent and responsibility, by that of 
 any lawyer in his native state, and perhaps in the 
 United States. Thus, after nearly twenty years 
 of unremitted industry, the highest wishes of his 
 early life were crowned with complete fruition. — 
 Wealth, influence and fame, were the natural 
 fruits of his successful exertion. His natural tal- 
 ents had reached their full expansion ; his labori- 
 ous industry exhibited its attendant results ; and 
 amid a constellation of great minds, whose bril- 
 liant efforts erected and adorned the fabric of New 
 York jurisprudence, the vigor of his intellect, and 
 the richness of his learning, won for him a con- 
 spicuous and acknowledged eminence. 
 
 It is to be regretted that no provision is made, 
 in this country, to preserve the best specimens of 
 forensic eloquence. The arguments of counsel, 
 addressed to the court, are briefly given by re- 
 porters, but are seldom interesting to any but pro- 
 fessional readers. But the best speeches of every 
 eminent lawyer are addressed to the jury, and 
 these are seldom preserved. It is not known to the 
 writer that any of Mr. Van Buren's speeches be- 
 fore a jury, during his long course of practice, have 
 
MARTIN VAN BUREN. 09 
 
 been reported. And of his legal arguments, 
 seldom any thing more than a bare statement of 
 the case and a reference to the authorities, is given 
 in the Reports. In the case of Varick against 
 Jackson, which was tried in the Court of Errors, 
 at Albany, in 1828, and is reported by Mr. Wen- 
 dell, in his second volume, page 166, the argument 
 of Mr. Van Buren on one of the most profound 
 and difficult questions ever brought before that 
 Court, is given somewhat at length, and, as it is 
 said, with great fidelity. It extends through twen- 
 ty-three pages ; and the professional reader may 
 be referred to it, as a fair specimen of the learning 
 and talent which he brought to the discussion of 
 topics of this nature. Aaron Burr, who was sen- 
 ior counsel on the same side, apparently consider- 
 ing the subject as exhausted, declined making any 
 additional remarks on the main questions in contro- 
 versy. 
 
 In the case of Wilkes vs. Lion, argued before 
 the Court of Errors, at Albany, in December 1823, 
 and reported in the second of Cowen, page 333, 
 the speech of Mr. Van Buren is given at length. 
 
 This was a case of great interest and impor- 
 tance : in reference to a prominent point involved 
 in it. Chancellor Kent is said, by the Reporter, to 
 have remarked : " this may well be considered a 
 gr^ve and important question, demanding the ut- 
 most care and attention on the part of this Court ; 
 for it was said on the argument, that property, to 
 the amount of half a inillion of dollars, depended 
 
70 THE LIFE OF 
 
 upon the decision to be made in this case." Aaron 
 Burr was also associated with Mr. Van Burcn in 
 the trial of this case, and the opposing counsel were 
 S. Jones of New York, and Samuel A. Talcott, 
 then Attorney General. The argument of Mr, 
 Van Buren extends through seventeen pages of 
 the Report, and upon his conclusion, Mr. Burr re- 
 marked that " he should add but little on the three 
 first points of the defence ; the ability with which 
 all the points had been examined by his associate, 
 forbade his saying much in relation to either." 
 
 The argument of Mr. Van Buren in this case, 
 may be particularly commended to the attention of 
 professional readers, as an example of his exceed- 
 ing clearness and felicity in opening an intricate 
 case. 
 
 The following extracts from this argument will 
 be interesting to the general reader, as they may 
 be understood without an abstract of the case, and 
 exhibit a fair specimen of the manner in which the 
 speaker treated subjects of this nature. 
 
 After a full and clear statement of the facts, Mr 
 Van Buren said : 
 
 " This cause was brought before tlic Superior Court, 
 and the questions which it invoh'^ed, upon the limitations 
 over, were considered as of a familiar, every day cliarac- 
 ter; but in Amierson vs. Jackson, they were, for tiie first 
 time, before tliis Court, Gentlenicn were tlien hoard up 
 on them in another man's cause, (h'pendin*^ ujjon the ideii 
 tical clause now under discussion; and the decision of the 
 Supreme Court in our favor, was ailinned upon llie very 
 principle involved in the first point. * * * 
 
 "The decision, there, is said to Iuivh been erroneous, 
 and that is tlie i^rcat and only material question in ilw^ 
 
MARTIN VAN DUREN. 71 
 
 cause. That decision I am called ii)X)n to support: and I 
 proceed to do it, with the greatest j)leasure, because this 
 Court consent to hear nie. It is perhaps proper, as the 
 late ClianceHor Kent gave a very long and learned opin- 
 ion, sustained by a respectable minority, against the ma- 
 jority who gave the judgment. I also owe it as a matter 
 of respect to this Court, to show that its decision is not to 
 be shaken." 
 
 He then furnishes a brief review of the various 
 decisions upon the same principles, down to the 
 case of Anderson vs. Jackson, and proceeds : 
 
 " But we shall be told that the decision in Anderson vs. 
 Jackson, wns not unanimous. True, it was not soj a fact 
 which we looked upon as somewhat strange; for we had 
 supposed the principle of that case as well settled as any 
 one in the law. And it was peculiarly unfortunate that 
 the opposition should come from that very quarter in 
 which we had reposed our rights. Yes, the late Chief 
 Justice, (then Chancellor,) Kent gives an opini<jn which 
 occupies nearly thirty pages in the report, to show that 
 the decision of the Supreme Court had been grossly er 
 roneous! 
 
 " How stood the point, upon authority, on coming into 
 this Court? The parties came here to litigate a principle 
 so fully and plainly established, in the Supreme Court, 
 that the decision of the cause, there, though involving a 
 large amount of property, was not deemed worth report- 
 ing. You saw that principle concurred in by Kent, Chief 
 Justice, Thompson, Chief Justice, and Spencer, Van 
 Ness, Yates, and Piatt, Justices; after a series of discus- 
 sions almost unparalleled in the history of any principle 
 in our law. You saw the same question arising and the 
 same principle established in neighboring states. From 
 every source, opposition was hushed; not only with men 
 of books, but in the common walks of life. You knew 
 that thousands of wills had been made upon that very 
 principle, and that if you unsettled the rule, you opened 
 Pandora's box. You knew it to be more important ihat 
 the law should be settled, than /low it should be settled. 
 You secured tons a principle which had been established 
 m the mind of every man for a long time; and you were 
 
72 THE LIFE OF 
 
 light, for the contrary would have been incalculably mis- 
 chievous, 
 
 " But the propriety of your course was questioned by a 
 long opinion from the late Chancellor, professing to show 
 this series of adjudications by the most enlightened tribu- 
 nals in the state, to be legal heresy. It is my duty to ex- 
 amine that opinion. I confess I do this with reluctance. 
 It was this, and not any fears from its effect, which led me 
 to join in the preliminary objection made by my associate, 
 against this point being heard. In this, we were over- 
 ruled. The opinion lies in our way and we must travel 
 over it. 
 
 " With deference, then ; — it is an opinion inconclusive 
 in all its parts, and o[ the tic enty-sia^ cases upon which it 
 is founded, there is but one which gives color to it. * * 
 
 " It was, at least, to have been expected from the late 
 Chancellor, that he would have shed a new ray of light up- 
 on the question, putting doubt at defiance. But I repeat 
 it, out of twenty-six cases relied on by him, Chadock vs. 
 Cowley J alone, is against us." 
 
 After an elaborate review of the cases cited by 
 the Chancellor, he proceeds: 
 
 " How then, stands the question ? Does not the word 
 survivor^ rescue this case from the general principle ? Is 
 it not clearly so ? — This court then decided, rightly, in 
 Anderson vs. Jackson. For four years the law has been 
 fixed by a court of dernier resort. Men have gone to 
 their graves after having settled their estates upon the 
 principles which you have promulgated. If erroneous, it 
 is because the decision was made by men. You ought 
 not to aflUrm it so much because it was right, as because 
 it was law. There is hardly a will settling real estate 
 which does not contain the disposition in question. It is 
 the most common case in a devise. You have not the 
 moral power to change your ground, because it is not 
 right. Who can know what the law of this state is, un- 
 less your decision is final ? Shall we look into your de- 
 cisions under the idea that they are to be overturned by a 
 new set of men who shall come here to-morrow ? A change 
 of decision with a change of men would be a less evil m 
 the Supreme Court of this state, or of the United States, 
 because from the tenure of the Judges' office, frequent 
 
MARTIN VAN BUREN. 73 
 
 changes are not lo be looked for. This Court may change 
 once in four years.* Are we barely enabled to say, 
 ' these words meant a definite failure of issue yestesday, 
 but whether this will be the law next year, I will tell you 
 after election?' ThelaAv of discretion, with the best of 
 men and the best of judges, is, more or less, the creature 
 of prejudice or passion. Your decisions should be as stable 
 as the constitution ; they should be so, in order that the 
 suitor may, at least, see one spot where there is an end of 
 uncertainty." 
 
 The last appearance of Mr. Van Buren before 
 a jury, is said to have been in the trials of the cel- 
 ebrated Astor case, and the case of the Sailors' 
 Snug Harbor, in the city of New York, in the fall 
 of 1827. During the trial of the latter case, Mr. 
 Emmet fell in an apoplectic fit from which he ne- 
 ver recovered. 
 
 Mr. Van Buren's last effort at the bar was in 
 the case of Varick vs. Jackson, argued before the 
 Court of Errors at Albany, in the spring of 1828. 
 At that point his professional career was interrupt- 
 ed by his political promotion. In connection with 
 the former, however, it may be proper to remark 
 that he was removed from the office of Attorney 
 General, in July, 1819, his political opponents hav- 
 ing gained the ascendency in the council of ap- 
 pointment. He had discharged the duties of the 
 office with ability, for more than five years. His 
 friends regained their influence the following year, 
 
 * The Senators of the state of New York, eligible every four 
 years, together with the Lieutenant Governor, Chancellor and 
 Justices of the Supreme Court constitute the Court for the correc- 
 tion of Errors, 
 
 7 
 
74 THE LIFE OF 
 
 and a rc-appointment to the same office was ten- 
 dered to him, but dcchned.* 
 
 Thus has been presented a summary view ol 
 Mr. Van Buren's progress at the bar, during more 
 than a quarter of a century. We have seen him 
 commencing the practice of his profession in his 
 native village, in his twenty-first year, amid em- 
 barrassments which could only have been overcome 
 by extraordinary perseverance and energy. It 
 has been truly said by a great philosopher of mod- 
 ern times, that " it belongs to the essence of every 
 thing which is strong, to develope itself, to realize 
 itself" This is strikingly evinced in the subject 
 of the present narrative. We have seen his pro- 
 gress from his native village to the capital of the 
 county, and thence to the capital of the state. 
 We have seen him, gradually but steadily, rising 
 in the ranks of his i)rofession, by the force of 
 his talents and his persevering industry, until he 
 was called to exercise the functions of the highest 
 law office in the state. We have seen him ascend 
 from the humblest judicial tribunal to the court of 
 
 * Mr. Van Burcn was married in 180G to Miss Hannah Hoes, 
 sister of his brother in law, Barcnt Hoes, Esq. She was dis- 
 tantly related to him before their marriage. The intimacy which 
 resulted in this union was formed in very early life and was con- 
 summated amid circumstances highly creditable to the steadfast- 
 ness of his attachments, as soon after his admission to the bar as 
 bccmcd to be prudent. His ardent attachment to her was evinced 
 on all occasions until the period of her decease, by the consump- 
 tion, in 1818. A gentleman of liigh distinction who knew her 
 Ultimately, from lier earliest years, says, in a letter to the present 
 writer " there never was a woman of a purer and kinder heart." 
 
MARTIN VAN BUREN. 75 
 
 final resort. We have seen him encountering an- 
 tagonists of the most eminent abihties, at every 
 step of his progress, and finally enrolling his name 
 in the illustrious catalogue of great men, who, in 
 the first quarter of the present century, gave such 
 distinction and splendor to the judicial tribunals of 
 New York. After such an exposition of his suc- 
 cess, amid such circumstances, to assert for him a 
 claim to pre-eminent talent, would but detract from 
 the demonstration afforded by the narrative.* If 
 it be true that intrigue, without merit or talent, 
 may sometimes secure political distinction, it must 
 at least be universally admitted, that eminence in 
 the legal profession can only be gained by great 
 ability and great industry. In these lay the secret 
 of Mr. Vf n Buren's success. Such and such only 
 was the magic by which he rose to eminence. Let 
 those who envy his success rather emulate his 
 example. Equal industry united with equal talent 
 may be certain of an equal reward. 
 
 * "Intecritatcm atque abstinentiam intanto viro referro, injuria 
 virtutum fucrit." Vita Agricolae, 
 
CHAPTER V 
 
 Mr. Van Buren's first agency in political ajfairs. Is 
 active in supporting the election of Jefferson. Is del- 
 egate to a county convention in his nineteenth year. 
 Ilis first appearance as an elector. Supports Lewis 
 for Governor in 1801; and Tompkins in 1807. Is 
 appointed Surrogate of Columbia County. Opposes 
 the renewal of the charter of the Bank of the U. S. 
 and the chartering of the Bank of America. Is elected 
 a member of the State Senate. 
 
 It must be obvious to the most cursory observer 
 of passing events that the great body of the people, 
 throughout the w^orld, and especially in this coun- 
 try, are rising against all extraneous and artificial 
 restraint, and are daily becoming more and more 
 " a law unto themselves."* 
 
 * In 1828, it was said by the greatest philosopher of modern 
 Europe: " The human race is, this day, assuming'the robe and 
 ensigns of virility; it has determined to see clearly into more 
 things than one, which have hitherto been kept in darkness by the 
 respect for former years. I confess I am myself among the num- 
 
78 THE LIFE OF 
 
 This must be a startling truth to those who be- 
 lieve in the folly, depravity and ignorance of the 
 great mass of mankind. It is the theory of our 
 government that all men are politically equal and 
 that the supreme political power resides in the peo- 
 ple. Few persons openly deny these principles, 
 though many practically resist them; and perhaps 
 the full extent to which they reach has not yet 
 been fully appreciated by the most enlightened 
 minds. 
 
 It is true that an individual, taken at random 
 from the mass, may seem incompetent, in most 
 instances, to the management of legislative affairs; 
 but after all, the aggregate voice of the majority is 
 the final and supreme standard of political truth. 
 Just as in the estimates of the duration of human 
 life or of the results in a game of chance, the age 
 of a single individual or the throw of a single die 
 furnishes no certain basis of calculation; yet when 
 great numbers are considered certain estimates may 
 be formed of general results. So in political mat- 
 ters; how erroneous soever individual opinions 
 may appear, experience has shown and reason 
 would demonstrate, that the general conclusions 
 derived from the aggregate voices of a great people, 
 are always right. 
 
 ber of those whom such an exhibition fills with gratitude to the 
 providence of God, for having given them birth in an epoch, 
 wherein it has pleased him, gradually, to elevate to the highest 
 degree of intelligence, a greater number than ever of their fellow 
 men." Cousin's Intro. Hist. Phil. Lcc. II. 
 
MARTIN VAN BUREN. 79 
 
 From the doctrine of popular supremacy it fol- 
 lows, that the nature of a political office, in this 
 country, is the exact opposite of a similar franchise 
 in aristocratic governments. Office holders are, 
 here, the servants and not the rulers of the people. 
 The real monarch is the private citizen; the private 
 station is the real post of honor. The American 
 private citizen has no political superior upon earth. 
 Hence, in foreign countries, the people are not his 
 equals; he is of the same rank with their monarchs. 
 The office-holder in this country is in a state of 
 obedience; his constituents are masters. If these 
 truths were duly appreciated, there would be less 
 scrambling for the privilege of becoming every 
 body's servant. It would be felt that the station 
 most worthy ot' the character of a freeman, is that 
 of a private citizen. 
 
 Nothing more distinctly characterizes the two 
 great parties in this country, than the relation in 
 which they respectively stand to their political 
 leaders. The anti-democratic party, regarding 
 government as a matter too important and intricate 
 to be trusted to the integrity and capacity of com- 
 mon people, cast around for great men to sustain 
 its functions and regulate its principles. Distrust- 
 ing the capacity of the people for 'self-government, 
 they search after men of splendid talents to govern 
 them. Destitute of self-reliance, they grope about 
 for some independent spirit whom they may follow 
 as a guide. They love to be governed; they feel 
 great reverence for high birth, wealth and station; 
 and delight to do homage to some ' political idol 
 
80 THE LIFE OF 
 
 Their leaders are, often, men of powerful intellect^ 
 ardent feelings and lofty ambition. They are 
 never hampered by the instructions of their con- 
 stituents, who are content to submit themselves to 
 the discretion of those whom they appoint to office. 
 The democratic party sustain a very diflerent 
 relation to the men whom they put in office. 
 Their sympathies are most strongly drawn towards 
 the individual who can best embody and express 
 the spirit of their own principles. They want, for 
 public office, servants and not masters; agents 
 who will execute their will and not dictators to 
 control it. The individual is nothing; his individ- 
 ual merits or demerits are nothing. It is only as a 
 faithful representative of the pervading feelings 
 and principles of his fellow men, their interests 
 and their w^ants, that he is invested with distinction 
 and entrusted with the exercise of power. He is 
 merely in the front of public sentiment, not its 
 director or governor. It is his function to emljody 
 and display the spirit of his age and nation, and 
 while he may seem to lead public sentiment 
 he is merely borne forward by its tide. The sen- 
 timents which are common to the great mass, but 
 which exist in ordinary minds in more or less indis- 
 tinctness and confusion, are, in his example, devel- 
 oped, illustrated and brought into action. Appar- 
 ently a leader, he is, in fact, but the representative 
 of the general spirit of his age and of the great 
 mass of the people with whom he is connected. 
 Between him and the body of his fellow men there 
 exists an interior, spontaneous and irresistible 
 
MARTIN VAN BUREN. 81 
 
 sympathy; a sympathy which directs them to him 
 as a fit agent to demonstrate and execute their own 
 feelings and will. As the personification of their 
 own most sacred convictions, they regard him with 
 confidence, enthusiasm, devotion. They recog- 
 nize in him the spirit of their time, the very spirit 
 of themselves; and every energetic display of his 
 principles awakens a kindred response of feeling in 
 their own bosoms. 
 
 This is the true secret of the unbounded confi- 
 dence reposed in our present chief magistrate. He 
 embodies and represents, more completely and fully 
 than any other man, the spirit of the age and nation. 
 This is the only unerring characteristic of a truly 
 great man. Devotion to a faction may win reputa- 
 tion; notoriety will follow the exhibition of striking 
 parts; but true greatness consists in embodying 
 the feelings, securing the confidence, and command- 
 ing the admiration of the great mass of the people. 
 
 This feeling of confidence and sympathy, on the 
 part of the great majority of the people, has ac- 
 companied Martin Van Buren from the first peri- 
 od of his entrance upon the arena of political life. 
 Guided by his owm internal convictions of right 
 and wrong, of truth and falsehood, he has never- 
 theless had the good fortune to reflect as in a mir- 
 ror, the sentiment and spirit of the nation and the 
 epoch. Mr. Van Buren's complete identity with 
 the popular cause in the earliest part of his life, 
 has been alluded to in the former part of this nar- 
 rative. 
 
 Ills first active participation in political affairs 
 
62 THE LIFE OF 
 
 was in the great contest which preceded the eleva- 
 tion of Mr. Jefferson to the presidency, in IbOl. — 
 He was, at tliat time, a student at law in Kinder- 
 hook, and espoused the interests of the democrat- 
 ic cause with the greatest ardor. His early devotion 
 to the popular cause secured him the confidence and 
 esteem of the democratic party in his native town. 
 The same feeling soon extended throughout the 
 county, and in the winter of 1800-1, he was deputed 
 by the republicans of Kinderhook to represent their 
 sentiments, in a convention of delegates from Rens- 
 selaer and Columbia counties, which convened to 
 nominate a representative to the State Legislature. 
 
 Thus, we find him at the early age of eighteen 
 years, entrusted with the expression of the politi- 
 cal views of a portion of the democratic party. His 
 abilities were put in requisition on that occasion, 
 in preparing an address to the electors of the dis- 
 trict. 
 
 Similar marks of confidence were reposed in 
 him during every year in the remainder of his mi- 
 nority ; and he mingled, constantly and actively, 
 with the veteran politicians of the county in the po- 
 litical contests of the day. 
 
 He entered upon his twenty-first year in the fall 
 of 1803, and the ensuing spring, made his first ap- 
 pearance at the polls as an elector. At that elec- 
 tion, Morgan Lewis and Aaron Burr were the op- 
 posing candidates for the office of Governor. Both 
 professed to belong to the democratic party ; but 
 the latter was arrayed against the general admin- 
 istration, and the former was the candidate of the 
 majority of Jcffcrsonian democrats. In this con- 
 
MARTIN VAN BUREN. 83 
 
 iosi, the circiunstaiicos of tlic case imposed upon 
 Mr. Van Buren a severe test of his integrity and 
 independence. Col. Burr was warmly sustained 
 by many leading politicians in Columbia county, 
 among whom were some of Mr. Van Buren's 
 warmest political friends. During his own resi- 
 dence as a student at law, in the city of New York, 
 he had received many flattering marks of attention 
 from the then Vice President, who embraced 
 among his most zealous personal and poUtical 
 friends, Mr. William P. Van Ness with whom Mr. 
 Van Buren was a student. But true to his own 
 principles and the spirit of his party, he gave his 
 vigorous and unhesitating support to Mr. Lewis, at 
 the hazard of a temporary estrangement from se- 
 veral valued friends, who had hitherto also repre= 
 scnted the fcelhigs of the democracy. 
 
 In 1807, the antagonist candidates for the oftice 
 of Governor, were Morgan Lewis and Daniel D. 
 Tompkins. The latter, as the candidate of the 
 democratic party and the most faithful organ of its 
 sentiments, received Mr. Van Buren's most zeal- 
 ous and decided support. He was elected by a 
 majority of 10S5 votes. In 1810, Mr. Tompkins 
 received from Mr. Van Buren a similar support. 
 Indeed the views of these two eminent politicians 
 appear to have been strikingly similar to each oth- 
 er on the leading political questions of that period. 
 
 In 1808, Mr. Van Buren was appointed Surro- 
 gate of Columbia county, and retained the office 
 until February, 1813 ; when his political opponents 
 having regained a temporary ascendency, he was 
 promptly removed. 
 
84 THE LIFE OF 
 
 As the election of Mr. Jefferson had called forth 
 the earliest exertions of Mr. Van Buren, his ad- 
 ministration received during its whole course, his 
 unremitting support. Never for a moment did he 
 waver or relax in his exertions. The democratic 
 principles which gave the first direction to his poli- 
 tical course, continued to be his steady rule of ac- 
 tion. In that gloomy period, when the threatening 
 aspect of our foreign relations, suspended com- 
 mercial intercourse and forbode ruin to the enter- 
 prize and industry of our country, he shrunk not 
 from the firm support of the firmest measures. The 
 non-intercourse act, the embargo and every effi- 
 cient measure of the administration for the security 
 of our national rights, received his hearty concur- 
 rence. In the forcible language of another ; — 
 " His support of the government was not merely 
 active but zealous ; nor was his the zeal of ordina- 
 ry men. It absorbed his whole soul ; it led to un- 
 tiring exertion ; it was exhibited on all occasions 
 and under all circumstances. Neither the con- 
 tumely of inflated wealth, nor the opposition of in- 
 vidious talent, nor the weekly revilings of a licen- 
 tious press, could awe it into silence or soften it to 
 moderation." 
 
 In the mean time, his political influence and re- 
 putation was rapidly extending beyond the county 
 of his residence. At a political meeting in Alba- 
 ny, in 1811, consisting principally of the republi- 
 can members of the Legislature, Mr. Van Buren 
 was present, and took a leading part. 
 
 At this period, the question of the renewal of the 
 
MARTIN VAN BUREN. 85 
 
 charter of the first Bank of the United States was 
 violently agitated. That charter expu'ed on the 
 4th of March 1811. On the 2d of March 1809, 
 Mr. Gallatin, then Secretary of the Treasury, 
 made a report upon the subject, concluding with 
 a proposition for the renewal of the Charter. On 
 the 20th of February 1811, after a protracted de- 
 bate, a vote was taken upon the main question in 
 the Senate of the United States, and the members 
 were equally divided. The venerable George 
 Clinton, then Vice President of the United States, 
 sealed the fate of the bill, by his casting vote against 
 it. This vote was in strict accordance with the 
 views of the democracy of the country. It was 
 warmly defended and justified by Mr. Van Buren. 
 When the prospect of the continuance of the 
 United States Bank disappeared, application 
 was made to the Legislature of New York, 
 by a powerful association, to charter a Bank 
 in the city of New York with a capital of six 
 millions of dollars, and to be called the Bank of 
 America. The petitioners supported their appli- 
 cation by propositions well calculated to appeal to 
 temporary and pecuniary interests : they offered a 
 bonus of four hundred thousand dollars, and a loan 
 of two millions on easy terms ; propositions which 
 were the more opportune, as the great system of 
 internal improvements in the state had already 
 been agitated. It is well known that those fathers 
 of democracy, George Clinton and Daniel D. 
 Tompkins, were opposed to banking incorpora- 
 tions of almost every kind. Mr. Van Buren coin- 
 8 
 
80 THE LIFE OP 
 
 cided with them in this sentiment, and it was 
 doubtless the general sentiment of the democracy 
 of the state. They regarded the Bank of Ameri- 
 ca as a substitute for the Bank of the United 
 States ; and the latter institution was never view- 
 ed with a friendly eye by the democratic party. 
 
 Mr. Van Buren took the strongest ground against 
 the proposed incorporation. 
 
 A convention of the republicans of the county 
 was held in reference to the measure, at which Mr. 
 Van Buren delivered a powerful speech against it, 
 as a proposition fraught with danger to the public 
 wxal. The convention adopted a scries of resolu- 
 tions, prepared by him, denouncing the scheme as 
 anti-republican and dangei'ous. 
 
 Such however w^as the influence exerted by the 
 applicants, by open, and as it was believed, by cor- 
 rupt, secret means, that in the spring of 1812, the 
 most serious indications a}:)pcarcd in the Legislature 
 of a disposition to grant the proposed charter. 
 
 In this emergency, Governor Tompkins, with a 
 degree of firmness which has few parallels in po- 
 litical liistory, prorogued the Legislature from 
 March 27th to the 21st of May. This energetic 
 measure received the support of Mr. Van Buren's 
 utmost influence and best talents. L^pon the re- 
 assembling of the Legislature in May, the act was 
 })assed in the Senate by a majority of three votes, 
 embracing the names of Edward P. I^ivingston and 
 Moritan Lewis, as w^ell as of otlier members of 
 iho (lemocratic party. It did not however become 
 
MARTIN VAN BUREN. 87 
 
 a law ; but owed its defeat to the firmness of the 
 Governor. 
 
 At this juncture, Mr. Van Buren was, for the 
 first time, a candidate for an elective office, having 
 been nominated as a Senator from the then Mid- 
 dle District. His opponent was Edward P. Li- 
 vingston, a gentleman of eminent worth and talent, 
 with powerful family friends, and strong political 
 connections. Circumstances had indeed placed 
 him, temporarily in a false position with respect to 
 the democracy of the district ; but he received the 
 warm support of many who had formerly been 
 distinguished in the republican ranks. Of this 
 number was William P. Van Ness, who had with- 
 drawn a few years previous from the city of New 
 York to his native county. 
 
 The opposition to Mr. Van Buren embraced the 
 entire federal party ; the former friends of Col. 
 Burr and Governor Lewis ; and the partizans of 
 the proposed Bank of America. 
 
 The contest was one of the most violent ever 
 known in the state, and resulted in the election of 
 Mr. Van Buren by a majority of less than two hun- 
 dred out of twenty thousand votes. 
 
 Thus, in the thirtieth year of his age, he was 
 placed in the highest branch of the Legislature of 
 his state ; and from this time forth he has con- 
 stantly appeared as a public man. 
 
CHAPTER VI. 
 
 Mr. Van Buren's course in the Senate of New York in 
 regard to the War and the support of De Witt Clin- 
 ton for the Presidency. Supports Tompkjinsfor Go- 
 vernor in 1813. His energetic support of the War. 
 
 Mr. Van Buren's legal term of service in the Sen- 
 ate of New York began on the 4th of July 1812. 
 His first actual entrance upon the duties of the office 
 was in the November following, at a special ses- 
 sion of the Legislature convened to choose presi- 
 dential electors. His course, at this period, has 
 been so fully described by a gentleman whose 
 means of information were complete, and whose 
 candor and integrity are beyond all question, that 
 the present writer would do injustice to the subject 
 of this memoir by omitting to adopt that gentle- 
 man's own words.* The extracts relate to the 
 course of Mr. Van Buren in regard to the nomi- 
 
 * Letter of Hon. Benjamin F. Butler to Hugh A Garland, Esq. 
 of Virginia, in March 1835. 
 
 8* 
 
90 THE LIFE OF 
 
 nation of De Witt Clinton for the Presidency and 
 his course in relation to the War. 
 
 " The Republican members of the Legislature of New 
 York, elected in the spring of 1811, resolved, during their 
 session in the spring of 1812, to meet in Convention, for 
 the purpose of nominating a candidate for the Presiden- 
 cy. Their numerical strength in the tVv'o Houses, was 
 nearly one hundred. Of this number, eighty-seven met in 
 Convention on the 29th of May, 1812, and unanimously 
 nominated Mr. Clinton ; who, on being informed of the 
 nomination, accepted it. Mr. Van Buren was not then a 
 member of the Legislature, nor was he in any way con- 
 nected Avith these proceedings. He, however, concurred 
 in the propriety of supporting 1 he nomination thus made 
 and accepted — and at the session of the Legislature, held 
 in November 1812, in conjunction with a majority of the 
 republican members of each branch, he took a decided 
 part in the support of Presidential electors, who were vo- 
 ted for as friendly to Mr. Clinton, and who ultimately 
 gave him the vote of the state. 
 
 " The Republican members of the Legislature of 181 1 
 — 12, who brought forward Mr. Clinton as a candidate, 
 had been themselves nominated and chosen, by the re- 
 publican electors of the several counties and districts, in 
 the manner usually adopted in "New York, and were con- 
 sidered the Representatives of the democracy of the 
 state. They and their constituents had sup]>orted the 
 Administration of Mr. Jefferson, and that also of Mr. Ma- 
 dison, in all the great questions of public policy connect- 
 ed with our foreign relations. The great mass of them, 
 so far from being opposed to belligerent measures against 
 Great Britain, were in favor of a more decided policy 
 than had been pursued towards her. 
 
 " In regard to Mr. Van Buren, this was peculiarly the 
 case. There was probably no person in the state, of his 
 own ago, who had given a more efficient support to the 
 measures of the General Government, during the whole 
 period of the restrictive system, than himself. His co- 
 temporaries of all parties, in the county of his residence, 
 might be applied to as witnesses, on this point. He was 
 an open and decided advocate of all the strong measures 
 proposed against Great Britain, during the session of 
 Congress of 1811 — 12, the Avar included. Having been 
 born and reared in the same town — having been, from Ju- 
 
MARTIN VAN BUREN. 91 
 
 ly 1812, until after the peace, an inmate of his family, I 
 am able to speak on this subject, from personal knowl- 
 edge. No man of character, acquainted with his course 
 and opinions in 1812, will venture to assert that he ever 
 expressed a doubt as to the justice of the Avar, or the ex- 
 pediency of engaging in it, at the time it was declared. 
 
 " In supporting the nomination of Mr. Clinton, Mr. 
 Van Buren consulted what he believed to be the wish- 
 es of the republicans of his state. His efforts, how- 
 ever, were confined to New York. With those made 
 by the friends of Mr. Clinton, in other states, he had 
 no concern. And though, in the choice of electors, 
 Mr. Clinton ultimately received the votes of the federal 
 members of the Legislature of New York, and was also 
 supported by that party in other states, Mr. Van Buren's 
 relations to it were entirely unaltered. The hostility to- 
 wards him, of the federalists as a party, in the county in 
 which he then resided, was as decided and as violent, dur- 
 ing the year 1S12, as it had been before, or was after- 
 wards. Indeed, it has never been withdrawn, nor sus- 
 pended, from the commencement of his political career to 
 ihe present day. Occasional exceptions miglit be made in 
 regard to individuals, but not enough to vary the general 
 result. 
 
 " Upon the whole, it is submitted to the judgment of 
 intelligent and candid men, that whether ihe support of 
 Mr. Clinton was right or wrong, there is nothing in the 
 mere fact of that support, under the circumstances stated, 
 to sustain the imputation of opposition to the war. 
 
 " Let me now give you a summary of Mr. Van Buren's 
 public course in the Legislature of New York, so far as it 
 bears upon this point. As has been stated, he took his 
 seat in the Senate ofNcAv York, in November, 1812. 
 
 " Until the adoption of the new constitution in 1821, 
 the Governor, instead of a message, delivered a speech 
 to the Legislature, at the opening of each session. An 
 answer Avas made to the speech, by each House, in which 
 the views of t!ie majority upon the prominent political 
 questions of the day, w^ere set forth, and thus made the 
 subject of discussion, before any legislative measures in 
 respect to them, were matured. Committees were ap- 
 pointed to prepare the answer, a majority of whom would, 
 it was supposed, be most able and willing to present faith- 
 ully the views of the minority of their respective houses, 
 and the strongest man of the minority was usually select- 
 ed to offer a substitute. Although this was Mr. Van Bu- 
 
92 THE LIFE OF 
 
 ren's first appearance in any legislative body, he being, 
 with perhaps a single exception, the youngest man that 
 had, up to that time, been elected to tlse Senate, he was 
 placed upon the commit tee, and prepared and reported the 
 answer to the Governor's speech. This answer was pub- 
 lished by his friends on the occasion referred to. It vindi- 
 cated the justice of the war, and urged a vigorous prosecu- 
 tion. This, you will observe, was at the very session at 
 which electors were chosen friendly to Mr. Clinton. 
 
 " At the ensuing session of the Legislature, which com- 
 menced in January 1813, the political relations previous- 
 ly existing between Mr. Clinton and Mr. Van Buren were 
 dissolved, and never again resumed. The disastrous re- 
 sults of the preceding year had then began to press heavily 
 on the country, and especially on the state of New York. 
 Her course in respect to the war, became therefore a mat- 
 ter of the first importance. Mr. Van Buren, from the 
 commencement of his legislative career, gave to all war 
 measures the most decided and vigorous support. Inde- 
 pendently of his speeches and votes on the floor of the 
 Senate, he took a leading part in the re-nomination of Go- 
 vernor Tompkins, and was appointed by the meeting to 
 prepare an address to the republican electors in support 
 of this nomination. In this paper he went at large into 
 the causes and grounds of the war, and vindicated, with 
 much force of reasoning, and with all the fervor of youth- 
 ful patriotism, the mdispensablc duty and high justice of 
 the measure. In the recent compilation of Mr. Emmons, 
 which you may have seen, yo i may find copious extracts 
 from this address. No man I think can read them without 
 a decided conviction of the writer's sincerity and zeal. 
 
 "In April, 1813, Governor Tompkins was re-elected ; but 
 the federalists obtained a majority in the house of Assembly. 
 During the next session of the Legislature, which com- 
 menced in January, 1814, Mr. Van Buren was again con- 
 spicuous during the war, and as the popular branch was 
 in the liands of the opposition, the course of the Senate be- 
 came doubly important. He assisted in carrying through 
 the Senate several measures intended to aid the General 
 Government in the prosecution of the war, which were re- 
 jected by the other house, and in the public conferences to 
 which these differences between the two houses led, was 
 one of the principal speakers on the part of the senate. — 
 At the special session of the Legislature of New York, 
 held in September 1814, his elforts, though not more 
 zealous, were more efficient and useful — the democratic 
 
MARTIN VAN BTTRRN. 93 
 
 party having hi the mean time regained llieir asoendcncy 
 in the Assembly. This session had been convened by 
 Executive proclamation, in consequence of the new char- 
 acter which had been given to the war during the year, 
 and of the exposed condition of the state. The answer of 
 the Senate to the speech of the Governor, again prepared 
 by him as chairman of the committee, and which you 
 will also find in the compilation of Mr. Emmons, re- 
 affirmed the justice of the contest on our part, adverted to 
 the eventful nature of the crisis, its dangers, and its du- 
 ties, and pledged to the state and Union, the active co- 
 operation of the Senate. I think, on perusing it, you will 
 agree that it was in keeping with the character and exi- 
 gency of the times. 
 
 *' During this special session, Mr. Van Euren matured, 
 brought forward and defended in debate, several war 
 measures of the strongest character. Of these, the most 
 prominent was ' An act to authorize the raising of troops 
 for the defence of the state,' Avhich passed both houses, 
 and being approved by the Governor, became a law on the 
 2J:tli of October 1814. It authorized the Governor to 
 place at the disposal of the General Government, 12,000 
 men for two years, to be raised by suitable classifications 
 of the militia of the state ; but with such improvements 
 in its details as to avoid many of the inequalities and other 
 objectionable features of the former system of militia 
 drafts. This law has been truly characterized by Col. 
 Benton, in his late letter to the committee of the Missis- 
 sippi Convention, ' as the most energetic w^ar measure 
 ever adopted in this country.' In the Legislature, it en- 
 countered the most strenuous opposition, which was con- 
 tinued after the adjournment of that body, and until the 
 restoration of peace. A copy of it was, soon after its in- 
 troduction, delivered to Mr. Monroe, then Secretary of 
 War, and it would seem to have suggested to that gentle- 
 man some portion of the plan submitted by him to Con- 
 gress, in his report of the J5th of October 1814. 
 
 " At the ensuing session of the Legislature, which com- 
 menced in January 1815, Mr. Van Burcn again took the 
 lead in support of the war ; and was actually engaged, as 
 chairman of a committee, appointed on his motion, to 
 consider whether any additional provisions w^ere necessa- 
 ry to carry the classification law, into immediate and suc- 
 cessful operation, in the deliberations of that committee, 
 
94 THE LIFE OF 
 
 when the news of peace was received at the seat of go- 
 vernment.' " 
 
 In the above extract it is stated that Mr. Van 
 Buren supported the re-election of Governor Tomp- 
 kins in 1813. He was chairman of the commit- 
 tee which made the nomination, and the following 
 extracts are from an address to the republican 
 electors, written by him and adopted by the con- 
 vention. 
 
 "Fellow Citizens — It is not to the arbitrary man- 
 dates of despotic power, that your submission is demand- 
 ed; it is not to the seductive wiles and artful blandish- 
 ments of the corrupt minions of aristocracy, that your 
 attention is called — but to an expression and discussion 
 of the wishes and feelings of your representatives. 
 
 " You are invited to listen Avith calmness and impar- 
 tiality, to the sentiments and opinions of men who claim 
 no right superior to yours, — who claim no authority to 
 address you save that of custom ; who w^ould scorn to 
 obtain the coincidence of your opinion by force or strata- 
 gem, ^nd who seek no influence wdth you, except that 
 vrhich arises from conscious rectitude, from a community 
 ' f hopes and fears, of right and of interests. 
 
 " In making this appeal, which is sanctioned by usage, 
 and the necessity of whicli is rendered imperious by the 
 situation of our common country, we feel it to be our 
 duty, as it is our wish, to speak to you in the language 
 which alone becomes freemen to use — the language to 
 which alone it becomes freemen to listen — tlie lansuaarc 
 
 * The original draft of the Classification Law, in the hand- 
 writinii; of Mr. Van Buren, is still on file in the office o the Clerk 
 of the Senate of New York, with the following am nd'nent, also 
 in the handwriting 6f Mr. Van Buren : 
 
 '• The original Classification Bill, to he preserved as r memento 
 of the patriotism, intelligence and firmness of the Legislature of 
 1S11_15 
 
 M. V. B. Albany, Feb. 15, 1S15." 
 
MARTIN VAN BUREN. 95 
 
 of iruth and sincerity ; — to speak to yon of iliinj;s as they 
 are and as they should be, — to speak to you with unre- 
 strained freedom, of your rights and your duties, — and if 
 by so doing we shall be so fortunate as to convince you 
 of the correctness of the opinions v/e hold ; to communi- 
 cate to you the anxious solicitude we feel for our country 
 and its rights ; to turn your attention from the minor con- 
 siderations which have hitherto divided, distracted, and 
 disgraced the American people, and to direct it exclusive- 
 ly to the contemplation and support of your national honor 
 and national interests, oitrjirst and only object will be 
 effected. 
 
 '• That tempest of passion and of lawless violence 
 Avhich has hitherto almost exclusively raged in the coun- 
 tries of the old world, which has ravaged the fairest portions 
 of the earth, and caused her sons to drink deep of the cup 
 of human misery — not satiated by the myriads of victims 
 which have been sacrificed at its shrine, has reached our 
 hitherto peaceful shores. After years of forbearance, in 
 despite of concessions Avithout number, and we had al- 
 most said, without limitation, that cruel and unrelenting 
 spirit of op})ression and injustice which has for centuries 
 characterized the spirit of the British cabinet, overwhelm- 
 ed nation after nation, and caused humanity to shed tears 
 of blood, has involved us in a war, — on the termination 
 of \vhich are staked the present honor, and the future 
 AveUare of America. 
 
 " While thus engaged in an arduous and interesting 
 struggle with the open enemies of our land from without, 
 the formation of your government requires that you should 
 exercise the elective franchise, — a right which in every 
 other country has been destroved by the ruthless baud of 
 povv^er, or blasted by the unhallowed touch of corruption ; 
 but which, by the blessings of a munificent Providence, has 
 as yet been preserved to you in its purity. 
 
 "The selection of your most important functionaries 
 is at hand. In a government like ours, where all power 
 and sovereignty rests with the people, the exercise of this 
 right, and the consequent expression of public interest 
 and public feeling, is on ordinary occasions, a matter of 
 deep concern, but at a period like the present, of vital 
 importance ; — to satisfy you of that importance, and lo 
 advise you in its exercise, is the object of this address. 
 
 " Fellow Citizens — Your country is at war, and Great 
 Britain is her enemy. Indulge us in a brief examination 
 of the causes which have led to it ; and brief as from tH*» 
 
96 THE LIFE OF 
 
 necessary limits of an address it must be, — we yet hope 
 it will be found sufficient to convince every honest man, 
 
 of THE HIGH JUSTICE AND INDISPENSABLE NECESSITY OF THE 
 ATTITUDE, WHI(;n OUR GOVERNMENT HAS TAKEN ; OF THE 
 SACRED DUTY OF EVERY REAL AMERICAN TO SUPPORT IT IN 
 THAT ATTITUDE, AND OF THE PiiRRICIDAL VIEV\\S OF THOSE WHO 
 REFUSE TO DO SO." 
 
 The address then gives a rapid and eloquent 
 summary of the causes of the war, and alludes to 
 the re-enactment, by the British government, of 
 the orders in council ; after which it proceeds : — 
 
 " The American people — a people rich in resources, 
 possessed of a high sense of national honor, the only free 
 ])eople on earth — had resolved in the face of an observ- 
 ing world, that those orders icnre a direct attnck upon 
 their sovereignty ; that a submission to them incohed a 
 surrender of their independence — and a solemn deter- 
 mination to adhere to them, was officially declared by the 
 ruler of the British nation. Thus situated, what was your 
 government to do ? Was there room for doubt or hesitation 
 as to the hostile views of P^ugland r' No. Lest such doubts 
 might prevent a rupture, to acts of violent injustice were 
 continually added acts of the most (tpjjrobrious insult. 
 While the formal relations of amity remained yetuubrol{- 
 en — while peace was yet supposed to cxi;ii — in cool blood 
 an unprovoked attack is made upon one of your national 
 ships, and several American citizens basely and coward'y 
 murdered. At the moment your feelings were at the 
 highest pitch of irritation in consequence of the perfidi- 
 ous disavowal of Firskine's agreement, a minister is sent, 
 not to minister to your rights — not to extenuate the con- 
 duct of his predecessor — but to beard your Executive — 
 to add insiilt to injury ; and to Jlini^ contumely and i-e- 
 proadi in the face of the Executive of the Amei-ican na- 
 tion^ in tlie presence of the American people. 
 t ^' To cap the climax of her iniquity ; to (ill up the meas- 
 ure of our wrongs \ she resolved lo persist in another meas- 
 ure, surpassed by none in flagrant enormity — a measure, 
 which of itself was adequate cause of war-^a measure 
 which had excited the liveliest solicitude, and received 
 the unreiiiiltiiia atfeution of r\v\\ adiniinstraf i<»ii of our 
 
MARTIN VAN BUREN. 97 
 
 government, from the time of Washington to the present 
 day ; the wicked, the odious and detestable practice of 
 impressing American seamen into her service ; of en- 
 tombing our sons w^ithin the walls of her ships of war ; 
 compelling them to waste their lives, and spill their blood 
 in the service of a foreign government — a practice which 
 subjected every American tar, to the violence and petty 
 tyranny of a British midshipman, and many of them to 
 a life of the most galling servitude — a practice Avhich 
 never can be submitted to by a nation professing claims 
 to freedom ; which can never be acquiesced in by gov- 
 ernment without rescinding the great article of our safety, 
 the reciprocity of obedience and j^rotection between the 
 rulers and the ruled. 
 
 " Under such accumulated circumstances of insult and 
 ofinjury^ we ask again, what was your government to do? 
 We put the question not ' to that faction which misrep- 
 resents the government to the people, and the people to 
 the government ; traduces one half the nation to cajole 
 the other — and by keeping up distrust and division, wishes 
 to become the proud arbiter of the fortune and fate of 
 America,' — not to them, but to every sound head and hon- 
 est heart in the nation it is that we put the question, — 
 what was your government to do ? Was she basely and 
 ingloriously to abandon the rights for which you and your 
 fathers fought and bled ? Was she so early to cower to 
 the nation which had sought to strangle us in our infancy, 
 and which has never ceased to retard our approach to 
 manhood ? No : we will not lor a moment doubt, that 
 every man who is in truth and fact an American, will say 
 that WAR, AND WAR ALONE, was our only refuge 
 from national degradation^ — our only course to nation- 
 al prosperity. 
 
 '• Fellow Citizens — Throughout the whole period of the 
 political struggles, which if they have not absolutely dis- 
 graced, have certainly not exalted our character, no re- 
 mark was more common — no expectation more cheerfully 
 indulged in — than that those severe and malevolent 
 contentions would only be sustained in time of peace ; 
 that when the country should be involved in Avar, every 
 wish, and every sentiment would be exclusively Ameri- 
 can. But unfortunately for our country, those reasonable 
 expectations have not been realized, notwithstanding every 
 one knows, that the power of declaring war, and the duty 
 of supporting it, belong to the General Government ; not- 
 withstanding that the constitutional remedy for the remo- 
 9 
 
98 THE LIFE OF 
 
 val of the men to whom this power is thus delegated, 
 has recently been afforded j notwithstanding the re-elec- 
 tion of the same President by whom this war was com- 
 menced, and a majority of representatives, whose esti- 
 mate of our rights, and whose views are similar to those 
 who first declared it ; men, who by the provisions of the 
 constitution, must retain their respective stations for a 
 period of such duration, as precludes a continued opposi- 
 tion of their measures without a complete destruction of 
 our national interest — an opposition at once unceasing 
 and malignant, is still continued, to every measure of the 
 administration. 
 
 " Fellow Citizens, these things will not do. They are 
 intrinsically wrong; your country has engaged ma war 
 in the last degree unavoidable j it is not waged to the 
 destruction of the rights of others; but in defence of our 
 own ; it is, therefore, your bounden duty to support her. 
 You should lay down the character of partizans, and be-, 
 come patriots ; for, in every country, 'war becomes an 
 occasional duty, though it ought never to be made an oc- 
 cupation. Everyman should become a soldier in defence 
 of his rights ; no man ought to continue a soldier for of- 
 fending the rights of others.' In despite of truths so 
 self-evident, of incentives to a vigorous support of gov- 
 ernment so pressing, we yet have to deplore the existence 
 of a faction in the bosom of our land, whose persever- 
 ance and industry are exceeded only by their inveteracy ; 
 who seek through every avenue to mislead your judgment 
 and to inflame your passions. 
 
 " When your government pursues a pacific policy, it be- 
 comes the object of their scorn and derision ; the want of 
 energy in your rulers is decried, as a matter of alarming 
 consideration; the injuries of your country are admitted, 
 and the fact is triumphantly alleged that ' the adminis- 
 tration cannot be kicked into a war.' When they are im- 
 pelled to a forcible vindication of our rights, the cry of 
 enmity to peace, of a wish to war with England to serve 
 France, is immediately resounded through the land. 
 When war is declared, public opinion is sought to be pre- 
 judiced against the measure, as evincing a disposition un- 
 necessarily to shed your blood, and waste your treasures. 
 When it is discovered, that that declaration is accompa- 
 nied with a proposition, a just and equitable proposition, 
 to the enemy, on which hostilities may cease and peace 
 be restored, that proposition is derided as evidence of the 
 most disgraceful pusillanimity. No falsehood is consid- 
 
MARTIN VAN BUREN. 99 
 
 ered too glaring, no misrepresentalion too flagitious, to im- 
 pose on your credulity, and seduce your afiections from 
 your native land. 
 
 " Lest general allegations might fail to effect their unho- 
 ly purposes, and consummate their dark designs, specific 
 charges are resorted to — calumnies which have again and 
 again met the detestation of an enlightened public, are 
 periodically brought forward, new dressed, and with new 
 authorities to give them credence with you. Among the 
 most prominent of those charges, is that of enmity to 
 commerce, on the part of the republican administrations. 
 Never was there a calumny more wicked. Enmity to 
 comnTerce ! We ask, and we ask emphatically, where 
 is the evidence of it ? What is the basis on which they 
 rest their claim to public confidence ? It is that the admin- 
 istration is engaged in a war which they claim to be un- 
 popular, What are the causes for which this war is wa- 
 ged, and which have hitherto embroiled us with the na- 
 tions of Europe ? They are the violation of our com- 
 mercial rights, a7id the impressment of our seamen ! 
 The administration then, are jeopardising their interest 
 with the people ; they furnish weapons of offence to their 
 adversaries ; they brave all dangers, for the maintenance 
 and support of our commercial rights ; and yet they are 
 the enemies of commerce ! Can such base sophistry, 
 such contemptible nonsense, impose on the credulity, or 
 pervert the understanding of a single honest man ? 
 
 " Suffer yourselves not to be deceived by the pretence, 
 that because Great Britain has been forced by her sub- 
 jects to make a qualified repeal of her orders, our govern- 
 ment ought to abandon her ground. That ground was ta- 
 ken to resist two great and crying grievances, the de- 
 structio7i of our commerce, and the impressment of our 
 SEAMEN. The latter is the most important, in proportion 
 as we prefer the liberty and lives of our citizens to their 
 property. Distrust, therefore, the man who could advise 
 your government at any time, and more especially, at this 
 time, — when your brave sailors are exciting the admira- 
 tion, and forcing the res])ect of an ast6nished world, when 
 their deeds of heroic valor make old Ocean smile at the 
 humiliation of her ancient tyrant — at such a time, we say 
 again, mark the man who would countenance government 
 in COMMUTING OUR SAILORS' RIGHTS FOR 
 THE SAFETY OF OUR MERCHANTS' GOODS. 
 
 " Next to the cry for peace, the most potent spell which 
 has been resorted to, to alarm your fears and pervert your 
 
100 THE LIFE OF 
 
 understandings — is the alleged distresses of the country. 
 Fellow-citizens, it has been our object, it is our wish to 
 treat you fairly, to appeal to your judgments, not to your 
 passions ; and as we hope our address to you hitherto has 
 been marked by that character — it is to your consciences 
 then that we appeal upon this subject. Is not this clamor 
 most unfounded, most ungrateful? If you doubt that it 
 is so, if you hesitate to believe that it originates exclusive- 
 ly with the ambitious and designing — spend one moment 
 in comparing your situation with that of the major part of 
 the civilized world. 
 
 '"'■ Felloio-citizens — should those political witlings, who 
 are not only ignorant themselves of the leading points of 
 controversy in our disputes with the belligerents, but who 
 are uniformly assailing you as men destitute at once of 
 spirit and of judgment — should they point to the wars 
 which agitate and have convulsed Europe, as arguments 
 against the prosecution of that just and necessary one 
 which has been forced upon us, we know that you will 
 indignantly repel the unfounded suggestion. The wars 
 of Europe are waged by monarchs, to gratify their indi- 
 vidual malice, their individual caprice, and to satiate 
 their lawless ambition. Ours is in defence of rights 
 which must be defended, or our glory as a nation will be 
 extinguished — the sun of our greatness will set forever.^ — 
 As well might it have been said during the revolution, 
 that war should not be waged, because wars had desolat- 
 ed Europe. The same rights you then fought to obtain^ 
 youmustnow Jight to preserve — the contest is the same 
 now as it was then — and the feelings which then agita- 
 ted the public mind, which on the one hand supported, 
 and on the other sought to destroy, the liberties of the 
 country, will be seen and felt in the conduct of the men 
 of this day. 
 
 " Fellow-citizens — vje arc compelled to close this ap- 
 peal to you. The litnits of an address will not permit us 
 to do justice to the various subjects which should occupy 
 your attention. We are aware that this has been already 
 unreasonably extended ; but the period has arrived when 
 mere words and idle declarations must be unavailing. — 
 We have, therefore, felt it our duty to give you, as far as 
 practicable, a clear view of your true situation, of your le- 
 gitimate duties. Unfortunately for us, when we ought to 
 be an united, we are a divided people. The divisions 
 which agitate us are not as to men only, but to principle. 
 You will be called on at the next election, to choose be- 
 
MARTIN VAN BUREN. 101 
 
 Iween different candidates, not only for the two great offi- 
 ces of state, Governor and Lieutenant governor, but for ev- 
 ery other elective office — to make a selection v^^hich the ac- 
 tual situation of your country renders of infinite impor- 
 tance. 
 
 " We are divided between the supporters and opposers 
 of our government. We have witnessed the distressing 
 truih, that it is not in the power of circumstances to de- 
 stroy the virulence of party spirit. The opposition offer 
 for your support, men, who, whatever their private wishes 
 may be, are devoted to the support of a party whose views 
 and whose conduct we have attempted to delineate. In 
 opposition to them, we respectfully solicit your support 
 for the men whose nomination accompanies this address, 
 one of whom* has for six years served you in the capa- 
 city which we now offer him ; the otherf has for many 
 years served you in the most responsible situations. The 
 notoriety of their merit supersedes the necessity of our 
 eulogium — their lives are their best encomiums ; they are 
 the true friends of commerce ; their views are, and their 
 conduct will be, in unison with the measures of the Gener- 
 al Government ; they are the sincere friends of an honor- 
 able peace, the firm and energetic opposers of a base sur- 
 render of our rights. 
 
 " We respectfully solicit for them your undivided sup- 
 port. We solemnly conjure every real friend to his coun- 
 try, to reflect on the danger of abandoning his government 
 at a period so perilous ; to reflect on the impropriety of 
 even indirectly aiding the views of our enemies by con- 
 tinuing his opposition to government at a period so event- 
 ful. 
 
 " We solicit the honest men of all jpariies — to remem- 
 ber that ours is the last republic — that all the influence of 
 the crowned heads of Europe has been exerted to propa- 
 gate the doctrine, that a government like ours can never 
 stand the rude shock of war ; to reflect that this is the 
 first occasion in which this government has been engaged 
 in a war, and that the great and interesting questions, 
 whether man is capable of self-government, whether our 
 republic must go the way of its predecessors, or whether, 
 supported by the hearts and arms of her free citizens, she 
 
 * Daniel D. Tompkins, t John Taylor. 
 
 9* 
 
102 THE LIFE OB^ 
 
 shall deride the revilings, and defeat the machinations of 
 her enemies, are 7io'w to be tried, 
 
 " F^ellow-citizens — In the result of our elections during 
 the continuance of this war, these important considera- 
 tions are involved, — the question of wiio is for his coun- 
 try OR AGAINST HIS COUNTRY, must now be tried — the eyes 
 of Europe are directed towards us — the efficacy of your 
 mild and wholesome form of government is put to the test. 
 To the polls, then, and by a united and vigorous support 
 of the candidates we submit to you, discharge the great 
 duty you owe to your country, preserve for your posterity 
 the rich inheritance which has been left you by your an- 
 cestors, — that future ages may triumphantly point to the 
 course you pursued on this interesting occasion, as evi- 
 dence that time had not yet extinguished that spirit which 
 actuated the heroes of Breedshill and of Yorktown ; of 
 those who fell at Camden, and of those who conquered on 
 the plains of Saratoga^ 
 
 The following answer of the Senate to the speech 
 of the Governor at the extra session of the Legis- 
 lature in 1814, is from the pen of Mr. Van Buren. 
 During this session he was chairman of the com- 
 mittee of Ways and Means. 
 
 " To his Excellency, D. D. Tompkins, Governov of New York. 
 
 " Sir — The Senate, at the close of their last session, in- 
 dulged, in common with their fellow-citizens, the pleas- 
 ing expectation, that before this period the blessings of 
 peace upon just and honorable terms would have been re- 
 stored to their country. They have thus far been disap- 
 pointed ; and although the mission to which they looked 
 for its accomplishment has not yet terminated, the delay 
 which has taken place in the commencement of negocia- 
 lions, and the spirit of increased hostility manifested by 
 the enemy in the prosecution of the war, combine to for- 
 bid any confident reliance upon the disposition professed 
 by him in the communication which led to that mission. 
 
 " If, in the result, it shall appear, that in these profes- 
 sions he was originally insincere ; or that, influenced by 
 after circumstances, he delayed the negociations proposed 
 by himself, until he should have exerted against us the ad- 
 
MARTIN VAN BUREN. 103 
 
 ilitional means of annoyance which recent occurrences m 
 Europe had placed at his disposal — the world will not 
 hesitate, in either case, to pronounce upon his conduct the 
 sentence of strong and indignant reprobation. 
 
 " The world have already seen, and they cannot but 
 have seen with astonishment, that when ambassadors for 
 peace, invited by himself, had already crossed the ocean, 
 he has given a new and peculiar character to the contest, 
 a character of violence and outrage, not only incompatible 
 with the feelings of reconciliation, but, in the highest de- 
 gree disgraceful to civilized nations, and repugnant to the 
 established rules of legitimate warfare. 
 
 " Whether this conduct has proceeded from ancient ani- 
 mosities now seeking their gratification, in the infliction 
 of injuries upon those who once defied and foiled his pow- 
 er — whether from a desire of finding employment for 
 troops whom it was not thought prudent to disband at 
 home — whether from hostility to our civil institutions, 
 and the vain hope of subverting the fair fabric which by 
 the wisdom, the virtue, and the valor of our fathers, has 
 been reared and secured to us — or from a calculation that 
 by carrying his arms into the heart of the country, and 
 marking his course Avith desolation and ruin, he could 
 make an impression on the government which should 
 avail him in the proposed negociations, or on the people 
 which should be remembered to his advantage in any 
 question which should hereafter arise between the na- 
 tions — whatever may have been his motives, or whatever 
 his expectations, the Senate cannot but exult in common 
 with your excellency and the country, that thus far ' we 
 have sustained the shock with firmness and gathered lau- 
 rels from the strife.' 
 
 "Although he has succeeded in penetrating to the ca- 
 pitol, his momentary triumph, disgraced as it was by the 
 destruction of public edifices and the subsequent plunder 
 of a defenceless city, has before this time been embittered 
 by the reflection, that by the conflagration of those monu- 
 ments of art which public spirit and munificence had 
 erected, and which were consecrated by the name of their 
 illustrious founder, he has kindled a flame of patriotism 
 which pervades every section of the union, which has al- 
 ready lit the way to his severe discomfiture, and which 
 threatens his complete annihilation, at every assailable 
 point of the Union to which his ambition or his resent- 
 ment may lead him. 
 
 " The Senate have witnessed with the same admira- 
 
104 THE LIFE OP 
 
 tion, evinced by your ex<;ellency, the brilliant achieve- 
 ments of our army and navy during the present campaign 
 — achievements, which, in their immediate effects, have 
 been so highly and extensively beneficial to our frontier 
 citizens — achievements which have pierced the gloom, 
 that for a season obscured our political horizon and dis- 
 pelled those fearful forebodings which past disasters had 
 excited — exploits which will not suffer in a comparison 
 with the most heroic efforts of the veterans of the old 
 world, which have fully maintained if not enhanced the 
 proud and enviable fame of our gallant seamen — exploits 
 which have covered the actors in those bright scenes with 
 never fading laurels, and which will, until public grati- 
 tude ceases to be a public virtue, call for the highest tes- 
 timonials which a free people can yield to freemen — un- 
 ceasing reverence for the memories of those Avho have 
 died on the field of honor, and acts of unceasing gratitude 
 to their heroic survivors. 
 
 " The Senate have seen with great satisfaction, the 
 prompt and efficacious measures adopted by your excellen- 
 cy to avert the dangers which threatened the state ; and 
 believing as they do, that whatever executive authority 
 may have been exercised, for which no legislative provis- 
 ion existed, has not only been intended for the promotion 
 of the public good, but was rendered indispensable by the 
 pressure of existing circumstances ; they cannot doubt 
 that the measures to which your excellency has referred, 
 will be found to deserve their approbation and support. 
 
 " The Senate cannot forego the opportunity afforded 
 them, of uniting with your excellency, in an expression of 
 the high satisfaction with which they have witnessed the 
 unanimity and patriotism displayed by all classes of the 
 community in the present crisis, and the disposition which 
 they have manifested to combine their efforts for the main- 
 tenance of national honor and common safety. 
 
 " That on questions of general policy, or the fitness of 
 individuals for particular stations, we should ever be ex- 
 empted from differences of opinion is not to be expected. — 
 Divisions like those are inseparable from the blessings of 
 our free constitution ; and although sometimes carried to 
 an excess which all good men must deplore, they are, 
 notwithstanding, generally productive of much national 
 good. But to suppose that a people jealous of their rights 
 and proud of their national character, would on a question 
 of resistino' the aggressions of an open enemy — aggres- 
 sions which have polluted our soil, and which threaten the 
 
MARTIN VAN BUREN. 105 
 
 subversion of those inestimable political institutions which 
 have been consecrated to freedom by the blood and sufler- 
 ings of their fathers — that on a question of such vital in- 
 terest, so well calculated to excite all the patriotism, to 
 arouse all the spirit, and to call into action all the ener- 
 gies of the nation, they would waste their strength in use- 
 less collision with each other — Avould be a reflection upon 
 their discernment and their character, which they can 
 never merit. 
 
 " The various other subjects submitted by your excel- 
 lency to the Legislature, will receive from the Senate that 
 prompt attention to which their importance entitles them. 
 
 " The important interest which the state of Ncav York 
 has in the successful termination of the controversy in 
 which we are involved, and the high destiny to which her 
 local situation, the extent and variety of her resources, 
 and the valor and patriotism of her citizens, aided by a 
 just and liberal policy, may advance her, have been duly 
 appreciated by your excellency. The Senate cheerfully 
 pledge their best exertions to realize those great and well 
 founded expectations ; and relying on the patriotism and 
 good sense of the American people, they confidently trust 
 that the rights and interests of the nation will be main- 
 tained, and that at no distant period the mild reign of 
 peace will be restored to our bleeding country." 
 
 The sessions of the Legislature m New York in 
 1813 and 1814, exhibited scenes of the greatest po- 
 litical violence. The federal party had a major- 
 ity in the house of Representatives, but the repub- 
 licans had the control in the Senate. Among the 
 most prominent members of the latter body were 
 Mr. Van Buren, Nathan Sanford, and Erastus 
 Root. Differing thus in their views of public poli- 
 cy, the two branches of the Legislature were often 
 in conflict with each other. Many public acts of 
 a patriotic character, which were passed by the 
 Senate, were rejected by the House. This led to 
 frequent conferences of committees from both bo- 
 dies. In these conferences the measures in dispute 
 
106 THE LIFE OF 
 
 were publicly discussed, and the discussion embra- 
 ced the general policy of the administration and 
 the expediency of the war. The exciting nature 
 of the questions thus debated, the solemnity of the 
 occasion, the discussions being conducted in the 
 presence of the two houses, and the briUiant tal- 
 ents of the parties to the controversy, drew vast 
 audiences, and presented a field for the display of 
 eloquence unsurpassed, in dignity and interest, by 
 the assemblies of ancient Greece. Mr. Van Bu- 
 ren was always the leading speaker on the part of 
 the Senate ; and by the vigor of his logic, his 
 acuteness and dexterity in debate, and the patri- 
 otic spirit of his sentiments, commanded great ap- 
 plause. A speech which he delivered on one of 
 those occasions was so replete with eloquence and 
 patriotic views, that a committee appointed by the 
 republicans of Albany, formally presented him the 
 thanks of the party and requested a copy for pub- 
 lication. This request could not be complied with 
 as the speech had been delivered entirely without 
 notes. 
 
 Mr. Van Buren's patriotic services during this 
 trying period, have been depicted with much truth 
 and spirit in the letter of Col. Benton, alluded to in 
 a former extract, from which the following passa- 
 ges are taken. In refuting the allegation that Mr. 
 Van Buren had rendered the republic little service. 
 Col. Benton says : 
 
 " Justice to him would require an answer to go further 
 back, — to the war of 1812, when he was a member of the 
 New York Senate ; when the fate of Mr. Madison's ad- 
 ministration, and of l]ie Union itself, depended upon the 
 
MARTIN VAN BUREN. 107 
 
 conduct of that great state — great in men and means, and 
 greater in position, a frontier to New England, and to 
 Canada — to British arms and Hartford Convention trea- 
 son ; and when that conduct, to the dismay of every pa- 
 triotic bosom, was seen to hang, for nearly two years, in 
 the doubtful scales of suspense. The federalists had the 
 majority in th^ house of Representatives ; the democracy 
 had the Senate and the Governor ; and for two successive 
 sessions no measure could be adopted in support of the 
 war. Every aid proposed by the Governor and Senate, 
 was rejected by the house of Representatives. Every state 
 paper issued by one, was answered by the other. Con- 
 tinual disagreements took place ; innumerable conferences 
 were had ; the hall of the house of Representatives was 
 the scene of contestation ; and every conference was a 
 public exhibition of parliamentary conflict — a public trial 
 of intellectual digladiation, in which each side, represent- 
 ed by committees of its ablest men, and in the presence 
 of both houses, and of assembled multitudes, exerted itself 
 to the utmost to justify itself, and to put the other in the 
 wrong, to operate upon public opinion, govern the im- 
 pending elections, and acquire the ascendency in the en- 
 suing Legislature. Mr. Van Buren, then a young man, 
 had just entered the Senate at the commencement of this 
 extraordinary struggle. He entered it, November 1812 ; 
 and had just distinguished himself in the opposition of 
 his county to the first national bank charter — in the sup- 
 port of Vice President Clinton for giving the casting vote 
 against it — and in his noble support of Governor Tomp- 
 kins, for his Roman energy in proroguing the General As- 
 sembly, (April 1812,) which could not otherwise be pre- 
 vented from receiving and embodying the transmigratory 
 soul of that defunct institution, and giving it a new exist- 
 ence, in a new place, under an altered name and modified 
 form. He was politically born out of this conflict, and 
 came into the Legislature against the bank, and for the 
 war. He was the man which the occasion required ; the 
 ready writer — prompt debater — ^judicious counsellor ; cour- 
 teous in manners — firm in purpose — inflexible in princi- 
 ples. He contrived the measures — brought forward the 
 bills and reports — delivered the speeches — and drew the 
 state papers, (especially the powerful address to the re- 
 publican voters of the state,) which eventually vanquish- 
 ed the federal party, turned the doubtful scales, and gave 
 the elections of April, 1814, to the friends and supporters 
 of Madison and the war ; an event, the intelligence of 
 
108 THE LIFE OF 
 
 which was received at Washington with an exultation on- 
 ly inferior to that with which was received the news of the 
 victory of New Orleans. The new Legislature, now demo- 
 cratic in both branches, Avas quickly convened by Governor 
 Tompkins ; and Mr. Van Buren had the honor to bring for- 
 ward, and carry through, amidst the applauses of patriots, 
 and the denunciation of the anti-Avar party, the most ener- 
 getic war measure ever adopted in our America-the classifi- 
 cation bill, as he called it, the conscription bill, as they 
 called it. By this bill, the provisions of which, by a new 
 and summary process, were so contrived as to act upon 
 property, as well as upon persons, an army of twelve 
 thousand state troops were immediately to be raised ; to 
 serve for two years, and to be placed at the disposition of 
 the General Government. The peace which was signed 
 in the last days of December 1814, rendered this great 
 measure of New York inoperative ; but its merit was ac- 
 knowledged by all patriots at the time ; the principle of 
 it was adopted by Mr. Madison's administration; recom- 
 mended by the Secretary at War, Mr. Monroe, to the Con- 
 gress of the United States, and found by that body too ener- 
 getic tobe passed. To complete his course in support of the 
 war, and to crown his meritorious labors to bring it to a hap- 
 py close, it became Mr. Van Buren's fortune to draw up the 
 vote of thanks of the greatest state of the Union, to the great- 
 est General which the war had produced — ' the thanks of the 
 New York legislature to Major General Jackson, his gal- 
 lant officers and troops^ for their wonderful, and heroic 
 victory, in defence of the grand emporium of the IVcst.^ 
 Such was the appropriate conclusion to his patriotic ser- 
 vices in support of the war : services, to be sure, not rival- 
 ling in splendor the heroic achievements of victorious arms ; 
 but services, nevertheless, both honorable, and meritorious 
 in their place ; and without which battles cannot be fought, 
 victories cannot be won, nor countries be saved. Martial 
 renown, it is true, he did not acquire, nor attempt ; but 
 the Avant of that fascination to his name can hardly be ob- 
 jected to him, in these days, when the political ascenden- 
 cy of military chieftains is so pathetically deplored, and 
 when the entire perils of the republic are supposed to be 
 compressed into the single danger of a military despotism." 
 
 The classification bill alluded to in the foregoing 
 extracts was the favorite measure of Mr. Van Bu- 
 
MARTIN VAN BUREN. 109 
 
 ren. A debate was continued during two days, 
 in the Senate, on the question whether troops 
 should be raised by voluntary enlistment or by 
 classification. Messrs. Root and Radchff were 
 the principal advocates of the former method : and 
 Messrs. Van Buren and Hubbard of the latter. — 
 On the 12th of October, the principle of classifi- 
 cation was adopted by a vote of twenty to eight. 
 On the 14th of October, the bill finally passed, and 
 provided for the raising of twelve thousand troops 
 for two years. 
 
 The principle of raising troops by classification 
 is said to have had its origin in New England, dur- 
 ing the war of the revolution. Its object is to 
 equalize the burden of military duty among all 
 classes of the community according to property. 
 
 10 
 
CHAPTER Vlf 
 
 Mr. Van Buren's defence of the Classification bill, h 
 appointed Attorney General of New York. — Gives an 
 efficient support to the project for the Erie and Cham- 
 plain Canals. 
 
 After the passage of the classification bill by 
 the Legislature, it met with great opposition from 
 Chancellor Kent in the Council of revision. On 
 the 21st of October he delivered an opinion, em- 
 bracing five objections to the bill, which were for- 
 tified by his usual ingenuity and learning. The 
 opinion of the Chancellor was over-ruled by the 
 other members of the council, but his objections 
 found their way into the public prints, and coming 
 from so respectable a source, were seized upon by 
 political partizans, as a means of impairing public 
 confidence in the validity of the laws and in the dis- 
 cretion of those who enacted them. 
 
 Col. Samuel Young, who was at that time speak- 
 er of the house of Representatives in the New York 
 Legislature, and had been the most prominent sup- 
 
112 THE LIFE OF 
 
 porter of this measure in that body, addressed a 
 series of letters to the Chancellor in the public 
 prints, in which he defended the measures of the 
 democratic party, and the classification bill in par- 
 ticular, with signal eloquence and ability. The 
 letters were signed Juris Consultus. They were 
 replied to by the Chancellor himself, under the 
 signature of Amicus Curiae. At this point Mr. 
 Van Buren entered into the controversy, and 
 replied to the strictures ot the Chancellor under 
 the signature of Amicus Juris Coiisultus. He first 
 took a general view of several topics connected 
 with the controversy, and, in conclusion, minutely 
 reviewed the several objections raised by the Chan- 
 cellor in the Council of revision, and as Amicus 
 Curiae. The controversy, involving questions of 
 constitutional law of the greatest magnitude, as 
 well as the most exciting political questions, at- 
 tracted great attention and drew forth the fullest 
 display of learning and ability on both sides. By 
 some of Mr. Van Burcn's friends, it was deemed 
 rashness, on his part, to enter the lists against such 
 a veteran in jDolitics and one so profoundly learned 
 in constitutional law as Chancellor Kent. The 
 result, however, showed that they had not suffi- 
 ciently appreciated his powers. His papers ex- 
 hibited great ability and research, and he so clear- 
 ly demonstrated both the policy and constitution- 
 ality of the act, and so completely annihilated the 
 arguments of his adversary, that the latter with- 
 drew from the contest by the publication of a 
 " card:' 
 
MARTIN VAN BUREN. 113 
 
 The learning and talent displayed in this con- 
 troversy, contributed greatly to his elevation to the 
 office of Attorney General of the state, which ap- 
 pointment he received in February 1815. He 
 was at that time thirty- two years of age. During 
 the same session, he was also appointed by the Le- 
 gislature, a regent of the University of New York. 
 
 In the spring of 1816, he was re-elected to the 
 Senate of the state for the further period of four 
 years. 
 
 The project of uniting the waters of the Hudson 
 with lake Erie and with lake Champlain, was a 
 leading subject of consideration in the Legislature 
 of New York, during the winter of 1816. For six 
 years previous, there had been a board of commis- 
 sioners to make examinations and surveys with a 
 view to this magnificent enterprize. During the 
 war, it had been impossible for them to prosecute 
 the objects of their appointment; but on the 8th of 
 March 1816, they laid their surveys and estimates 
 before the Legislature, accompanied by a report, 
 which recommended the adoption of" such prelim- 
 inary measures as might be necessary for the ac- 
 complishment of this important object." On the 
 21st of March, Mr. Jacob R. Van Rensselaer, from 
 a joint committee, made a report to the house of 
 Representatives, in favor of the immediate com- 
 mencement of both canals, and introduced a bill 
 for that purpose. On the 10th of April, Mr. Duer 
 proposed a substitute, merely authorizing surveys 
 and estimates ; but the bill, as finally adopted in 
 
 10^ 
 
114 THE LIB^E OF 
 
 the house on the 13th of April, authorized the im- 
 mediate commencement of a portion of the work. 
 
 On the 16th of April, this bill was taken up in 
 the Senate. But two days of the session remain- 
 ed. On motion of Mr. Van Buren, that portion 
 which authorized the immediate commencement 
 of the work was stricken out, and the bill was con- 
 fine d to the procurement of more accurate surveys 
 and estimates. In support of his motion, Mr. Van 
 Buren said it was evident to his mind, that the Le- 
 gislature did not possess sufficient information to 
 justify the immediate commencement of the work; 
 and fearing inconsiderate legislation might preju- 
 dice the measure, as a sincere friend to its success, 
 he believed a temporary postponement to be the 
 safest course. The amendment passed the Senate 
 by a vote of twenty to nine and was finally adopted 
 by the house. 
 
 On the 1 1th day of April, of the next subsequent 
 year, a bill for the commencement of this great 
 work finally passed the house of Representatives. 
 It was immediately taken up for consideration in 
 the Senate. It was strongly opposrd by some 
 gentlemen of great abilities, whose constituents 
 would probably be affected in their local interests, 
 and was sustained by Mr. Tibbets and Mr. Van 
 Buren. The speech of the latter is thus introduced 
 by the gentleman from whose report it is here 
 extracted.* 
 
 * Wm. L. Stoiic, Esq. Editor of the Commercial Advertiser in 
 New York, in the Appendix to Ilotjack's lifcof Clinton, p. 451. 
 
MARTIN VAN BUREN. 115 
 
 " This was Mr. Van Barents great speech of 
 the session, and it was indeed a masterly effort. 
 I took notes of the whole debate at the time, but 
 being then young in the business of reporting, and 
 this being the first time I had ever attempted to 
 follow Mr. Van Buren, whose utterance is too 
 rapid for an unpractised pen, and whose manner 
 was, on that occasion, too interesting to allow a 
 reporter to keep his eyes upon his paper, my efibrt 
 was little more than a failure." 
 
 "Mr. Van Buren said he must trespass upon the com- 
 mittee, while he stated the general consideration which 
 induced him to give his vote lor the bill. It was a subject 
 which had been so fully discussed, and upon which so 
 much had been said, that he should deem it arrogance to 
 enlarge. The calculations which had been made with 
 respect to the probable expense of the canal, and the ways 
 and means for raising funds, were fit subjects for consid- 
 eration. But to do this he deemed himself incompetent. 
 He must place great confidence upon the reports of the 
 commissioners upon these points. Mr. V. B. here took a 
 brief review of the measures adopted at the last session of 
 the Legislature, in relation to ihe canal, when a bill simi- 
 lar to the one now before the Senate, was under conside- 
 ration, and stated (he reasons why he voted against the bill 
 at that time. We then had no calculations made by the 
 commissioners so minute as at present. Under these con- 
 siderations, he conceived it his duty at the last session, 
 to move the rejection of the whole bill relating to the 
 commencement of the canal. It was done, and he had 
 the satisfaction to find that most gentlemen have since 
 united with him in his opinion. Now the scene is en- 
 tirely changed. We at that time passed a law appointing 
 new commissioners, and applying 20,000 dollars to enable 
 them to obtain all the information possible. We now 
 have the information, and we have arrived at the point, 
 when, if this bill do not pass, tho project must for many 
 years be abandoned. His convictions were, that it is for 
 the honor and interest of the state to commence the work 
 at once ; we are pledged by former measures to do it. Mr. 
 
116 THE LIFE OF 
 
 Van Buren here reviewed the proceedings of former legisla- 
 tures upon the subject, during the years 1810, 11, 12, and 
 14, when, in consequence of the war, the law appropria- 
 ting five millions for the canal, was repealed. He pro- 
 ceeded: — Since that period^, new commissioners have been 
 appointed, and new authority given, to examine the route 
 for the canal, and report at the present session of the Le- 
 gislature. A law authorising the commencement of the 
 work has passed the popular branch of the Legislature, and 
 unless we have the clearest convictions that the project is 
 impracticable, or the resources of our state insuflicient, 
 you must not recede fiom the measures already taken. 
 Are we satisfied upon these two points ? We have had 
 able, competent commissioners to report, and they have 
 laid a full statement before us ; we are bound to receive 
 these reports as correct evidence upon this subject. In 
 no part of the business have we looked to individual 
 states, or to the United States for assistance, other than 
 accidental or auxiliary. Mr. Van Buren here made some 
 calculations relative to the funds. Lay out of view, said 
 he, all the accidental resources, and the revenue from the 
 canal, and in completing the work you will only entail 
 upon the state a debt, the interest of which will amount 
 to but about 300,000 dollars. He then stated the amount 
 of real estate within the state now, and what it probably 
 would be, if the canal were completed. The tax would 
 not amount to more than one mill on the dollar, unless 
 the report of commissioners is a tissue of fraud or misrep- 
 resentation, this lax will be sufficient, and more than suf- 
 ficient, to complete the canal. V/e are now to say that 
 all our former proceedings have been insincere, or we 
 must go on with the work. The people in the districts 
 where we are first to make the canal, are willing and able 
 to be subjected to the expense of those sections. Mr. Van 
 Buren contended that the duties upon salt, and the auc- 
 tion duties, were a certain source of revenue, and that 
 these two sources of revenue would be abundant, and more 
 than abundant, forever to discharge the interest of the 
 debt to be created. Ought v/e, under such circumstances, 
 to reject tliis bill? No, sir; for one I am willing to'go to 
 the longth contemplated by the bill. The canal is to pro- 
 mote the interest und character of the slate in a thousand 
 ways. But we are told that the people cannot bear the 
 burden. Sir, f assume it as a fact, that the people have 
 already ronsenled toil. For six years we have been en- 
 gaged upon this business. Duriu:^'- this time our tables 
 
MARTIN VAN BUREN. ' 117 
 
 have groaned with the petitions of the people from every 
 section of our country in favor of it. And not a solitary 
 voice has been raised against it. Mr. V. B. said he had 
 seen with regret the divisions that have heretofore existed 
 upon this subject, apparently arising from hostility to the 
 commissioners. Last year the same bill, in effect, passed 
 the Assembly, the nnmediate representatives of the people; 
 and this year it has passed again. This was conclusive 
 evidence that the people have assented to it. Little can 
 be done by the commissioners, other than to make a loan, 
 before another session. The money cannot be lost — there 
 can be no loss at six per cent. We have now all the in- 
 formation we can wish — we must make up our minds 
 either to be expending large sums in legislation year after 
 year, or we must go on with the project. After so much 
 has been done and said upon the subject, it would be dis- 
 creditable to the state to abandon it. 
 
 " He considered it the most important vote he evergave 
 in his life — but the project, if executed, would raise the 
 state to the highest possible pitch of fame and grandeur. 
 He repeated that we were bound to consider that the peo- 
 ple have given their assent. Twelve thousand men of 
 wealth and respectability in the city of New York, last 
 year petitioned for the canalj and at all events, before the 
 operation would be commenced, the people, if opposed to 
 the measure, would have ample time to express their will 
 upon the subject." 
 
 The reporter adds: "When Mr. Van Buren 
 resumed his seat, Mr. Clinton who had been an 
 attentive listener in the Senate chaml:)er, breaking 
 through that reserve which political collisions had 
 created, approached him and expressed his thanks 
 for his exertions in the most flatterins^ terms." 
 
 It will be proper, here, to insert a brief descrip- 
 tion of Mr. Van Biiren's manner as a speaker, at 
 that period, sketched by the same able writer who 
 furnished the above report; the author of it will, 
 at least, be free from the charge of personal or 
 political partiality. 
 
118 THE LIFE OF 
 
 '' Mr. Van Buren is a very eloquent speaker; but llie 
 character of his eloquence is sui generis. We know of 
 none of the mighty masters of the persuasive art, whom 
 he has adopted for his model; and yet his manner is 
 graceful, and animated when occasion requires, or im- 
 passioned when engaged upon an inspiring theme. He 
 has a happy command of language, but his utterance is 
 too rapid. "His figure is small, and there is nothing pe- 
 culiar in his person, excepting the fine formation of his 
 head, which would aflbrd an admirable subject for a cran- 
 iologist. With manners affable and insinuating, he in- 
 spires his friends with the strongest attachment known to 
 political ties ; and though seif-educated,|his professional 
 knowledge is such as to have placed him in the front rank 
 at the bar, while his successful career in politics bears 
 ample testimony to talents of an elevated order, and a tact 
 in the management of men., and in the control of parties, 
 without a living parallel." 
 
 As the great scheme of internal improvements hi 
 New York, was thus indebted, in part, for its first 
 adoption, to his exertions, so, at every subsequent 
 period, it received his efficient support. To enu- 
 merate the various occasions upon which this sup- 
 port was exhibited would swell this portion of the 
 present narrative to an undue extent. It will 
 suffice to subjoin the following general statement 
 from the pen of the learned and amiable biogra- 
 pher of the illustrious Clinton. 
 
 " To the Hon. Cadwallader D. Golden, Martin Van 
 Buren, Jacob Rutsen Van Rensselaer, James Lynch, Pe- 
 ter A. Jay, William Ross, and William A. Duer, the 
 state owes a debt of gratidude for their patriotic exertions 
 in behalf of the canal." '^ * " The Hon. Martin Van 
 Buren and the other gentlemen just mentioned, were dis- 
 tinguished by their support of the legislative measures 
 then adopted. Those gentlemen, then members of the 
 Legislature, independently of their able, and in most instan- 
 ces, their uniform support of the canal policy, signali/ed 
 
MARTIN VAN BUREN. 119 
 
 themselves by very important services in rescuing the bill 
 from a state of jeopardy, even when it had been, to a cer- 
 tain degree, abandoned by its friends. By their personal 
 and almost miraculous exertions, it was resuscitated and 
 again restored to the approbation of the two houses of the 
 Legislature."* 
 
 * Hosack's Memoir of De Witt Clinton, pp, 105-7. 
 
CHAPTER VIII 
 
 Mr. Van Buren acquiesces in the first election of De 
 Witt Clinton^ as Governor. Opposes his re-election. 
 Is removed from the office of Attorney General. 
 Separates from Mr. Clinton and his political friends. 
 His tncomiwm upon Mr. Clinton''s character at a 
 meeting of the New York Congressional delegation in 
 Washington. 
 
 In March 1817, De Witt Clinton was nomina- 
 ted to the office of Governor of the state of New 
 York, by a repubUcan convention, in the place of 
 Daniel D. Tompkins, who had been elected Vice 
 President of the United States. Mr. Van Buren 
 acquiesced in this nomination, though it was con- 
 trary to his individual wishes and opinions. The 
 distinguished talents of Mr. Clinton and his recent 
 zealous efforts in promoting the great interests of 
 the state, had so far won the respect and confi- 
 dence of all parties, that there was comparatively 
 little opposition to his election. During the first 
 year of Mr. Clinton's administration, but little oc- 
 11 
 
122 THE LIFE OF 
 
 curred to disturb this singular coalition of opposite 
 political parties. But in the difficult task of 
 making his appointments, Governor Clinton gave 
 great often cc to the republicans who had yielded 
 him their support. This difficulty widened into 
 an open rupture; and a large majority of the re- 
 publican party, Mr. Van Buren among their num- 
 ber, withdrew their support from Mr. Clinton's 
 public measures and made preparation to oppose 
 his re-election. The participation of Mr, Van 
 Buren in this opposition, brought upon him the po- 
 htical vengeance of the council of appointment, 
 who were devoted to the wishes of Mr. Clinton. 
 Accordingly, in July 1819, he was removed from 
 the office of Attorney General ; the duties of which 
 he had discharged, with ability, for more than five 
 years. No other reason was assigned for this 
 measure than the opposition of Mr. Van Buren to 
 the Governor. 
 
 This violent act united the great mass of the 
 republican party in opposition to Governor Clin 
 ton and bound them more strongly than ever 
 to Mr. Van Buren. His long course of public ser- 
 vices were remembered, especially his zealous 
 support of the democratic cause during the gloomy 
 period of the war, and his honorable co-operation, 
 at a more recent period, with Mr. Clinton himself, 
 in the great work of internal navigation. Accord- 
 ingly, when the period of Mr. Clinton's public ser- 
 vice drew towards a close, the most strenuous 
 exertions were made by the rei)ublicans through- 
 out the state, to prevent his re-election. Mr. Van 
 
MARTIN VAN BUREN. 123 
 
 Buren naturally took the lead in their efforts ; and 
 Daniel D. Tompkins, emphatically the man of the 
 people, was prevailed upon to become the oppos- 
 ing candidate. Although Mr. Clinton's policy had 
 already assumed the strongest anti-democratic 
 character, yet the splendor of his abilities, his for- 
 mer public services, and his great personal weight 
 of character drew temporarily to his support, no 
 inconsiderable portion of the former democratic 
 party. The contest was close and animated, and 
 the result, for several days, was extremely doubt- 
 ful. Mr. Clinton finally succeeded by a majority 
 of 1457, out of 93,437 votes. This result suffi- 
 ciently indicated the great change in public opin- 
 ion, produced by the unexpected turn which he 
 gave to his administration. The whole number of 
 votes against him, on his former election, was but 
 twenty-two more than his present majority. 
 
 Both houses of the Legislature and the Council of 
 appointments, however, were decidedly demo- 
 cratic; and it was hence apparent that the rule 
 had passed out of federal hands. 
 
 A restoration to the office of Attorney General 
 was now tendered to Mr. Van Buren but was 
 declined by him. 
 
 The writer is persuaded that he shall but speak 
 the sentiments of Mr. Van Buren and all his polit- 
 ical friends, in bearing testimony, in this place, to 
 the learning, splendid talents and great pub- 
 lic services of De Witt Clinton. On many 
 public occasions, he gave expression to political 
 sentiments which indicated, in the words of his 
 
124 THE LIFE OF 
 
 biographer, " a living faith in man's capacity for 
 self-government and an unconquerable hostility to 
 arbitrary and illegal power, in vs^hatever shape it 
 might appear." The promulgation of these senti- 
 ments brought upon him the hostility of the feder- 
 alists, and v^^on for him the high respect of the 
 democratic party, who were disposed to transfer 
 to him, the reverence, confidence and affection 
 they had always entertained for his illustrious 
 uncle, George Clinton. But "these political prin- 
 ciples" as the biographer, before quoted, aptly 
 remarks, " though recognized by the great body of 
 our fellow citizens, are apt to be forgotten by our 
 public men when elevated to office." Mr. Clin- 
 ton's public course does not seem to have been so 
 steadily regulated by them, as to have retained 
 the confidence, the democracy were disposed to 
 place in him.* 
 
 By the current of events which we have thus 
 briefly related, Mr. Van Buren and Mr. Clinton 
 were arrayed against each other as the distin- 
 guished and able leaders of opposite political par- 
 ties. A most violent political contest ensued, and 
 was sustained for years with unabated energy on 
 both sides. To enter minutely into the history of 
 these conflicts would be an ungrateful task, and 
 
 * The Roman historian's remark, with respect to the Emperor 
 Galba, may be applied to Mr. Clinton: "major privato visus, 
 dum privatus fuit et omnium consensu capax Imperii, nisi impe- 
 rasset," Tacit, ffisUib. I cap. 49. 
 
MARTIN VAN BUREN. 125 
 
 would extend this portion of the present history 
 beyond its proper bounds. Besides, as the writer 
 was then a resident of the state of New York, and 
 not altogether a calm observer of the excitements 
 of the day, he is not sure that he sliould be able to 
 hold the pen of an impartial historian. It will 
 suffice to say, that during these conflicts. Governor 
 Clinton was twice driven into retirement and two 
 of his distinguished supporters. Chief Justice 
 Spencer and Judge Van Ness, both compelled to 
 retire from the bench of the Supreme Court ; and 
 on the other hand, Mr. Van Buren was twice re- 
 moved from office, and was pursued for many 
 years, with the most unrelenting party violence. 
 It is a point of bright relief in this dark picture, that 
 amid all the coHisions of party violence, the two 
 great antagonists retained their confidence in 
 the personal integrity of each other, and each ex- 
 pressed his respect for the private uprightness and 
 honesty of his rival. Such, at least, are said, on 
 the best authority, to have been the sentiments of 
 Governor Clinton, almost in the last moments of 
 his life ; and the following affecting and eloquent 
 testimony of Mr. Van Buren to the public services 
 and private worth of his illustrious competitor, is 
 publicly on record. At a meeting of the Senators 
 and Representatives in Congress, from the state 
 of New York, held at Washington, on the 19th of 
 February 1828, to express their feelings on the 
 sudden demise of Governor Clinton, Mr. Van Bu- 
 ren, then a member of the Senate, introduced some 
 11* 
 
126 THE LIFE OP 
 
 appropriate resolutions with the following re- 
 marks. 
 
 " Mr. Chairman — We have met to pay a tribute of re- 
 spect to the memory of our late Governor and distinguish- 
 ed fellow -citizen, De Witt Clinton. Some of our brethren 
 have been so kind as to ask me to prepare a suitable ex- 
 pression of our feelings; and I have, in pursuance of their 
 wishes, drawn up what has occurred to me as proper to 
 be said on the occasion. Before I submit it to the consid- 
 eration of the meeting, I beg to be indulged in a few brief 
 remarks. I can say nothing of the deceased, that is not 
 familiar to you all. To all, he was personally known, 
 and to many of us, intimately and familiarly, from our 
 earliest infancy. The high, order of his talenis, the untir- 
 ing zeal and great success with which those talents have, 
 through a series of years been devoted to the prosecution 
 of plans of great public utility, are also known to you all, 
 and by all, I am satisfied, duly appreciated. The subject 
 can derive no additional interest or importance from any 
 eulogy of mine. All other considerations out of view, 
 the single fact that the greatest public improvement of the 
 age in which we live, was commenced under the guid- 
 ance of his councils, and splendidly accomplished under 
 his immediate auspices, is of itself sufficient to fill the 
 ambition of any man, and to give glory to any name. 
 But, as has been justly said, his life, and character, and 
 conduct, have become the property of the historian; and 
 there is no reason to doubt that history will do him justice. 
 The triumph of his talents and patriotism, cannot fail to 
 become monuments of high and enduring fame. We can- 
 not, indeed, but remember, that in our public career, col- 
 lisions of opinion and action, at once extensive, earnest, 
 and enduring, have arisen between the deceased and many 
 of us. For myself, sir, it gives me a deep-felt, though 
 melancholy satisfaction, to know, and more so, to be con- 
 scious, that the deceased also felt and acknowledged, 
 that our political differences have been wholly free from 
 that most venomous and corroding of all poisons, personal 
 hatred. 
 
 " But in other respects it is now immaterial what was 
 the character of those collisions. — They have been turned 
 to nothing, and less than nothing, by the event we de- 
 plore, and I doubt not that we will, Avith one voice and 
 
MARTIN VAN BUREN. 127 
 
 one heart, yield to his memory the well deserved tribute 
 of our respect for his name, and our warmest gratitude 
 for his great and signal services. For myself, sir, so 
 strong, so sincere, and so engrossing is that feeling, that 
 I, who whilst living, never, no never, envied him any 
 thing, now that he has fallen, am greatly tempted to envy 
 him his grave with its honors. 
 
 " Of this, the most afflicting of all bereavements, that 
 has fallen on his Avretched and desponding family, what 
 shall I say? — Nothing. — Their grief is too sacred for de- 
 scription; justice can alone be done to it by those deep 
 and silent, but agonizing feelings, which on their account 
 pervade every bosom." 
 
 The resolutions, thus introduced, expressed, on 
 behalf of the meeting, " their deep and sincere sor- 
 row for a dispensation of Providence which had, 
 in the midst of his usefulness, cut oft* from the ser- 
 vice of that state whose proudest ornament he 
 was, — a great man, who had won and richly de- 
 served the reputation of a distinguished benefac- 
 tor." 
 
 The noble generosity of these sentiments, con- 
 sidering the source from whence they proceeded, 
 will be appreciated by^the reader. 
 
CHAPTER IX. 
 
 Mr. Van Bueen's support ofRufus King for Senator of 
 the U. S. His connection with the proceedings in Al- 
 bany, and in the Legislature of Neio York, in regard 
 to the Missouri question. 
 
 It may be proper to advert, in this place, to two 
 or three particulars in the public hfe of Mr. Van 
 Buren, which have been the subject of considera- 
 ble remark. The first of these is his support of 
 Rufus King for the office of Senator of the United 
 States. 
 
 In the winter of 1819, the legislature of New 
 York was divided into three distinct parties. As 
 has already been remarked, a large portion of the 
 democratic party had become dissatisfied with the 
 public measures of De Witt Clinton, then Govern- 
 or, and had seceded from the support of his ad- 
 ministration. These seceders, with Mr. Van 
 Buren at their head, formed one party in the Legis- 
 lature. A respectable portion of the old federal- 
 
130 THE LIFE OF 
 
 ists had also separated from the friends of Mr. 
 Clmton and constituted a second faction in the 
 Legislature. The friends of Clinton, embracing 
 both republicans and federalists, constituted the 
 third division. 
 
 On the 2d of February 1819, the strength of 
 these respective parties was developed in ballot- 
 ing for a Senator of the United States. John C. 
 Spencer, a near relative of Mr. Clinton and sup- 
 ported by his interest, had sixty-one votes. Sam- 
 uel Young, the candidate of the republican party 
 friendly to the national administration, received 
 fifty-six votes ; and Rufus King the federal candi- 
 date, w^ho was at that time the actual incumbent of 
 the office, received tliirty -eight votes. At several 
 successive ballotings, each party adhered to its 
 own candidate, and as neither had a majority of 
 the whole votes, no election was made during that 
 session. 
 
 The great personal worth of Mr. King, his pat- 
 riotic services as a member of the Convention 
 which framed the Federal Constitution, and sub- 
 sequently as Minister to England , from the last 
 year of General Washington's administration to 
 the third year of Mr. Jefferson's, and finally, his 
 zealous and honorable support of Governor Tomp- 
 kins and of the national administration, during the 
 most gloomy period of the war, had won for him 
 the high respect and confidence of the democratic 
 party. After the unsuccessful attempt to elect a 
 Senator in 1811), Col. Young declined being any 
 longer a candidate. The attention of his political 
 
MARTIN VAN BUREN. 131 
 
 friends was then directed to Mr. King, whom they 
 were strongly disposed to support, provided it 
 could be done without suspicion of an improper 
 coaHtion with his federal friends, and without haz- 
 arding the prospect of a democratic ascendency in 
 the legislature. 
 
 In December 1819, a pamphlet entitled " Con- 
 siderations in favor of the appointment of Rufus 
 King, to the Senate of the United States," was 
 addressed to the republican members of the Legis- 
 lature of New York, by " one of their colleagues." 
 It was understood to be from the pen of Mr. Van 
 Buren : and as it contains, not merely an exposi- 
 tion of the reasons for his support of Mr. King, 
 but also discriminating views of the federal party, 
 and a distinct expression of the great rule of ac- 
 tion which has guided his political life, to wit, a 
 scrupulous observance of the will of his constitu- 
 ents, — the following passages are extracted from 
 it. 
 
 " To the Republican members, of the Legislature of the 
 State of NeiD York. 
 
 "A fellow memberjjwho knows„ancl is personally known 
 to most of you, who has, from his infancy, taken a deep 
 interest in the honor and prosperity of the party to which 
 you belong, and who, if he has ever erred in his labors to 
 promote its best interests, has erred from defect of judg- 
 ment and not from a want of devotion to the cause, ven- 
 tures to address you on the subject of the choice of Sena- 
 tor to represent this state in the Legislature of the Union. 
 " The state of parties, the character and standing of the 
 most prominent candidate for your favor, the general as- 
 pect of political affairs, and a variety of concurring cir- 
 cumstances, render the subject one ol conceded delicacy, 
 and not entirely free from difficulty. 
 
132 THE LIFE OF 
 
 " It is, notwithstanding, one on which it will be our duty 
 soon to act ; and all experience demonstrates, that noth- 
 ing is so well calculated to lead to a judicious exercise of 
 power, as a free, frank, and unrestrained discussion of the 
 subjects of it ; and nothing, certainly, better comports 
 with the character, or is more congenial to the feelings of 
 freemen, than that those discussions should be attended 
 with all possible publicity. It is with those convictions, 
 and upon the impulse of such feelings, that this examina- 
 tion is undertaken. 
 
 "When this question was presented to the Legislature at 
 their last session, the names of several of our friends, 
 who are rich in the esteem and confidence of republicans, 
 were spoken of, and one was actually voted for to fill the 
 existing vacancy. It is satisfactorily ascertained that all 
 those gentlemen, for reasons which it is unnecessary here 
 to state, but which are of a nature reflecting upon them 
 the highest honor, which evince an entire devotion 
 to our cause, and entitle them to a continuance of our 
 best opinion, are unwilling to be regarded as candidates 
 for the station, and are desirous that our attention should 
 be directed to another quarter. 
 
 " In consequence of the general understanding, which 
 has obtained, as to the views of the gentlemen of whom 
 I have spoken, and from other causes, the only name 
 which has, for some time past, been held up to public 
 view, and occupied the public mind, as connected with 
 the subject, is that of RUFUS KING, — in whose favor 
 there has been, apparently, a spontaneous, and, certainly, 
 a very extensive expression of public sentiment. 
 
 " Having learned from experience, to place almost im- 
 plicit confidence in the general justice and ultimate wis- 
 dom of the predominant sentiments of the republican 
 party, I have felt it my duty scrupulously to observe 
 the indication of these sentiments on this interesting 
 subject ; and I am entirely satisfied that I am not mistaken 
 when I say, that the republicans of this state think and 
 feel that the support of Mr. King, at this time, would be 
 an act honorable to themselves, advantageous to the coun- 
 try, and just to him ; and that the only reluctance which 
 they have to a public avowal of their sentiments in his 
 favor, arises from the commendable apprehension that 
 their determination to support him, under existing circum- 
 stances, might subject them to the suspicion of having be- 
 come a party to a political bargain, to one of those sinis- 
 ter commutations of principle for power, which they think 
 
MARTIN VAN BUREN. 133 
 
 common with their adversaries, and against which they 
 have remonstrated with becoming spirit. 
 
 " I have no hesitation in declaring my sentiments to he 
 in unison with those which I believe generally to prevail 
 among the republicans of the state ; and I cannot but 
 avow my conviction that this apprehension, which evin- 
 ces an honorable solicitude to avoid even the imputation 
 of the errors of their opponents, is without adequate 
 cause, and can be fully obviated. 
 
 " Although the rule may, possibly, in some instances be 
 carried too far, it is certainly true, that the conduct of pub- 
 lic men, who were in active life, or in a situation to be 
 so, during the last war, has been, and will, unavoidably, 
 long continue to be the test of their claims to public con- 
 fidence and support. 
 
 "The federalists of that day may justly, and, by the his- 
 torian of the time, will probably be divided into three 
 classes ; the first, consisting of those who, influenced by 
 strong predilection for th'd enemy, and instigated by the 
 most envenomed malignity against the administration of 
 their own government, adopting " rule or ruin," for their 
 motto, exercised an industry and perseverance worthy of 
 a better cause, to paralyze the arms of their own govern- 
 ment, and encourage the hopes of the foe. 
 
 " The second class was composed of a very numerous 
 and respectable portion, who, inured to opposition, and 
 healed by collision, were poorly qualified to judge dis- 
 passionately of the measures of government ; who, deem- 
 ed the declaration of war impolitic in the then state of 
 the country, and were not as well satisfied^as subsequent re- 
 flection has rendered them, of its justice and indispensable 
 necessity ; who were deceived, too, by appearances, and 
 by the bold and confident denunciations of their leaders 
 of the first class, into a belief that their own government 
 was partial to France and averse to peace with Britain, 
 and who from the causes 1 have enumerated, aided by 
 that strong desire to supplant their political opponents, 
 which is common to all parties, were induced to make all 
 the opposition to government which they lawfully could, 
 within the pale of the constitution. 
 
 " In the third class, are included all those who, enter- 
 taining a correct sense of their country's rights, a lively 
 sensibility for her wrongs, and a suitable spirit to defend 
 the former, and redress the latter, rose superior to the pre- 
 judices and passions of those with whom they once act- 
 
 12 
 
134 THE LIFE OF 
 
 ed, and throwing down the weapons of party warfare, 
 enrolled themselves under the banners of their country. 
 
 " Those whom I have first designated, displayed their 
 principles, and gave earnest of their designs, by assisting' 
 at, or abetting, the ever memorable convention at Hart- 
 ford, and those preceding eflbrts of factious opposition, 
 which were connected with it. The rising indignation of 
 the American people, however, retarded the execution of 
 their designs until peace put an end to their prosecution. 
 Their labors led to the same results with those of their 
 prototypes of the revolution ; and as their motives were 
 less pure, and their conduct less excusable, they have 
 reaped a more abundant harvest of public obloquy and 
 disgrace. 
 
 "Many of those included in the second class, whatever 
 may have been the extent of their delusion at the moment, 
 and however strong the infatuation by which they were 
 blinded, would, at all times, have shrunk from the aban- 
 donment of the acknowledged interests of their country, 
 and have, subsequently, embraced every opportunity to 
 testify their devotion to the public interest. There is, 
 moreover, good reason to believe, that they will all, in 
 due season, be found to have embarked in the same cause 
 with the republicans of the state, and of the union. Nor 
 have we failed, and, 1 hope, we never shall fail, in be- 
 coming liberality of sentiment, towards that portion of 
 our fellow citizens, or in exercising that respectful defer- 
 ence for the freedom of opinion, which should ever char- 
 acterize the conduct of men, who, actuated by pure mo- 
 tives themselves, are sensible of " the safety with which 
 error of opinion may be tolerated when reason is left free 
 to combat it." 
 
 "As to the merits of that description of federalists, who 
 are embraced in the third class, there has not been, nor 
 can there ever be a diversity of opinion among us. If 
 we look back to that period which, a second time, ' tried 
 men's souls,' as the proudest of our lives, they also have 
 reason to exult in the recollection of the parts they re- 
 spectively acted in those interesting scenes. 
 
 " It is true, they have not the merit ot advising to the 
 commencement of the war, a war by which the fame, the 
 honor, the true mterests of our common country, have 
 been so much advanced ; but that circumstance alone 
 ought not to impair their claims to the respect and confi- 
 dence of their fellow citizens. 
 
MARTIN VAN BUREN. 135 
 
 " It was fully compensated by the alacrity with Avhich 
 they lent their aid to an administration which had so re- 
 cently been the object of their warmest opposition, the 
 moment they found the question to be beUveen their own 
 country and a foreign foe. They acted, as it had been 
 fondly hoped the Avhole American people would have act- 
 ed : nor were the administrations of the General and state 
 Governments, at the close of the war, backward in be- 
 stowing the proudest testimonials of their approbation 
 and respect, on those whose conduct had been thus meri- 
 torious. 
 
 " It is true, that, in so doing, they have in some instan- 
 ces been deceived and disappointed, in selecting, for high 
 public stations, men who have not that stamina of char- 
 acter they Avere supposed 10 possess ; but who, rendered 
 giddy by their sudden elevation, and forgetful of the sour- 
 ces of that power by which they ascended, will soon fall, 
 with the master spirit in whose legion they are enrolled, 
 * never to rise again.' 
 
 " These are circumstances, however, which can, at 
 most, produce a transient regret, for the folly and weak- 
 ness of these infatuated men. Such consequences are 
 not always to be avoided ; but they are susceptible of ea- 
 sy and prompt correction. They do not tend, in the least, 
 to impair the high credit which is justly due to the repub- 
 licans of the state and Union, for the course they adopted 
 in regard to the persons noAV in question. That course 
 had for its object, not the particular benefit of these indi- 
 viduals only ; but was meant to exemplify the general 
 justice of our policy to them, and to shew the rest of our 
 countrymen, that whilst we loudly and inexorably con- 
 demned the remissness of a portion of our fellow citizens, 
 m discharging the great duties they owed to their coun- 
 try, we dealt out justice with an even hand, and were as 
 ready to applaud as to condemn. 
 
 " There has been, however, one exception in this liber- 
 al policy, and it is an exception of no ordinary character. 
 It exists in the person of Rufus King. 
 
 "The dark cloud which overspread our political horizon, 
 in the fall of 1811, struck, with dismay and terror, some 
 of the firmest of our patriots. The disasters which had 
 befallen us, the diflicultics Avhich beset, and the dangers 
 which threatened our country from every quarter, have 
 made impressions too durable to be soon effaced. The 
 causes which jeopardize, and the exertions which pre- 
 serve the liberties of a nation, can never, while she is 
 
136 THE LIFE OF 
 
 worthy of their enjoyment, cease to be a subject of the 
 keenest solicitude, and most grateful recollection of her 
 sons. These memorable events will long continue to oc- 
 cupy the minds, and employ the pens, of our ablest and 
 best men. 
 
 "While enjoying a season of peace to which the na- 
 tions of Europe are slranrers ; while advancing in wealth, 
 population and grandeur, with a rapidity without a parallel 
 in the history of civilized man; while our individual 
 happiness and prosperity kept pace with that of our beloved 
 country, and all combined to render us the envy and ad- 
 miration of the world ; in those halcyon days, when we 
 knew war but by its distant echo, and the advantages our 
 country derived from the sanguinary conflicts of Europe, 
 we felt that our country was not only strong in its physical 
 force, but inexhaustible in its resources, and safe in the 
 patriotic devotion of all her citizens." 
 
 " The events of that memorable period awoke us, how- 
 ever, from those flattering dreams, and dissipated those 
 dangerous delusions. When we expected to have found 
 ourselves united, we were a divided people ; when the 
 exigencies of the country demanded all her resources, 
 both of men and money, her public cofiers were kept emp- 
 ty and her armies unrecruited, by the ruthless efforts of 
 faction. 
 
 is>";At this momentous crisis, which applied the touch- 
 stone to the hearts of men, when many of the stoutest 
 were appalled and the weak despaired of the republic, Mr. 
 King was neither idle nor dismayed. His love of country 
 dispelled his attachments to party. In terms of the 
 warmest solicitude and in strains of the most impassioned 
 eloquence, he remonstrated in his correspondence with 
 the leaders of the opposition in this state and in the east, 
 on the folly, the madness, and the mischief, of their 
 course ; he contributed largely of his means to the loans 
 to government ; — he infused confidence mto the despond- 
 ing, and labored to divest the timid of their fears ; — he 
 sought Governor Tompkins, to whom, from the warmth of 
 his devotion to his country's cause, and from the pleni- 
 tude of his responsibility rather than of his powers, every 
 eye was directed, and to him Mr. King communicated 
 the patriotic ardor with which he was himself animated. 
 
 " The purport and object of his interesting interview 
 with the Governor, is thus described by the latter : ' Ven- 
 era])le and patriotic citizens, such as Col. Rutgers, Col. 
 Willct, Gov. Wolcolt, Mr. King and others, animated 
 
MARTIN VAN BUREN. I37 
 
 me to iJie greatest eiTovts ; tlie latter gentleman, in an in- 
 terview with mo, was peculiarly impressive — he said 
 ' that the time had arrived when every good citizen was 
 bound to put his all at the requisition o? government — that 
 he was ready to do this ; that the people of the state of* 
 New York would and must hold me personally responsi- 
 ble for its safety.' I acquainted him with the difficulties 
 under which I had struggled for the two preceding years, 
 the various instances in which 1 had been already compel- 
 led to act without law or legislative indemnity, and urged, 
 that if I should once more exert myself to meet all the 
 emergencies and pecuniary difficulties with which we 
 were pressed, I must inevitably ruin myself. ' Well, sir, 
 (added he, with that enthusiasm which genius lends to 
 patriotism,) what is the ruin of an individual compared 
 with the safety of the republic ? If you are ruined, you 
 will have the consolation of enjoying the gratitude of 
 your fellow citizens ; but you must trust to the magnanimi- 
 ty and justice of your country, you must transcend the 
 law, you must save this city and state Irom the danger 
 with which they are menaced, you must ruin yourself if 
 it becomes necessary, and I pledge you my honor that I 
 will support you in whatever you do.' ' Having done all 
 in his power to induce to exertions at home, Mr. King re- 
 paired to his post in the Senate of the United States, and 
 in that body zealously supported the prominent measures 
 of the administration to sustain the country in the severe 
 struggle in which she was engaged. He embraced every 
 suitable opportunity to keep Governor Tompkins, (with 
 whom he maintained a regular correspondence,) advised 
 of every fact and circumstance which might be supposed 
 to have a bearing on the conduct of the Avar, its prosecu- 
 tion by the enemy, and the probability of its continuance 
 or termination. 
 
 " The advantages which resulted from the part which 
 Mr. King then took, were by no means inconsiderable ; it 
 served to encourage Governor Tompkins to persevere in 
 his exertions, exertions which redounded so much to the 
 honor of the state, and so essentially advanced the inter- 
 ests of the nation. It served to induce the corporation of 
 New York, and some of the banks, who were then in the 
 adverse interest, to comply with the requests of Governor 
 Tompkins, and make their respective loans to the gov- 
 ernment, on receiving his private responsibility, and pub- 
 lic securities, for their repayment. It served, moreover, 
 in some deg'ree to retard the unwearied efforts of the oppoei- 
 12^ 
 
138 THE LIFE OF 
 
 tion, by developing their motives, and bringing shame on 
 their measures. 
 
 " Such was the conduct of Mr. King, in the times of 
 which I have spoken, and such are his first claims on re- 
 publican confidence and support, I know nothing of the 
 republican character, nothing of the views and sentiments 
 of men, with whom I have been so closely allied, if a 
 consideration of the facts and circumstances I have detail- 
 ed, has not already led to a spontaneous and united wish 
 to support Mr. King for the Senate, if that support can be 
 given without subjecling them to the suspicions they so 
 justly deprecate. That it can, I hope to demonstrate ; 
 but before I do so, I must solicit a farther continuance of 
 your indulgence, whilst I respectfully submit to your con- 
 sideration, additional reasons why his appointment, at 
 this time, would be politic and just ; and whilst, too, I ob- 
 viate some of the objections which honest men may ap- 
 prehend, and which will, doubtless, be suggested by fac- 
 tion. 
 
 " His talents, his integrity, and fitness for the station, 
 are not questioned. There are, however, circumstances 
 in his life and character, so intimately connected with 
 this question, as to entitle them to particular consideration 
 and remark. 
 
 " The struggle which gave birth to our nation, must ev- 
 er be regarded as one of the most important and interest- 
 ing eras the world has ever Avitncssed. 
 
 " History records no event which called into action a 
 race of statesmen, equal in all the splendid virtues which 
 adorn and give celebrity to the human character ; and it 
 is a fact, honorable to our nature, that of the long list of 
 patriots and sages, who, at the hazard of all that was 
 dear to man, signed the Declaration of Independence, and 
 of those who framed the great charter of our liberties, 
 there has not been one who, in after life, has fallen from 
 the eminence to which, by his connection with those 
 events, he was raised ; or has in the least impaired the 
 character he thus acquired. Those whom the rava- 
 ges of time have yet spared to their country, are, every 
 where, honored and respected ; and those whose deaths 
 we deplore, who are now numbered with ' the spirits of 
 just men made perfect,' have descended to the tomb, ac- 
 companied by a Nation's tears, and blessed with a Na- 
 tion's gratitude. 
 
 " It is, certainly, true, that in the various contests for 
 power, which are past, revolutionary merit has not al- 
 
MARTIN VAN BUREN. 139 
 
 ways commanded that deference, and received that sup- 
 port, which might have heen reasonably expected, and 
 perhaps justly claimed. It is not my intention to call in 
 question the propriety of the course which has, at vari- 
 ous times, been pursued in regard to them. There, 
 doubtless, have been occasions when the preferences 
 which have been given to others, were both just and 
 
 E roper ; but it has always been a favorite sentiment of my 
 eart, that, all other things equal, the merit of which I 
 am speaking, ought to give a decided preference to its 
 possessor. 1 cannot but think that this sentiment is com- 
 mon to us all, and that the desire to testify our gratitude, 
 by availing ourselves of the experience and fidelity of 
 the men of the revolution, as far as it can be done with 
 safety and with honor, is as universal as it is just. 
 
 " Mr. King not only took an active part in the closing 
 scenes of the revolution, but he was a member of the 
 convention which framed the constitution of our General 
 Government, and one of the committee to whom the final 
 draft of it Avas referred. 
 
 " As early as the year 1796, Mr. King was appointed, 
 by General Washmgton, minister to the court of St. 
 James. He represented our government at that court 
 during the last year of that truly great and good man's 
 administration, and throughout that of Mr. Adams; and 
 such was his understanding of, and his attention to, the 
 great and leading interests of the country, that notwith- 
 standing the party violence of the times, he was continued 
 by the illustrious head and founder of our party, Mr. Jef- 
 ferson, for the first two years of his administration, and 
 until Mr. King solicited his own recall. With the excep- 
 tion of a single case, growing out of individual concerns, 
 and of limited operation, the merits of which are before 
 the public, and have been amply discussed, the great du- 
 ties of his station were discharged in a manner highly 
 satisfactory to all classes of his fellow citizens. I know 
 well the fears which existed in the minds of many honest 
 men in the country, that his long residence in England 
 had impressed him with undue partialities for that nation; 
 a belief which, doubtless, derived much force from the 
 mutual crimination and recrimination, of ' French influ- 
 ence,' and ' British influence,' common to the times, 
 and, in a great degree, springing from the overheated agi- 
 tations of party. I claim no exemption from their influ- 
 ence; but whatever may have been the feelings or preju- 
 dices of that early period, his recent and splendid exer- 
 
140 THE LIFE OF 
 
 lions in the Senate of tlic United States, to improve our 
 navigation laAvs, and to protect oar commercial rights and 
 interests, against the encroachments of the British gov- 
 ernment; the success which has attended those exertions; 
 the wisdom which was displayed in their adoption, and 
 the strong interest they have excited in Great Britain; the 
 patriotic course he pursued in our recent contest with 
 that power; the general tenor of his political conduct for 
 the last five years, and the fact, that he has secured, and 
 enjoys, the full confidence of the men who compose the 
 present adininistration of the general government, and 
 who have had the best possible opportunity to judge of 
 his motives and his conduct, and in whose integrity and 
 discernment we may safely repose; these, together with 
 other circumstances, have satisfied me, that the unfavora- 
 ble impressions which, in that respect, in common with 
 the great body of the republicans of the state, I have here- 
 tofore indulged against him, were unjust and unfounded, 
 and as such, I cheerfully dismiss them. 
 
 " The great advantage which would, probably, be de- 
 rived to the state and the Union, from the appointment of 
 a statesman, who, to splendid talents, adds such collateral 
 advantages, and whose views are in unison with those of 
 the General Government, must be obvious to you, and can- 
 not fail to receive at your hands, all the weight to which 
 they are so justly entitled. 
 
 " I have deplored the violence of party, and lamented 
 the injurious consequences which have resulted from its 
 indulgence. It is possible that I am not entirely free 
 from the infirmity I condemn, and I fear that what I am 
 about to state, may tend to impress that belief. I know, 
 however, of but one true course in such matters, and that 
 is, to avow, with frankness, sentiments which are enter- 
 tained with sincerity, and to trust to their justice for their 
 success." 
 
 The writer then proceeds to say that, if he had 
 not reason to believe Mr. King to be decidedly 
 with the repubhcan party, in their opposition to 
 Mr. Chnton, he should promptly and zealously 
 oppose his appointment; and that the want of clear 
 information on this point, and also with respect to 
 
MARTIN VAN BUREN. 141 
 
 the former election of Mr. King, had occasioned 
 some embarrassment in regard to his support, by 
 the democratic party, the preceding winter. He 
 then adds : 
 
 " Under these circumstances, we selected one of our 
 old and tried friends as the object of our support, and 
 thereby abstained from a course, as to which we had not 
 the necessary information to enable us to act with safety 
 to ourselves and justice to our constituents. 
 
 " The state of parties, too, rendered it reasonably cer- 
 tain, that without the acquiescence of our friends, there 
 would be no choice, and the situation of things admitted 
 of a continuance of the vacancy, without great public 
 piejudice, until the ensuing session. Thus an opportuni- 
 ty was afforded to the republican members, not only to 
 defer a final decision on the question until the wishes of 
 the people could be known on the subject, (at all times 
 an object of solicitude with them, a sentiment just and 
 proper in itself, and one which it is hoped they will al- 
 ways revere, notwithstanding the jeers of the political 
 upstarts of the day,) but also to wait for a subsequent 
 developement which would either confirm their doubts or 
 remove the cause of them." 
 
 " A few words more, on the only remaining subject 
 which I have proposed to examine, and I close an appeal 
 which has already been extended farther than was con- 
 templated, or may, perhaps, be proper. It is certainly 
 very extensively believed, that our legislative halls have 
 in repeated instances been made the theatres of the most 
 exceptionable and unprincipled political bargains and 
 coalitions; of coalitions in which men acted, not from the 
 honest dictates of their consciences and with a single eye 
 to the public interests, but from the unworthy motives of 
 personal aggrandizement, not only disconnected with the 
 public good, but in many instances in direct hostility 
 against it. It is equally true, that in proportion as those 
 charges have been credited abroad, the character of our 
 state has sunk in the estimation of our sister states. It is 
 not my intention, ai this time, to enter into an investiga- 
 tion of the truth of these charges. It will, doubtless, 
 soon become necessary to probe them, as well as other 
 transactions of a deeper cast, and still more injurious in 
 their effects upon our public character, to their inmost 
 
142 THE LIFE OF 
 
 recesses ; to separate the innocent from the guilty ; to 
 vindicate the great body of our citizens from the charge 
 of participating in the profligacy of the few, and to give 
 rest to that perturbed spirit whicii now haunts the scenes 
 of former moral and political debaucheries — to the end, 
 that this great and otherwise flourishing state, may no 
 longer be retarded in her march to that respectability and 
 influence, to which she is so eminently entitled. But of 
 this hereafter. 
 
 " It is, as I have already stated, apprehended by several 
 honest men, whose devotion to th^ republican cause, and 
 whose good opinion I hold in the highest regard, that the 
 support of Mr. King, at this time, might expose us to the 
 suspicion of being influence J in our determination; by the 
 single view of securing the co-operation of a sufficient 
 number of federal members to effect the various legislative 
 objects at the next session, for which parties generally, 
 as it is natural they should, feel considerable solicitude. 
 
 " This is the matter fairly and plainly stated. Now, 
 strong as my desire is that we should confer on Mr. King 
 our support ; sensible as I am of the tendency of such a 
 measure, to repel and to put to shame the volumes of ca- 
 lumny and scurrility which have been heaped on us, by 
 those who deceive themselves with the hopes of breaking 
 down the free spirit of a great party, and grateful as I 
 know it would be to the feelings of distinguished repub- 
 licans in our sister states, still, if I believed there was ade- 
 quate cause for such apprehensions, / would on that 
 ground forego its adoption. For it is not so important 
 that we succeed soon, as it is that, when we do so, we 
 proceed in a manner the most unexceptionable. But I 
 know well that those fears are groundless. 
 
 "Our party, in the first place, is not liable to suspicions 
 of this kind. We have throughout sustained a character 
 which has, and will continue, to exempt us from them. 
 We arc not a '■personal party. ^ We have no individu- 
 als amongst us, who claim and exercise the right ofstipu- 
 Jating for our acts, nothing is done for us, that is not done 
 by the will of the majority, and which is not well under- 
 stood to be in unison with the general sentiments, and 
 consonant to the wishes of the people. With a party so 
 organized, and thus acting, motives so justly deprecated 
 can seldom, if ever, operate, and, of course, the suspicion 
 of their existence is not likely to arise." 
 
MARTIN VAN BUREN. 14§J 
 
 Mr. King was elected at the following session 
 of the Legislature, (February 1820,) by the unan- 
 imous vote of the Senate, and with but three dis- 
 senting votes in the house of Representatives. It 
 will be seen by the extracts, here given, that the 
 support of Mr. King was j^ielded on grounds in 
 no w^ay connected with the questions which had 
 recently been agitated, with regard to the admis- 
 sion of Missouri into the Union. 
 
 There are few acts in the public life of any 
 statesman, more liberal and high-minded than Mr. 
 Van Buren's support of Mr. King ; yet few have 
 ever been assailed with greater violence and un- 
 fairness. But the utmost efforts of his political 
 opponents have never been able to attach the 
 slightest suspicion to his conduct, or to detect the 
 feeblest indication of indirect motives in the whole 
 transaction. No public or private document has 
 ever been adduced to show that the true reasons, 
 and the only reasons, for the course which was 
 taken by the republican members of the Legisla- 
 ture on that occasion, were not contained in the 
 pamphlet whose substance is above given. An 
 extract from what purports to have been a private 
 letter of Mr. Van Buren to a political friend, has 
 been laid before the public. Whether this extract 
 is authtenic or false is unknown to the present 
 writer. But as it is the only document, of any 
 kind, which either the public scrutiny or the pri- 
 vate treachery of the enemies of Mr. Van Buren 
 has been able to adduce, it is here subjoined, and 
 its consistency with the views above taken is left 
 
144 THE LIFE OF 
 
 without comment, to the judgment of the reader. 
 
 " I should sorely regret to find any flaggmg on 
 the subject of Mr. King. We are committed to 
 his support. It is both wise and honest ; and we 
 must have no fluttering in our course. Mr. King's 
 views towards us are honorable and correct. 
 The Missouri question conceals, so far as he is 
 concerned, no plot, and we shall give it a true di- 
 rection. You know what the feelings and views 
 of our friends were, when I saw you ; and you 
 know what we then concluded to do. My ' con- 
 siderations' (fee. and the aspect of the Albany 
 Argus, will shew you that we have entered on the 
 work in earnest. We cannot, therefore, look 
 back. Let us not, then, have any halting. I will 
 put my head on its propriety." 
 
 In the winter of 1819-20, a public meeting of 
 the citizens of Albany was convened to express 
 their opinions on the extension of slavery beyond 
 the Mississippi. Mr. Van Buren has been censur- 
 ed for the measures which resulted from this meet- 
 ing. His connection with the whole transaction 
 will therefore be briefly stated. He had no agen- 
 cy whatever, in commencing the original meeting 
 and did not attend it. The only step taken at that 
 meeting was, to appoint a committee to call a 
 more general convention of the citizens. His 
 name was placed on that committee in his absence, 
 and his permission was afterwards obtained to 
 retain it. When the large meeting was held, Mr. 
 Van Buren was absent from Albany on profes- 
 sional business. Sundry resolutions were adopt- 
 ed, and a further committee appointed to prepare 
 
MARTIN VAN BUREN, I45 
 
 a memorial to Congress. The memorial was im- 
 mediately reported to the meeting and adopted. 
 Mr. Van Buren's name had also been placed on 
 this latter committee, though he was not present ; 
 but on his return to the city, he declined signing 
 the memorial or co-operating with the committee 
 in transmitting it to Congress ; as he disapproved 
 of the sentiments contained in the resolutions. His 
 refusal called forth a letter from Mr. Jones, by 
 whose agency his name had been placed on the 
 committee. The following is a copy of that letter 
 together with Mr. Van Buren's reply. 
 
 " Albany, Jan. 19, 1820. 
 " To the Hon. M. Van Bur en: 
 
 " Sir : I am informed that you declined signing the 
 resolutions which were sent to Washington, upon the 
 subject of the Missouri Question, upon the ground that 
 you never authorized your name to be used as one of the 
 committee on that occasion. 
 
 " Before any steps were taken on the subject, I called 
 upon you myself to learn if you was willing to be one of 
 that committee. You replied not: that you was so much 
 occupied that you could not attend to it — I remarked that 
 there were enough to do the business, and that we only 
 wished for your name — in answer to which you observed, 
 that you had no objection to our making use of your 
 name. If you have forgotten this conversation, Mr. 
 Duer, who was present, will undoubtedly be able to re- 
 fresh your memory. I think that your refusal to sign 
 your name should have been grounded upon other reasons, 
 than want of authority to use it. 
 
 " You must be sensible, sir, that I care nothing about 
 this affair, any further, than that it places me in an un- 
 pleasant situation; and I presume, in justice to me, you 
 will retract the assertion, that you did not authorize the 
 use of your name. 
 
 " Respectfully yours, &c. 
 
 "HENRY T. JONES." 
 
 "P. S. I should call on you, but you are so occupied 
 that it is difficult to find you disengaged." 
 13 
 
146 THE LIFE OF 
 
 " Sir : You liad my permission to use my name as a 
 committee to call a liieetin^ of our citizens to express 
 their opinion on the Missouri (Question, and the propriety 
 of your doing so has not been questioned by me. You 
 surely cannot suppose that the use of my name for that 
 purpose, imposed on me an obligation to si^n whatever 
 memorial might be agreed upon by the meeting. Being 
 out of town Avhen it was held, and having no hand in for- 
 ming or adopting the memorial, I declined signing it. 
 My reasons for doing so, further than you are concerned 
 in calling the meeting, I presume it is not your intention 
 to inquire into. 
 
 "Yours respectfully, 
 
 "M. V. BUREN. 
 
 "Jan. 20th, 1820. 
 
 " Henry T. Jones, Esq." 
 
 This is an accurate account of Mr. Van Buren's 
 whole connection with the meeting in Albany, and 
 cannot in any particular be impugned. It will re- 
 quire no small degree of ingenuity to find, in his 
 part of the transaction, any ground of censure. 
 
 The attention of the Legislature of New York 
 was called to the question of admitting Missouri 
 into the Union, with the right to hold slaves, in the 
 message of Governor Clinton, at the opening of 
 the session, in January 1820. An expression of 
 their opinion was earnestly recommended. In 
 compliance with this recommendation, the house 
 of Representatives adopted a resolution, instruct- 
 ing their Senators and requesting the Representa- 
 tives of the state in Congress, " to oppose the ad- 
 mission, as a state in the Union, of any territory 
 not comprised within the original boundary of the 
 United States, without making^the prohibition of 
 slavery therein, an indispensable condition of ad- 
 mission." The Senate concurred in this resolu- 
 
MARTIN VAN BUREN. 147 
 
 tion without division or debate, and among them 
 Mr. Van Buren ; though it was not brought before 
 the Legislature by his agency. Still he must be 
 regarded as having concurred, at that time, in the 
 sentiment of the resolution thus adopted by the 
 Legislature. 
 
CHAPTER X. 
 
 Mr. Van Buren is elected a Senator of the United 
 Slates. His participation in the Convention to 
 amend the Constitution of New York. Speech on 
 vesting veto power in the Governor. On the length 
 of Governor's tenure of office. On prefixing a bill of 
 rights. Onthe Elective franchise. Vote on admit- 
 ting colored people to he electors. Speech on the ap- 
 pointment of Justices of the Peace. On the re-organ- 
 ization o/ the Supreme Court so as to eject the in- 
 cumbents. 
 
 On the Gth day of February, 1821, Mr. Van 
 Buren was appointed, by the Legislature of New 
 York, a member of the Senate of the United 
 States. In the house of Representatives he re- 
 ceived sixty-nine votes and Nathan Sanford fifty- 
 two ; in the Senate the majority for Mr. Van Bu- 
 ren was eight. The CHntonians, together with 
 the federahsts, voted for Mr. Sanford, an expres- 
 sion of their confidence for which, it is beheved, 
 that gentleman was not remarkably grateful. 
 13* 
 
150 THE LIFE OF 
 
 Before attending Mr. Van Buren to this dignifi- 
 ed theatre of action, it will he proper to examine 
 his exertions as a member of a public body in his 
 native state, charged with the most solemn and 
 responsible duties. This public body was a con- 
 vention to amend the Constitution of the state. 
 
 The constitution of the state of New York was 
 adopted in 1777, and received some amendment 
 in 1801. It was, however, disfigured by many 
 defects, especially with regard to the mode of ap- 
 pointing to office, the revision exercised by a Coun- 
 cil over the acts of the Legislature, and the limita- 
 tions imposed upon the right of suffrage. These 
 obnoxious provisions became so apparent, during 
 the party collisions which preceded the year 1821, 
 that the Legislature in its session that year, provi- 
 ded, by law, for the election of delegates to a con- 
 vention for the revision of the constitution. The 
 measure was warmly advocated by Mr. Van Bu- 
 ren, especially with reference to the extension of 
 the right of suffrage. 
 
 Accordingly, the convention was opened on the 
 28th day of August 1821. Mr. Van Buren, then 
 United States Senator elect, was, unexpectedly to 
 himself, returned as a member of the convention 
 by the republicans of Otsego County. The con- 
 vention was not limited, either in the nature or 
 extent of its amendments, which however were 
 only to become a part of the constitution, by the 
 subsequent assent of the people. 
 
 Public expectation was highly raised with re- 
 gard to the results of this convention, which em- 
 
MARTIN VAN BUREN, 151 
 
 braced «ome of the most venerable, distinguished, 
 and active men in the state. It appeared to be 
 their duty, almost to fix anew, the principles of 
 government for a free people. The magnitude of 
 the changes finally proposed even exceeded all 
 previous anticipation. The executive, judicial, 
 and legislative departments w^ere all remodelled ; 
 and the appointing and revisory pov^ers were pla- 
 ced in new hands. Several important miscellane- 
 ous alterations were made, and the right of suf- 
 frage very greatly extended. 
 
 During the discussions which resulted in these 
 amendments, all the great interests of a free peo- 
 ple passed under review ; the principles of gov- 
 ernment were largely debated ; the political his- 
 tory of the state was retraced, and the founda- 
 tions of its civil, religious, and social institutions 
 underwent examination. In short, the conven- 
 tion exercised the right which had been entrusted 
 to them by the sovereign people, of offering to 
 their acceptance a constitution which was to form 
 the basis of their government, and the great char- 
 ter of their rights and liberties. 
 
 The active agency of Mr. Van Buren in ori- 
 ginating this convention, avowedly for the exten- 
 sion of popular rights ; his conspicuous station, 
 as Senator elect of the United States ; his promi- 
 nence as the leader of a great party ; his high rep- 
 utation for profound legal knowledge ; his political 
 experience and information ; and the confidence 
 reposed in his integrity and talents, conspired to fix 
 
152 THE LIFE OF 
 
 public attention upon his conduct and to devolve 
 upon him a heavy responsibility. 
 
 It will be impossible to embody in the present 
 narrative, a complete account of his laborious ser- 
 vices in this convention, or, at asubsequent period, 
 in the Senate of the United States. The writer 
 will, therefore, aim to indicate his leading meas- 
 ures, and the part he took on all questions of im- 
 portance, subjoining such extracts from his speech- 
 es and propositions as seem to illustrate his views 
 of the general principles of political science, as 
 well as the reasons of his course in each impor- 
 tant matter. These extracts will enable the read- 
 er to form, an opinion of his discretion, candor and 
 usefulness, and of the manner in which he was ac- 
 customed to discuss questions of political impor- 
 tance. 
 
 They will, however, but imperfectly indicate 
 the real amount of his laborious participation in 
 the business of the convention. It will be im- 
 practicable to follow him through the tedious forms 
 and practical details, indispensable to the opera- 
 tions of any regularly organized deliberative body ; 
 nor is it possible to display his assiduous industry 
 thorough research, and indefatigable efforts in the 
 committee-room. He never detained the con- 
 vention with speaking except when compelled by 
 necessity, and although, in that enlightened as- 
 sembly, his experience in pubhc aftairs and his un- 
 rivalled political influence, gave him the foremost 
 rank, his conduct was rather distinguished for its 
 moderation, dignity and patriotism, than by any 
 
MARTIN VAN BUREN. 153 
 
 over-bearing exercise of the power conferred by 
 his favorable position. The proceedings of the 
 convention have been laid before the public in a 
 separate volume, and whoever refers to it, will 
 find the speeches of Mr. Van Buren to be among 
 the ablest it contains. The clearness and compre- 
 hensiveness displayed in his discussions of the 
 great principles of government; the soundness, 
 justice, and moderation of his views of the impor- 
 tant questions which arose in the convention, will 
 not fail to impress the reader with the most fa- 
 vorable opinion of his integrity and talent. 
 
 The business of the convention was brought 
 forward, by referring each important portion of 
 the constitution to a committee, with directions to 
 report the alterations and amendments it might 
 seem to them to require. That portion which re- 
 lated to " the power of appointment to office, and 
 the tenure thereof," was referred to a committee 
 of seven, of which Mr. Van Buren was chair- 
 man. 
 
 The first occasion upon which Mr. Van Buren 
 expressed his views, at length, in the convention, 
 was upon a report of the committee on the revi- 
 sory power, proposing to vest in the Governor, 
 tlie right to return a bill w^hich had passed both 
 houses, and requiring it to be re-passed, in each 
 house, by a majority of two thirds, before it should 
 become a law. The provision was nearly in the 
 words of that article of the constitution of the 
 United States, which confers upon the President 
 tlie veto power. The exercise of that power, by 
 
154 THE LIFE OF 
 
 the President of the United States, on two of 
 three occasions of great interest, during the last 
 six years, has turned public attention to an ex- 
 amination of its utility and the proper method of 
 its exercise. 
 
 The views of Mr. Van Buren on this impor- 
 tant question deserve, therefore, particular atten- 
 tion ; and the speech here subjoined, not only 
 fully explains these views, but embraces an able 
 discussion of some of the most important princi- 
 ples of government. 
 
 Mr. VanBurcn said : " I had flattered myself, Mr. Chair- 
 man, that the Convention would have adopted the reviso- 
 ry power proposed by the select committee, with the same 
 unanimity with which they determined, on Tuesday, to 
 expunge the third article of the constitution, and to sepa- 
 rate the judiciary from the Legislature. But in that ex- 
 pectation I have been disappointed. Notwithstanding 
 the unanimous recommendation of the select committee, 
 and the able manner in which it has been supported, a 
 powerful opposition to it appears to exist. A proposition 
 has been made by the gentleman from Dutchess (Mr. Li- 
 vingston) which, from the respectability of the source 
 from whence it emanates, tbe precedents on which it is 
 founded, and the talents and character enlisted in its sup- 
 port, is entitled to the highest consideration. I shall, 
 therefore, proceed to the discussion, with all the brevity 
 which the importance of the subject will admit, and all 
 the simplicity of whicli I am capable. 
 
 " In the course of that discussion, the first question for 
 our consideration, is, whether it is wise and proper that a 
 restriction of any kind should be placed upon the legisla- 
 tive power? Ou that subject it would seem that little 
 doubt could remain. That acheck of some kind is neces- 
 sary, is a principle that has received the sauction, and 
 been confirmed by the experience of ages. A large ma- 
 jority of the states in tiie Unio'i, in which, if the science 
 of government be not better understood, its first principles 
 are certainly more faithfully regarded than in any other 
 country, have provided restrictions of this sort. In the 
 
MARTIN VAN BUREN. I55 
 
 constitutions of the freest governments in Europe, the 
 same principle is adopted. It is conceded in both the pro- 
 positions before the committee. 
 
 " The one imposes the restriction by requiring two- 
 thirds of the Legislature to pass a bill which may have 
 been returned ; and the other, by requiring not only a ma- 
 jority of the members present, but a majority of all the 
 members elected. It would seem, therefore, that on the 
 general principle that a restriction is proper, we are all 
 agreed ; and the question arises, is the amendment pro- 
 posed by the gentleman from Dutchess more desirable, and 
 better adapted to perform the office intended, than the 
 proposition introduced by the committee ? To arrive at a 
 just conclusion on this subject, it will be necessary care- 
 iully to consider the design of such a check, and the ad- 
 vantages which are expected to result from it. Its object 
 is, first, to guard against hasty and improvident legisla- 
 tion : but more especially, to protect the executive and ju- 
 dicial departments from legislative encroachments. With 
 regard to the first of these objects — the prevention of has- 
 ty and improvident legislation — the system of every free 
 government proceeds on the assumption that checks, for 
 that purpose, are wise, salutary, and proper. Hence the 
 division of all legislative bodies into distinct branches, 
 each with an absolute negative upon the other. The tal- 
 ents, wisdom, and patriotism of the representatives could 
 be thrown into one branch, and the public money saved 
 by this procedure; still experience demonstrates thatsuch 
 a plan tends alike to the destruction of public liberty and 
 private rights. They adopted it in Pennsylvania, and it 
 is said to have received the approbation of the illustrious 
 Franklin 5 but they found that one branch only, led to 
 pernicious effects. The system endured but for a season ; 
 and the necessity of different branches of their gov^ern- 
 mcnt, to act as mutual checks upon each other, was per- 
 ceived, and the conviction was followed by an alteration 
 of their constitution. The first step, then, towards check- 
 ing the wild career of legislation, is the organization of 
 two branches of the Legislature. Composed of different 
 materials, they mutually watch over the proceedings of 
 each other. And having the benefit of separate discus- 
 sions, their measures receive a more thorough examina- 
 tion, which uniformly leads to more favorable results. — 
 But between these branches, as they are kindred bodies, 
 it might sometimes happen that the same feelings and pas- 
 sions would prevail — feelings and passions which might 
 
156 THE LIFE OF 
 
 lead to dangerous results. This rendered it necessary to 
 establish a third branch, to revise the proceedings of the 
 two. But as this revisory poAver has generally been pla- 
 ced in a small body, or a single hand, it is not vested with 
 an absolute, but merely with a qualified negative. And 
 our experience has proved that this third provision against 
 hasty and unadvised acts of the Legislature, has been sal- 
 utary and profitable. The people of this state have been 
 in the habit of looking at the proceedings of the Legisla- 
 ture thus constituted, and they have been accustomed to 
 this revisory power. Their objections have never been 
 that this revisory power existed, or that it was distinct 
 from the Legislature ; but they do complain that it is pla- 
 ced in improper hands ; in the hands of persons not di- 
 rectly responsible to the people, and whose duty forbids 
 all connection with the Legislature. I am one of those 
 who fully believe in the force and efficacy of that objec- 
 tion. 
 
 " The Council of revision was disposed of by tbe vote 
 of Tuesday, and I could have Avished that all further dis- 
 cussion on the subject of its merits or demerits had becD 
 dispensed' with ; but a different course has been pursued. 
 From the explanations of the chairman of the select com- 
 mittee, the public would infer that we voteti for the abo- 
 lition of the Council of revision from feelings of delicacy 
 and tenderness to the judiciary and to shield them from 
 unjust calumny. Sir, my vote was not given frcm any 
 such motive. I will not vote for the abolition of any arti- 
 cle of the constitution out of kindness to any individual. 
 I should be ashamed to have my vote go forth to my con- 
 stituents upon any such grounds. The Council of revis- 
 ion has not ansAvered the purposes for Avhich our fathers 
 intended it. This is the ground and motive upon Avhich 
 my vote was giv^en. I object to the Council, as being 
 composed of the judiciary, who are not directly responsi- 
 ble to the people. I object to it, because it inevitably con- 
 nects the judiciary — those who, with pure hearts, and 
 sound heads, should preside in the sanctuaries of justice, 
 with the intrigues and collisions of party strife; because 
 it tends to make our judges politicians, and because such 
 has been its practical effect. I am Avarranted by facts in 
 making this objection. If such had not been the case, I 
 should not have voted for expunging the third article of 
 the constitution. 
 
 " I highly esteem the honorable gentleman from Onei- 
 da, (Judge Piatt,) who yesterday thought it his duty to 
 
MARTIN VAN BUREN. 157 
 
 raise a discussion upon the merits of the Council. I re- 
 gret that he has done so. [Judge Piatt rose and stated, 
 that that part of the subject was distinctly introduced by 
 the gentleman from Dutchess, (Mr. Livingston) and that 
 he felt it his duty to reply. It was that gentleman who 
 had given this direction to the debate.] Mr. Van Buren. 
 I Avas not aware of that fact, but it in no sense changes 
 the character of what I feel it my duty to say. No man 
 on this floor is more averse to a discussion on that subject 
 than I am ; but since the example has been set I shall pro- 
 ceed. I respect the members of the Council of revision, 
 and for their sakes, this debate should never have been in- 
 troduced. It will become our duty to revise that part of 
 our constitution relating to the judiciary, and it is of vital 
 importance to its members, to preserve them free from 
 prejudice. 
 
 " Sir, have I not assumed the true ground which occa- 
 sioned the unanimous vote of Tuesday, for separating the 
 judiciary from the legislative department ? It needs but 
 a slight view to shew that the operations of the Council 
 have been such as I have stated. On this subject I will 
 only call the attention of the committee to two instances. 
 The first, is that to which the gentleman from Dutchess 
 yesterday adverted. I ask the convention for a moment to 
 recur to that lamentable occasion, when the high power 
 of prorogation was exercised by the executive, to check 
 the torrent of corruption, which had set in upon the Le- 
 gislature, and which proved the wisdom and necessity of 
 some constitutional check.* This proving ineffectual, 
 every eye was turned to the Council of revision, to arrest 
 the progress of the measure about to be adopted. What 
 was their course 'I The bill which had occasioned that 
 strong exercise of power, was passed by the Council, al- 
 thouo:h there were not wanting in that Council, men who 
 were alive to the interests and the honor of the state ; the 
 language of the majority was, that the bill upon its face, 
 contained no provision contrary to the constitution, and 
 that the Legislature were the judges of its expediency. 
 
 " Pursue the subject farther. The scenes Avhich pas- 
 sed within these walls, during the darkest period of the 
 
 * This allusion is to tho prorogation of the Legislature by Gov, 
 Tompkins in 1812, to prevent the incorporation of the Bank of 
 America. 
 
 14 
 
158 THE LIFE UF 
 
 late war, cannot be forgotten. It is weJl known that the 
 two branches of the Legislature were divided ; while in 
 the one house we were exerting ourselves to provide for 
 the defence of the country, the other house were prepar- 
 ing impeachments against the executive for appropriating 
 money without law, for the defence of the state. But the 
 effort was unavailing. An election intervened, and the 
 people, with honorable fidelity to the best interests of 
 their country, returned a Legislature ready and Avilling 
 to apply the public resources for the public defence. — 
 They did so. They passed a variety of acts, called for 
 by the exigencies of our country. But from the Council 
 oi' revision were fuhninaled objections to the passage of 
 those acts — objections which were industriously circulat- 
 ed throughout the state to foment the elements of faction. 
 Beyond all doubt, at that moment, was produced the sen- 
 timent which has led to the unanimous vote to abolish 
 the Council. The Legislature had exerted themselves in 
 the public defence ; and the object of these objections was 
 to impress the public mind with a belief that their repre- 
 sentatives were treading underfoot the laws and constitu- 
 tion of their country. The public voice on that occasion 
 was open and decided ; ancl it has ever since continued 
 to set in a current wide and deep against the Council. In 
 making these remarks, I disclaim all personal allusions to 
 the author of those objections. I entertain for him the 
 highest respect. As a judicial officer, he is entitled to 
 great consideration, and I should esteem bis loss from the 
 situation which he fills, as a public calamity. 
 
 " Mr. Van Buren again repeated bis regret that this 
 discussion had been called forth, as the constitution of 
 our judiciary is to be reviewed. But he could not con- 
 sent, in abolishing the Council, to shed tears over its ru- 
 ins, or pass an eulogy on its character. By doing this, 
 and by the course of some gentlemen's arguments, we are 
 mourning over our own acts, and preparing the public to 
 distrust our sincerity. We ourselves are undermining 
 what we ourselves have done. 
 
 " To return to the argument — That legislative bodies 
 are subject to passion, and sometimes to improper influ- 
 ence is not to be denied. Their acts are frequently so de- 
 trimental to the public interest, that the united voice of 
 the people, calls for their repeal — a striking proof, if proof 
 were necessary — that legislators are but men, subject to 
 all the infirmities and frailties of our nature. The cases 
 oiled by the gentleman from Dutchess, (Mr. Tallmadge) 
 
MARTIN VAN BURRN 159 
 
 nre strong- and directly in point. They show, that the re- 
 presentatives of the people do sometimes err. They show 
 also the necessity of preserving a controlling power. — 
 And what is the consequence of placing such a power, 
 upon the footing recommended, by the report of tjje com- 
 mittee ? It may suspend for a time the operations of tho 
 Legislature. It may prevent the passage of a bad law, 
 but never can defeat the passage of a good one. If a good 
 iaAV be returned with objections, it will come before the 
 people, they will pronounce upon it, and return represen- 
 tatives, who will insist upon its passage. If it be a bad 
 one, the revisory power Avill be justified ; delay, there- 
 fore, for the most part, will be the only consequence of the 
 check, and that will be followed, by all the benefits of 
 further discussion, and a fuller understanding of the sub- 
 ject. But the advantages of such a power, are not con- 
 fined to its exercise. I concur with my honorable friend 
 from Oneida, (Judge Piatt) as to its silent effect. The ad- 
 vantages arising from its silent and unseen operation, are 
 doubtless greater than those arising from an exercise of the 
 power. A bare majority is not always an indication of 
 honesty, or that a favorite measure is correct. Great 
 weight of character and powerful talents are often embo- 
 died in the minority. Many laAvs pass by a bare major- 
 ity ; but when there is a qualified negative upon the acts 
 of' the Legislature, the gentlemen of the majority, aware of 
 this power, may be restrained from passing many impro- 
 per bills. I have no doubt but considerations of this kind 
 have influenced the conduct of legislators for years past. 
 In every point of view, whether from our own experience, 
 or the experience of other states, Ave discover this liability 
 of legislators to act hastily and inconsiderately. The 
 judgments of most reflecting men unite in the expediency 
 of some check like that proposed by the committee ; and 
 when it can be productive of no other effect than to sus- 
 pend the passage of a bill, and thereby enable the people 
 to express their will upon the subject, it is to me, sir, mat- 
 ter of surprise, that so much hostility should be shewn to 
 the report of the committee. 
 
 " But, sir, the prevention of party legislation is not the 
 only, nor the most important reason, why we are dispos- 
 ed to give tins power to the executive. Our government 
 is divided intoseparate and distinct departments — the ex- 
 ecutive, judicial, and legislative. And it is indispensable 
 to the preservation of the system that each of these de- 
 partments should be preserved in its proper sphere from 
 
160 THE LIFE OF 
 
 the encroachments of the others. It is objected, however, to 
 vesting the power in the hands of a single individual, on 
 account of the liability of man to the abuse of power. 
 But an instance of the abuse of power thus confided, has 
 never existed, where it did not defeat the very object for 
 which it w^as abused. 
 
 " Distinct branches are not only necessasy to the exist- 
 ence of government, but when you have prescribed them, it 
 is necessary that you should make them in a great degree, 
 independent of each other. No government can be so 
 formed as to make them entirely separate ; but it has been 
 the study of the wisest and best men, to invent a plan, by 
 which they might be rendered as independent of each oth- 
 er as the nature of government w^ould admit. The legis- 
 lative department is by far the strongest, and is constant- 
 ly inclined to encroach upon the weaker branches of go- 
 vernment, and upon individual rights. This arises from 
 a variety of causes. In the first place, the powers of that 
 department are more extensive and undefinable than those 
 of any other, which gives its members an exalted idea of 
 their superiority. They are the representatives of the 
 people, from which circumstance, they think they possess, 
 and of right ought to possess, all the powers of the people. 
 This is natural and it is easy to imagine the consequen- 
 ces that may follow. 
 
 " This is not all — they hold the purse strings of the 
 state ; and every member of all the branches of the go- 
 vernment is dependent on them for his subsistence. You 
 have been told, and correctly told, that those Avho feed 
 men, and enjoy the privilege of dispensing the public 
 bounty, will in a greater or less degree influence and con- 
 trol them. Is it unreasonable, or improbable, to suppose, 
 that power, thus constituted, should have a tendency to 
 exert itself, for purposes not congenial with the true in- 
 terests of the other branches of government ? The gen- 
 tleman from Dutchess, (Mr. Tallmadge,) referred to some 
 striking illustrations of the conduct of legislative bodies, 
 in this particular, which show that power thus vested is 
 too frequently abused. The case of Pennsylvania is en- 
 titled to our serious consideration. In 1783 they provid- 
 ed a board of censors to examine into the proceedings of 
 their Legislature. Those censors, though some of them 
 had taken part in the proceedings of that body for years, 
 pointed out and reported a long list of legislative infrac- 
 tions of the constitution. In 1790 a Convention was cal- 
 led, which formed a new constitution. That body, after 
 
MARTIN VAN BUREN. 161 
 
 full and deliberate discussion, inserted in their constitu- 
 tion that very article which has been reported as worthy 
 of a place in ours. That Convention was composed of 
 the wisest and best men in the state, many of whom as- 
 sisted in forming the constitution of the United States. 
 It contained Mifflin, M'Kean, Addison, Gallatin, and a 
 long list of other statesmen, distinguished for their tal- 
 ents, wisdom, and experience. The people of Pennsyl- 
 vania, at the adoption of their first constitution, did not 
 believe in the principle for which I am contending ; but 
 experience soon taught them that they were wrong. The 
 check proposed in 1790 was adopted, and the Legislature 
 has since been kept in the line of their duty. In my view, 
 the conduct of Pennsylvania affords the strongest testi- 
 mony in favor of adopting the course recommended by 
 the committee ; and I cannot but believe, that if the pro- 
 position of the gentleman from Dutchess, (Mr. Livings- 
 ton) should prevail. New York would experience the same 
 evils, and be compelled to resort to the same measures, 
 to get rid of the experiment. 
 
 " The gentleman from Dutchess, (Mr, Livingston) has 
 referred us to Virginia, and descanted on the number, 
 wisdom, and integrity of their statesmen. Mr. Van Bu- 
 reii would assent cheerfully to all he had said upon that 
 point. In that number was included the political father 
 of the state, Mr. Jefferson. No man had more experience 
 in the government of that state ; no one had more fear- 
 lessly pointed out the defects of their constitution. Un- 
 fortunately, it imposes no check upon the legislative pow- 
 er ; their Governor is elected by the Legislature, and of 
 course is buta creature of that body. And, sir, (said Mr. 
 Van Buren) at this moment it is a source of regret to (he 
 best statesmen of Virginia, that they have no check. Mr. 
 Jefferson, in his Notes on Virginia, expresses himself 
 thus : — 
 
 '■'All the powers of government, legislative, executive, 
 and judiciary, result to the legislative body. The con- 
 centrating these in the same hands is precisely the defini- 
 tion of despotic government. It will be no alleviation 
 that these powers will be exercised by a plurality of hands, 
 and not by a single one. One hundred and seventy-three 
 despots would surely be as oppressive as one. Let those 
 who doubt it turn their eyes on the republic of Venice. 
 As little will it avail us that they are chosen by ourselves- 
 14* 
 
162 THE LIFE OP 
 
 An elective despotism was not the government we fought 
 for ; but one which should not only be founded on free 
 principles, but in which the powers of government should 
 be so divided and balanced among several bodies of ma- 
 gistracy, as that no one could transcend their legal limits, 
 without being effectually checked and restrained by the 
 others. For this reason, that Convention which passed 
 the ordinance of government, laid its foundation on this 
 basis, that the legislative, executive, and judiciary de- 
 partments should be separate and distinct, so that no per- 
 son should exercise the powers of more than one of them 
 at the same time. But no barrier was provided between 
 these several powers. The judiciary and executive mem- 
 bers were left dependent on the legislative for their sub- 
 sistence in office, and some of them for their continuance 
 in it. If therefore the Legislature assume executive and 
 judiciary powers, no opposition is likely to be made ; nor 
 if made can be effectual ; because in that case, they may 
 put their proceedings into the form of an act of assembly, 
 which will render them obligatory on the other branches. 
 They have accordingly in many instances decided rights 
 Avhich should have been left to judiciary conti^oversy ; 
 and tke direction of the executive^ during the whole time 
 oj their session^ is becoming habitual and familiar.'' 
 
 " Here, sir, we have the opinion and the complaints of 
 this great man. The Legislature had usurped the power 
 of all the departments. The people had declared that 
 those departments should be independent, but they deceiv- 
 ed themselves by trusting to parchment regulations. And 
 the gentleman from Dutchess, (Mr. Livingston) wishes us 
 to go on, and in the same manner invest the Legislature 
 with all the powers of the people. 
 
 " But this is not all. That there may be no mistake in 
 the views of this distinguished man, I think it proper to 
 state, that in 17S3, it was contemplated to call a Conven- 
 tion to amend their constitution. Mr. Jefferson, with pa- 
 ternal solicitude for the interests of the state, framed a 
 constitution, to be submitted to that body. It may be 
 found in the appendix to the Notes on Virginia. It con- 
 tains a provision, declaring that the Governor, two Coun- 
 cillors of state, and a Judge of each of the Superior Courts, 
 should be a Council to revise all bills passed by the Le- 
 gislature, and that a bill when returned by the Council 
 should not become a law unless two-thirds of each house 
 
MARTIN VAN BUREN. 163 
 
 should concur in its passage. Here, then, we have his de- 
 liberate opinion, that an efficient check is necessary upon 
 the legislative power. And I have no doubt that should 
 there ever be a Convention in Virginia to revise their con- 
 stitution, such a provision would be one of the first to be 
 adopted. But it is undeniably true, and so admitted by 
 Mr. Jefferson, that Virginia is emphatically the land of 
 steady habits, and although there are many defects ac- 
 knowledged to exist in their constitution, still their reluc- 
 tance to introduce a change, has hitherto prevented the 
 call of a Convention. 
 
 " The gentleman from Westchester, (Mr. Jay) has pre- 
 sented a long list of instances, where the Legislature have 
 encroached upon the executive, by concurrent resolutions ; 
 a striking proof of the truth of my remarks. And, sir, if 
 you provide no check, the Legislature can go on to strip 
 the executive of all his power. Then is it not necessary, 
 for the well being of government, to vest a salutary check 
 in some other department ? A contrary doctrine, I am 
 satisfied, is dangerous and absurd. In the constitution of 
 the United States, and in several of the other states, you 
 have a provision precisely similar to that for which we 
 are now contending. Although amendments to the feder- 
 al constitution have been proposed from almost every 
 part of the Union, still against that provision we have 
 never heard a murmur. That provision was avowedly 
 copied from the constitution of Massachusetts, where its 
 utility has never been questioned. Maine lived under it 
 for nearly forty years, and on being separated into an in- 
 dependent state, has adopted the same provision. The 
 late Convention in Massachusetts affords one of the strong- 
 est evidences that a patriotic people can give, in favor of 
 this provision. This Convention was composed of their 
 wisest and best men, selected without reference to party, 
 and embracing almost the whole body of the talents of 
 that state. They were two months in session, and in the 
 course of all their debates, not a word of complaint was 
 uttered against this part of the constitution. 
 
 " Sir, such is the superior force and influence of legis- 
 lative power — such is the reverence and regard with 
 which it is looked up to, that no man in the community 
 will have the temerity, on ordinary occasions, to resist 
 its acts, or check its proceedings. I cannot illustrate this 
 position more strongly than by a reference to the constitu- 
 tion of England. There the executive is a branch of the 
 Legislature, and has an absolute negative. Surrounded 
 
164 THE LIFE OF 
 
 as he is with prerogative, and placed far beyond the reach 
 of the people, yet since the year 1692, no objection has 
 been made by the kin^ of Great Britain to any bill pre- 
 sented for his approbation. Rather than produce the ex- 
 citement and irritation which, even there, would result 
 from the rejection of a bill passed by the parliament, he 
 has resorted to means which have degraded the govern- 
 ment, and dishonored the nation, to prevent the passage 
 of bills which he should feel it his duty to reject. In the 
 declaration of independence, in the catalogue of wrongs 
 under which our fathers had been suffering, one of the 
 most prominent was, that the king had exercised his pre- 
 rogative, and had refused his sanction to salutary laws. 
 Gentlemen may therefore rest satisfied, that very little 
 danger is to be apprehended on this subject. There is, 
 besides, a proposition to reduce the term of service of the 
 Governor, from three years to one. Is it possible, then, 
 that when thus made immediately responsible to the peo- 
 ple, there can exist any well founded causes of alarm ? 
 
 " I hope, sir, we shall adopt the report of the commit- 
 tee, for these, and many other reasons which 1 shall nol 
 lire the patience of the committee by detailing. It is a 
 common remark, that in alterations in government, peo- 
 ple are apt to go from one extreme to the other. And, 
 sir, are not gentlemen now going upon extremes ? AVe 
 have abolished the Council of revision, and weakened the 
 revisory power, and by the amendment olfered by the gen- 
 tleman from Dutchess, (Mr. Livingston) we destroy it al- 
 together. True, the Governor can return a bill \vi(li his 
 objections. But what will it avail ? A bare majority 
 can pass the bill notwithstanding, and as his reasons will 
 probably be those which the Legislature have already 
 considered, can it be believed, sir, that his recommenda- 
 tion will have any elfect ? Can it be supposed for a mo- 
 ment, that the members of the Legislature would to-day 
 record their names on the journals in one way, and to- 
 morrow record them in a different way ? And will not 
 the Governor be restrained from exercising that power, 
 when he knows it is vain and idle ? 
 
 " We have heretofore had the revisory power in the 
 hands of the judiciary and executive united ; and now, 
 because the people call for its separation, shall we de- 
 stroy it altogether ? Shall we go to the other extreme, 
 and have no restriction whatever ? I cannot perceive 
 the benefits to result from such a course ; I am persuaded 
 of its impropriety. We have decided on abolishing the 
 
MARTIN VAN BUREN. 1G5 
 
 Council of revision, in a manner that will redound to our 
 credit ; and I had flattered myself from the promptness 
 with which that decision was made, that the passage of 
 the amendment would have followed without opposition. 
 Let us not agitate and excite the fears of the community. 
 They have expected an alteration of the legislative check, 
 but not an abandonment of the principle. A portion of 
 the people of this state, believe the Council of revision to 
 have been wisely instituted, and of great practical utility. 
 There are others, who think a change is necessary, and 
 that the judiciary should have no connection with the oth- 
 er branches of government. Adopt the proposition of the 
 gentleman from Dutchess, and what will be the conse- 
 quence ? You alarm those two great bodies of our citi- 
 zens, and hazard the rejection of your proceedings. If 
 we would inspire the people with confidence in our acts 
 — if we would ensure their approbation — if we would ef- 
 fect those wise and salutary amendments which the public 
 voice and the public interest demand, we should beware 
 of vibrating to extremes, and of introducing an innovation 
 so hazardous and unexpected, as that which we are dis- 
 cussins:."* 
 
 The article, as reported by the committee and 
 sustained by Mr. Van Buren, was finally adopted 
 into the constitution. 
 
 Analagous to the question involved in the above 
 article, v^as that which arose on the term for 
 which the Governor should be elected. A part of 
 Mr. Van Buren's remarks on this point were as 
 follows : 
 
 " As we increase the power of the executive, we should 
 also increase the responsibility of the Governor. We 
 should bring him more frequently before the people. 
 His conflicts, if any, will not be with the Legislature. He 
 
 * Carter and Stone's Reports of the New York Convention, 
 page 70. 
 
106 THE LIFE OF 
 
 was rendered by the provision now proposed, utterly and 
 entirely independent of the Legislature. Of the people 
 he did not think he should be rendered so independent. 
 In the exercise of the veto, which will only take place on 
 important occasions, he will be supported, if he should 
 have acted manifestly for the public good. He had not 
 experienced the evils of triennial elections; but as we 
 had vastly increased the power of the Governor, a strong 
 desire is manifested to abridge his term, and in this senti- 
 ment he concurred. But how abridge it ? We wish the 
 people to have an opportunity of testing their Governor's 
 conduct, not by the feelings of temporary excitement, but 
 by that sober second thought, which is never wrong. Can 
 that be effected if you abridge the term to one year? No, 
 sir : it is necessary that his power exist long enough to 
 survive that temporary excitement, Avhich a measure of 
 public importance must occasion, and to enable the peo- 
 ple to detect the fallacy with which the acts of government 
 may be veiled as to their real motives. Can a fair judg- 
 ment of motives, or of the effect of measures, be made in 
 a few months ? No, sir — even a term longer than three 
 years, must sometimes be necessary to enable us to judge 
 of the effect of measures. But we must not go into ex- 
 tremes, or we shall rouse the jealousies of the people, in 
 weakening the responsibility to them, of their public offi- 
 cers. Let us test the question by reason. You have a 
 state and population, whose concerns bear a strong anal- 
 ogy to the interests of the Union. Can a Governor, in 
 a term of one year, make himself acquainted with the 
 interests, the wants, and condition of this great state ? 
 There was one remark he made with great deference — in 
 all the eastern states, the tenure of the chief magistrate is 
 for only one year ; and the majority of this Convention 
 have imbibed their notions under those constitutions, and 
 naturally consider them wise. Others, who have lived 
 under the constitution of this state, have preferred, as he 
 had been accustomed to do, the tenure of three years ; 
 and he asked, if there was not some respect, some comity 
 due, to those who have viewed this, among other provis- 
 ions of our constitution, with reverence. For these rea- 
 sons he hoped the blank would be fiilcd with two years."* 
 
 * Debates in New York Convention, page 147. 
 
MARTIN VAN BUREN. 167 
 
 On the 17th of September, Mr. Van Buren, as 
 chairman of the committee on the appointing pow- 
 er, presented an elaborate report, the result of 
 great consideration and reflection on the part of 
 the committee. The principles of this report were 
 defended and explained by Mr. Van Buren on se- 
 veral occasions, but as his remarks, on this sub- 
 ject, do not involve any important general views, 
 they are not here inserted. The proposition of 
 the committee, with some modification, was finally 
 adopted. The Council of appointment was abol- 
 ished ; the substitutes adopted, appear in the con- 
 stitution of that state.* 
 
 On the proposition of prefixing to the constitu- 
 tion a bill of rights, Mr. Van Buren was averse 
 to it : "A bill of rights. Sir," said he " is a privi- 
 lege, according to the original signification of it ; 
 a concession, extorted from the king in favor of 
 popular liberty. But how does that apply here ?" 
 He then went into a history of the origin of bills of 
 right in England, and concluded by expressing a 
 wish that, as a bill of rights, this might not prevail ; 
 but that any provision on it, which might be deem- 
 ed salutary, should be engrafted upon the consti- 
 tution. 
 
 One of the principal objects of amending the 
 constitution was to extend the right of suffrage ; 
 and the leading discussions in the Convention re- 
 
 * See an able spcecli by Mr. Van Buicn, explaining the report 
 of the committee, in the Debates oftlie Convention, page 296, 
 
168 THE LIFE OF 
 
 lated to that topic. The committee to whom that 
 subject was referred, proposed a residence of six 
 months in the state, and the having paid taxes, or 
 worked on the highways, or done military duty, 
 as the qualification of an elector. Judge Spencer 
 proposed as an amendment, to require, as a quali- 
 fication to vote for Senators, a freehold estate of 
 the value of two hundred and fifty dollars. Mr. 
 Van Buren strenuously opposed this amendment, 
 and the following extracts from his speech on this 
 occasion, will shew his general views with regard 
 to the propriety of restricting the elective fran- 
 chise to freeholders. 
 
 " Mr. Van Buren, said he was opposed to the amend- 
 ment under consideration, offered by the gentleman from 
 Albany, (Chief Justice Spencer ;) and he would beg the 
 indulgence of the committee, for a short time, while he 
 should attempt to explain the reasons, which, in his opin- 
 ion, required its rejection. The extreme importance 
 which the honorable mover had attached to the subject, 
 and the sombre and frightful picture which had been 
 drawn by his colleague, (the Chancellor,) of the alarming 
 consequences, Avhich would result from the adoption of a 
 course, different from the one recommended, rendered it a 
 duty, which those, who entertained a contrary opinion, 
 owed to themselves and their constituents, to explain the 
 motives which governed them. If a stranger had heard 
 the discussions on this subject, and had been unacquaint- 
 ed with the character of our people, and the character 
 and standing of those, who find it their duty to oppose 
 this measure, he might well have supposed, that we were 
 on the point of prostrating with lawless violence, one of 
 the fairest and firmest pillars of the government, and of 
 introducing into the sanctuary of the constitution, a mob 
 or a rabble, violent and disorganizing, as were the Jaco- 
 bins of France ; and furious and visionary as the radicals 
 of England, are, by some gentlemen, supposed to be. The 
 honorable gentleman from Albany, (the Chancellor,) tells 
 us, that if we send the constitution to the people, without 
 
MARTIN VAN BUREN. 169 
 
 the provision, contemplated by the proposition now under 
 consideration, it will meet with the scorn of the wise, and 
 be hailed with exultation by the vicious and the profli- 
 gate. He entertained, he said, a high personal respect 
 for themover of this amendment, and also for his learned 
 colleague, who had so eloquently and pathetically de- 
 scribed to them the many evils and miseries which its re- 
 jection would occasion ; he declared his entire conviction 
 of his sincerity in what he had uttered, his simplicity of 
 character, he had himself so feelingly described, his known 
 candor and purity of character would forbid any one to 
 doubt, that he spoke the sentiments of his heart. But be- 
 lieving as he did, that those fears and apprehensions 
 were wholly without foundation, it could not be expected, 
 that he would suffer them to govern his conduct. 
 
 " Permit me to ask, (said Mr. Van Buren) where are 
 the wise men to be found, who it is supposed would pass 
 a censure so severe on our conduct ? Did the honorable 
 gentleman allude to the wise men of the east ? Through- 
 out their dominions, not a constitution is to be found, con- 
 taining, in form or substance, the provision contemplated 
 by the amendment. Did he allude to their descendants 
 in the west? In Ohio, and partially in Illinois and in In- 
 diana ? Their constitutions were in this particular as 
 ours would be, if this amendment was adopted. Did he 
 allude to those of the south ? In none of their constitu- 
 tions, nor in those of any state in the Union, (except 
 North Carolina,) was such a provision as that proposed by 
 the amendment to be found. In the constitution of the 
 Union, too, which has been in operation long enough to 
 test the correctness and soundness of its principles, there 
 was no excessive freehold representation. That constitu- 
 tion was now the boast and pride of the American people, 
 and the admiration of the world. He presumed there 
 was not an individual in that committee, who would 
 question the sufficiency of the General Government, for 
 the protection of life, liberty and property. Under this 
 government, and the several state constitutions, the states 
 had been, and continued to be, rapidly advancing in public 
 improvements, and the nation was in the full fruition of 
 the blessings of civil and religious liberty ; every one was 
 sitting quietly and safely under his own vine and fig tree, 
 and every one enjoying, without molestation, the fruits of 
 his own labor and industry. 
 
 " It could not, therefore, fail to strike the mind of every 
 man, that the great alarm, which had been attempted to be 
 15 
 
170 THE LIFE OF 
 
 excited upon this subject, was entirely imaginary — cer- 
 tainly without adequate foundation. Why, then, he would 
 ask, had this appeal been made to the fears and apprehen- 
 sions of the committee ? 
 
 " In the grave and portentous deductions, which the hon- 
 orable gentleman, who supported the amendment, had 
 drawn from the rejection of the amendment under consid- 
 eration, the question raised by it, had been, in a great de- 
 gree, disregarded, if not entirely lost sight of. The com- 
 mittee had been entertained with the most frightful con- 
 jectures, on subjects, if not wholly, certainly in a great de • 
 gree, unconnected with the object of the amendment. — 
 They had been told of the present bad character, and 
 worse propensities of a great portion of their present popu- 
 lation — the demoralizing effects of great manufacturing 
 establishments, Avhich might, or might not, hereafter grow 
 up among us, had been portrayed in the darkest colors — 
 the dissolute and abandoned character of a large portion 
 of the inhabitants of the old cities of Europe, and the pro- 
 bability of similar degeneracy in this happy land, had been 
 represented in hideous deformity ; and all the powers of 
 eloquence, and the inventions of imagination, had been 
 enlisted, to present to our view, a long train of evils, 
 which would follow, from extending the right of suffrage 
 to such a description of people. And all this had been 
 done, to procure the adoption of the amendment under 
 consideration. He would now put the question to the so- 
 ber sense of the committee, and to the highly respectable 
 and venerable gentlemen, who had thought proper to 
 press these matters upon them in this stage of the discus- 
 sion, with what propriety had this been done ? Did the 
 amendment raise the question, whether any, and what 
 amount of property should be a requisite qualification for 
 a voter ? Whether contributions to the public for the pro- 
 lection of properly, in the shape of taxes shall be requir- 
 ed ? or whether personal services, either in the public de- 
 fence, or for public improvements, should be deemed suffi- 
 cient ? These, he said, were questions brought into view 
 by the report of the select committee, and on which, they 
 would hereafter have to act, but they were not now under 
 discussion. When they would come before them, then 
 would the past, the present, and probable future character 
 of the population of this state, be proper subjects for con- 
 sideration. * * * 
 
 " There were two words, continued Mr. Van Buren, 
 which had come into common use with our revolutionary 
 
MARTIN VAN BUREN. 171 
 
 struggle ; words which contained an abridgement of our 
 political rights ; words which, at that day, had a talisman- 
 ic effect ; which led our fathers from the bosoms of their 
 families to the tented field ; which, for seven long years 
 of toil and suffering, had kept them to their arms ; and 
 which finally conducted them to a glorious triumph. 
 They were ' taxation and representation ;' nor did 
 they lose their influence with the close of that struggle. 
 They were never heard in our halls of legislation, with- 
 out bringing to our recollections the consecrated feelings 
 of those who won our liberties, or without reminding us 
 of every thing that was sacred in principle. * * * 
 
 " Apply, said he, for a moment, the principles they in- 
 culcate to the question under consideration, and let its 
 merits be thereby tested. Are those of your citizens re- 
 presented, whose voices are never heard in your Senate ? 
 Are these citizens in any degree represented or heard, in 
 the formation of your courts of justice, from the highest to 
 the lowest? Was, then, representation in one branch of 
 the Legislature, which by itself can do nothing — which, 
 instead of securing to them the blessings of legislation, on- 
 ly enables them to preA^ent it as an evil, any thing more 
 than a shadow ? Was it not emphatically ' keeping the 
 word of promise to the ear, and breaking it to the hope V 
 Was it not even less than the virtual representation^ 
 with Avhich our fathers were attempted to be appeased by 
 their oppressors ? It was even so ; and if so, could they, 
 as long as this distinction was retained, hold up their 
 heads, and, without blushing, pretend to be the advocates 
 for that special canon of political rights, that taxation 
 and representation were, and ever should be, indissoluble ? 
 He thought not, 
 
 " In whose name, and for whose benefit, he inquired, 
 were they called upon to disappoint the just expectations 
 of their constituents, and to persevere in what he could 
 not but regard as a violation of principle ? It was in the 
 name, and for the security of '/armer^,' that they were 
 called upon to adopt this measure. This, he said, was, 
 indeed, acting in an imposing name ; and they who used 
 it, knew full well that it was so. It Avas, continued Mr. 
 Van Buren, the boast, the pride, and the security of this 
 nation, that she had in her bosom a body of men who, for 
 sobriety, integrity, industry, and patriotism, were une- 
 qualled by the cultivators of the earth in any part of the 
 known world ; nay, more, to compare them with the men 
 of similar pursuits in other countries, was to degrade 
 
172 THE LIFE OB^ 
 
 them. And woful must be our degeneracy, before any 
 thing which might be supposed to affect the interests of 
 the farmers of this country, could be listened to with in- 
 difference by those who governed us. 
 
 " He could not, he said, yield to any man in respect for 
 this invaluable class of our citizens, nor in zeal for 
 their support : but how did this matter stand ? enquired 
 Mr. Van Buren. Was the allegation that they were vio- 
 lating the wishes, and tampering with the security of the 
 farmers, founded in fact, or was it merely colorable 1 
 Who, he asked, had hitherto constituted a majority of 
 the voters of the state ? The farmers — who had called 
 for, and insisted upon the Convention. Farmers and 
 freeholders ! Who passed the law admitting those, who 
 were not electors, to a free participation in the decision of 
 the question of Convention or No Convention^ and also in 
 the choice of delegates to that body. A Legislature, a 
 majority of whom were farmers, and probably every one 
 of them freeholders, of the value of two hundred and 
 fifty dollars and upwards ! The farmers of this state had, 
 he said, by an overwhelming majority, admitted those 
 who were not freeholders, to a full participation with 
 themselves in every stage of this great effort to amend 
 our constitution, and to ameliorate ihe condition of the 
 people : could he, then, ought he, to be told, that they 
 would be disappointed in their expectations, when they 
 found that by the provisions of the constitution as amend- 
 ed, a great proportion of their fellow citizens were en- 
 franchised, and released, from fetters which they them- 
 selves had done all in their power to loosen? He did 
 not believe it. Again, enquired Mr. Van Buren, who are 
 we, that have been chosen to perform this great, and he 
 could not but think, good work? A great majority of us 
 are practical farmers ; all freeholders^ and of no small 
 amounts. Were they their own worst enemies? Could 
 they be suspected of a want of fidelity to the freehold in- 
 terest ? No ! The farmers had looked for such an event; 
 they earnestly desired it. Whatever ravages the posses- 
 sion of power might have made in the breasts of others, 
 they at least had shewn that they could ' feel power with- 
 out forgetting right.' If any thing, (said Mr. Van Bu- 
 ren,) could render this invaluable class of men dearer and 
 more estimable than they were, it was this magnanimous 
 sacrifice which they had made on the altar of principle, 
 by consenting to admit those of their fellow citizens, 
 who though not so highly favored as themselves by for- 
 
MARTIN VAN BURRN. 173 
 
 tane, had still enough to bind them to their country, to 
 an equal participation in the blessings ol" a Tree govern- 
 ment. Thus, Mr. Van Buren said he understood their 
 wishes, and he would govern himself accordingly ; having 
 the consolation to know, that if he should have misun- 
 derstood them, they would have the power of rescuing 
 themselves, from the effects of such misapprehension, 
 by rejecting the amendments, which should be proposed 
 for their adoption. 
 
 "But let us, said he, consider this subject in another 
 and different point of view; it was their duty, and he 
 had no doubt it vas their wish, to satisfy all, so that their 
 proceedings might meet with the approbation of the 
 whole community ; it was his desire to respect the wish- 
 es and consult the interests of all ; he would not hamper 
 the rich nor tread upon the poor, but would respect each 
 alike. He would, he said, submit a few considerations 
 to the men of property, who think this provision necessa- 
 ry for its security, and in doing so, he would speak of 
 property in general, dropping the important distinction 
 made by the amendment offered, between real and personal 
 estate. Admitting for the sake of argument, that the 
 distinction was just, and wise, and necessary, for the se- 
 curity of property, was the object effected by the present 
 regulation ? He thought not ; property was not now 
 represented in the senate to the extent it was erroneous- 
 ly supposed to be. To represent individiial property, it 
 would be necessary that each individual should have a 
 number of votes in some degree at least, in proportion to 
 the amount of his property ; this was the manner in 
 which property was represented, in various corporations 
 and in monied institutions. Suppose in any such insti- 
 tution one man had one hundred shares, another one share, 
 could you gravely tell the man who held one hun- 
 dred shares, that his property was represented in the di- 
 rection, if their votes were equal. To say that because a 
 man worth millions, as is the case of one in this commit- 
 tee, has one vote, and another citizen worth only two hun- 
 dred and fifty dollars in real estate, has one vote for Sena- 
 tors, that therefore their property is equally represented in 
 the Senate, is, to say the least,speaking very incorrectly ; it 
 is literally substituting a shadow for a reality ; and 
 though the case he had stated by way of illustration, 
 would not be a common one, still the disparity which 
 pervaded the whole community, was sufficiently great to 
 render his argument correct. 
 15* 
 
174 THE LIFE OF 
 
 "If to this it was answered, as it had been by the gen- 
 tleman from Albany, (Mr. Van Veehten,) that the amount 
 was not material ; that the idea of their representing free- 
 holders would be sufficient ; his reply was,that this purpose 
 was already effected by the constitution as it stands. It 
 now provides that the Senators shall be freeholders 3 and 
 that part of the constitution it was not proposed to alter. 
 There was no objection to fixing the amount of the free- 
 hold required in the elected, and to place it on a respecta- 
 ble, but not extravagant footing. If, therefore, an ideal 
 representation of property was of any value, that object 
 was fully obtained without the amendment. But the 
 preservation of individual property, is not the great ob- 
 ject of having it represented in the Senate. 
 
 " When the people of this state shall have so far degen- 
 erated ; when the principles of order or of good government 
 which now characterize our people, and afford security to 
 our institutions, shall have so far given way to those of 
 anarchy and violence, as to lead to an attack on private 
 property, or an agrarian law ; to which allusion had been 
 made by the gentleman from Albany, (Mr. Kent,) or by 
 an attempt to throw all the public burthens on any par- 
 ticular class of men ; then all constitutional provisions 
 will be idle and unavailing, because they will have lost 
 all their force and influence. In answer to the apprehen- 
 sion so frequently expressed, that unless this amendment 
 prevails, there is nothing to prevent all the taxes being 
 laid on the real estate, it is only necessary to state, that 
 there is no more in the constitution of the United States, 
 than there will be in ours, if the amendment fails, to pre- 
 vent all the revenues of the Union from being raised by 
 direct taxation. And was such a fear ever entertained 
 for^ the General Government ? How is it possible for 
 gentlemen to suppose, that in a constitutional regulation, 
 under which all the states are enjoying the most ample 
 security for property, an individual state would be expos- 
 ed to danger. * * * 
 
 "The representation, then, of property in the Senate, un- 
 der the existing constitution, was, he said, as it respected 
 individual estates, wholly delusive, and as it respected 
 the interest of property in the different sections of the state 
 so flagrantly unequal as to destroy practical advantage to 
 property from a representation of it, and not only so, but 
 made it infinitely worse than if property was not profes- 
 sed to be represented at all. * * * 
 
 " And what, he enquired, had been its practical effects? 
 
MARTIN VAN BUREN. 175 
 
 had they been such as to afford any additional security to 
 property ? had the members of the Senate, for years past, 
 been more respectable for talents or integrity ? had they 
 shewn a greater regard for property ? had they been more 
 vigilant in guarding the public treasury than the assem- 
 bly. 
 
 " The Senate, he said, was the only legislative body in 
 which he had ever had the honor of a seat ; and he had 
 been there from a very early age— almost all his political 
 connexions had been with that body — his earliest politi- 
 cal recollections were associated with its proceedings, 
 and he had had, in some of its proceedings, as much cause 
 for individual gratification as could well, under the same 
 circumstances, fall to the lot of any man ; notwithstand- 
 ing which, and also the strong partiality he had always 
 felt for that body, he could not say, that in the many 
 years he was there, the sentiment never occurred to him, 
 that such was the case. On the contrary, a regard to 
 truth constrained him to say, that every thing, which re- 
 garded the imposition of public burdens, and the disposi- 
 tion of public property, were more closely looked into, 
 and more severely scrutinized by the Assembly than the 
 Senate. The sense of immediate responsibility to the 
 people, produced more effect on the Assembly, than the 
 consideration, that they represented those, who were sup- 
 posed principally to bear the burdens, did in the Senate ; 
 and such, he conscientiously believed, would always be 
 the case. He asked the members of the committee, 
 whether they believed, that there had been a moment for 
 the last forty years, when a proposition in the Assembly 
 to make an unjust distinction between real and personal 
 property, in the imposition of public burdens, would not 
 have been hooted out of that body, if any one had been 
 found mad enough to have dared its introduction ? Why, 
 then, he asked, alarm ourselves by fears for the future, 
 which the experience of the past had demonstrated to be 
 erroneous? Why disregard the ac'monitions of experi- 
 ence, to pursue the dubious path of speculation and the- 
 ory ? 
 
 " He had no doubt but the honorable gentlemen who 
 had spoken in favor of the amendment, had suffered from 
 the fearful forebodings which they had expressed. That 
 ever to be revered band of patriots who made our consti- 
 tution, entertained them also, and therefore they engraft- 
 ed in it the clause which is now contended for. But a 
 full and perfect experience had proved the fallacy of their 
 
17G THE LIFE OF 
 
 speculation, and they were now called upon again to 
 adopt the exploded notion ; and on that ground, to dis- 
 franchise, if not a majority, nearly a moiety, of our citi 
 zens. He said he was an unbeliever in the speculations 
 and mere theories on the subject of government, of the 
 best and the wisest men, when unsupported by, and es- 
 pecially when opposed to, experience. He believed with 
 a sensible, and elegant, and modern writer, ' that consti- 
 tutions are the work of time, not the invention of inge- 
 nuity: and that to frame a complete system of govern- 
 ment, depending on habits of reverence and experience, 
 was an attempt as absurd as to build a tree, or manufac- 
 ture an opinion.' 
 
 " All our observation, he said, united to justify this as- 
 sertion — when they looked at the proceedings of the con- 
 vention which adopted ihe constitution of the United 
 States, they could not fail to be struck by the extrava- 
 gance, and, as experience had proved, the futility of the 
 fears and hopes that were entertained and expressed, 
 from the different provisions of ihat constitution, by the 
 members. The venerable and enlightened Franklin, had 
 no hope if the President had the qualified negative, that 
 it would be possible to keep him honest; that the exten- 
 sive power of objecting to laws, would inevitably lead to 
 the bestowment of douceurs to prevent the exercise of the 
 power ; and many, very many of the members, believed 
 that the General Government, framed as it was, would, 
 in a few years, prostrate the state governments. While, 
 on the other hand, the lamented Hamilton, Mr. Madison, 
 and others, distressed themselves with the apprehension. 
 that unless they could infuse more vigor into the consti- 
 tution they were about to adopt, the work of their hands 
 could not be expected to survive its framers. Experi- 
 ence, the only unerring touchstone, had proved the fallacy 
 of all those speculations, as it had also those of the fram- 
 ers of our state constitution, in the particular now under 
 consideration ; and having her records before them, he 
 was for being governed by them. * * * 
 
 " If, then, it was true that the present representation of 
 property in the Senate was ideal, and purely ideal, did 
 not, continued Mr. V. B. sound policy dictate an aban- 
 donment of it, by the possessors of property ? He thought 
 it did ; he thought so because he held it to be at all times, 
 and under all circumstances, and for all interests, unwise 
 to struggle against the w^ishcs of any portion of the peo- 
 ple — to subject yourselves to a wanton exposure to public 
 
MARTIN VAN BUREN. 177 
 
 prejudice, to struggle for an object, which, if attained, was 
 of no avail. He thought so, because the retaining of this 
 qualification in the present state of public opinion, would 
 have a tendency to excite jealousy in the minds of those 
 who had no freehold property, and because more mischief 
 was to be apprehended from that source than any other. 
 It was calculated to excite that prejudice because not re- 
 quiring sufficient to effect the object in view, it, in the 
 language of Dr. Franklin, ' exhibited liberty in disgrace, 
 by bringing it in competition with accident and insignifi- 
 cance.' 
 
 " But, said Mr. V. B. we have been referred to the 
 opinions of General Hamilton, as expressed in his wri- 
 tings in favor of the Constitution of the United States, as 
 supporting this amendment. He should not detain the 
 committee by adding any thing to what had been said of 
 his great worth, and splendid talents. He would omit it, 
 because he could not add to the encomiums which had 
 been delivered on this floor, on his life and character. 
 The tribute to departed worth has been justly paid by the 
 honorable gentlemen from Albany and Orange, (Messrs. 
 Spencer and Duer.) But there was nothing in the Fed- 
 eralist to support the amendment. Without troubling 
 the committee by reading the number which had been 
 referred to, it would be sufficient for him to say, that it 
 could not be supposed, that the distinguished men who 
 had done a lasting benefit to their country; and had earn- 
 ed for themselves the highest honors, by the work in ques- 
 tion, could have urged the propriety, of a property repre- 
 sentation, in one branch of the Legislature, in favor of a 
 constitution, which contained no such provision. They 
 had not done so. 
 
 " We were, said Mr. V. B. next referred by the honora- 
 ble mover of the amendment, to the opinion of Mr. Jeff*er- 
 son, as expressed in his Notes on Virginia. In making 
 that reference, the honorable gentleman had done himself 
 credit; and had rendered but justice to the merits of the 
 distinguished individual, whose opinion he had sought to 
 enlist on his side. He had truly said, that now, when 
 the strong party feeling which attended the public meas- 
 ures in which Mr. Jefferson was an actor, had in some 
 degree subsided, most men united in the acknowledgment 
 of his deserts. That sentiment, however, it appeared, 
 was not general, since the gentleman from Columbia, 
 (Mr. E. Williams) distinctly avows, the retention of his 
 old prejudices. W^hilst that gentleman was trumpet- 
 
178 THE LIFE OF 
 
 tongued, in denouncing die impropriety of indulgence, in 
 party feelings by others, he had given them the strongest 
 reason to believe, that his own were immortal j that they 
 had not only survived the ' era of good feeling,' through 
 which we had passed, but were likely to continue. But 
 that notwithstanding, he still thought of Mr. Jefferson, as 
 he always had done, he would condescend to use him for 
 the occasion. Sir, said Mr. V. B. it is grating to one's 
 feelings, to hear a man, who has done his country the 
 greatest service, and who at this moment occupies more 
 space in the public mind, than any other private citizen in 
 the world, thus spoken of. But no more of this. 
 
 "Mr. Jefferson did complain, in 1781, of the constitu- 
 tion of Virginia, because the two branches of their Legis- 
 lature were not sufficiently dissimilar, but he did not 
 point out the mode in which he thought that object could 
 be best effected. 
 
 " In 1783, when, as he had before stated, a convention 
 was expected in Virginia, he prepared a form of govern- 
 ment to be submitted to the people, in which he provided 
 the same qualification for both branches, and shewed 
 clearly, either that his opinion had undergone a change 
 on the subject, or that he supposed the object would be 
 effected by the difference of their term of service, and the 
 districts they represented. 
 
 " The next consideration which had been pressed upon 
 the committee by the honorable mover of the amend- 
 ment, was, the apprehension that the persons employed 
 in the manufactories which now were, or which, in the 
 progress of time, might be established amongst us, would 
 be influenced by their employers. So far as it respected 
 the question before the committee, said Mr. V. B. it was 
 a sufficient answer to the argument, that if they were so 
 influenced, they would be enlisted on the same side, 
 which it was the object of the amendment to promote, on 
 the side of property. If not — if they were independent of 
 the influence of their employers, they would be safe de- 
 positories of the right. For no man, surely, would con- 
 tend that they should be deprived of the right of voting on 
 account of their poverty, except so far as it might be 
 .supposed to impair their independence, and the conse- 
 quent purity of the exercise of that invaluable right. 
 
 " The honorable gentleman from Albany, (Mr. Spen- 
 cer) had next directed their attention to the borough elec- 
 tions in England, as evidence of the consequences which 
 might be expected from the non adoption of his amend- 
 
MARTIN VAN BUREN. 179 
 
 ment. Mr. V. B. said he could not, in his view of the 
 subject, on the most mature reflection, have selected an 
 argument better calculated to prove the amendment to be 
 unwise and improper, than this one, on which the gen- 
 tleman mainly relied for its support. What, sir, said he, 
 was the cause of the corruptions which confessedly pre- 
 vail in that portion of the representation in the parlia- 
 ment of Great Britain? Was it the lovvness of the 
 qualifications of the electors, in comparison with the resi- 
 due of the country ? No. In many of the boroughs a 
 freehold qualification was required ; in most, that they 
 should be burgage holders ; and in all, that they should 
 be freemen, paying scot and lot. Compare, said Mr. V. 
 B. these qualifications with those required in Westmin- 
 ster, and it will be found that the lowest of the former are 
 equal to the latter. It could not be necessary for him to 
 say, that if the will of the people prevailed in any elec- 
 tion in England — if patriotism and public spirit was sure 
 to find its appropriate reward any where in that country, 
 it was at the Westminster elections. The qualifications 
 of the electors, therefore, was not the cause, except it was 
 in some instances where the election was confined to a 
 very few, as for instance, to the Mayor and common 
 Council of a borough. But I will tell you, sir, said Mr. 
 V. B. what is the cause — it is because the representation 
 in question, is a representation of things, and not of men 
 — it is because that it is attached to territory, to a village 
 or town, without regard to the population 5 as by the 
 amendment under consideration, it is attempted here to 
 be attached to territory, and to territory only. Suppose, 
 for a moment, that the principles on which the report of 
 the select committee is based, and which the amendment 
 opposes, should be applied to the representation in the 
 parliament of Great Britain — that instead of her present 
 representation, it should be apportioned among all their 
 subjects Avho contribute to the public burthens? Would 
 you hear any complaints in that country on the subject of 
 their rotten boroughs ? No, sir ; but on the contrary, that 
 reform in parliament would be at once obtained, for 
 which the friends of reform in that devoted country have 
 so long contended, and M^hich they probably never will 
 obtain, except, (to use the language of the gentleman from 
 Albany) at the point of the bayonet. He could not, there- 
 fore, but think that the illustration resorted to, by the 
 honorable mover of the amendment, was most unfortu- 
 
180 THE LIFE OF 
 
 nate to his argument, nor ought he to withhold his thanks 
 for the suggestion. 
 
 " There were, continued Mr. V. B. many, very many, 
 considerations, besides those he had noticed, which 
 could, with propriety and profit, be urged on this occasion, 
 to shew the impropriety of the amendment. There were 
 several which it was his intention at first to urge. He 
 had designed too, to notice some of the remarks which 
 fell from the gentleman from Columbia, (Mr. Williams,) 
 but as he was not certain that what he should say, would 
 produce that state of feeling necessary on so interesting 
 a subject, he would omit it. The time which he had al- 
 ready occupied — the very flattering attention with which 
 the committee had listened to him, an attention demand- 
 ing and receiving his utmost gratitude, induced him to 
 forbear from trespassing further on their patience. The 
 great importance, therefore, of having various interests, 
 various talents, and men of various pursuits, in the Sen- 
 ate, to secure a due attention to, and a perfect understand- 
 ing of, the various concerns to which legislation might 
 be applied in this state, the origin of the freehold requisi- 
 tion in England and here, together with the reasons why 
 that distinction, though proper at the time of the adoption 
 of our constitution, had almost entirely ceased to be Avise 
 or just : and also the causes which must inevitably render 
 it in a short time, in our country at least, very unneces- 
 sary and ineffectual, together with topics like those, he 
 would leave to the very judicious remarks which had al- 
 ready been made, and to such as might hereafter be made 
 by others. 
 
 " If he could possibly believe, added Mr. V. B. that 
 any portion of the calamitous consequences could result 
 from the rejection of the amendment, which had been 
 so feelingly portrayed by the honorable gentleman from 
 Albany, (Mr. Kent,) and for whom he would repeat the 
 acknowledgement of his respect and regard, he would 
 be the last man in society Avho would vote for it. But, 
 believing, as he conscientiously did, that those fears were 
 alto"-ether unfounded ; hoping and expecting that the 
 happiest results would follow from the abolition of the 
 freehold qualification, and hoping too, that caution and 
 circumspection would preside over the settlement of the 
 general right of suffrage, which was hereafter to be made, 
 and knowing, besides, that this state, in abolishing the 
 freehold qualifications, would but be uniting herself in 
 the march of principle, which had already prevailed in 
 
MARTIN VAN BUREN. 181 
 
 every state of the Union, except two or three, including 
 the royal :;harter of Rhode-Island, he would cheerfully 
 record his vote a<?ainst the amendment."* 
 
 The restriction proposed by Judge Spencer 
 was rejected. The qualifications required in the 
 report of the committee, besides temporary resi- 
 dence, were, as has already been stated, paying 
 taxes, or doing military duty, or working on the 
 highways. Mr. Van Buren was in favor of ad- 
 ding to the latter alternative, the further restriction 
 of being a house-holder. He expressed his fears 
 that the extension contemplated by some of the 
 amendments proposed, would not be sanctioned 
 by the pubHc approbation, and would occasion the 
 rejection of the whole by the people. In this con- 
 nection, Mr. Van Buren remarked, on another oc- 
 sion, " that were the bare, naked question of uni- 
 versal suffrage put to the committee" (of the 
 whole) " he did not believe there were twenty 
 members who would vote for it." He added ; 
 " One word on the main question before the com- 
 mittee. We had already reached the verge of 
 universal suffrage. There was but one step be- 
 yond. And are gentlemen prepared to take that 
 step ? We were cheapening this invaluable right. 
 He was disposed to go as far as any man, in the 
 extension of rational liberty ; but he could not con- 
 sent to undervalue this precious privilege so far as 
 to confer it, with an indiscriminating hand, upon 
 
 * Debates in the New York Convention p. 465, 
 16 
 
182 THE LIFE OF 
 
 every one, black or white, who would be kind 
 enough to condescend to accept it."* 
 
 At other times, he expressed his fears that some 
 of the amendments were intended to go " so far 
 as to have all the amendments rejected by the 
 people ; that they were hazarding every thing by 
 going such lengths, and that the people would ne- 
 ver sanction it."f His views, however, are more 
 fully and accurately expressed in the following 
 remarks, offered while the report was still under 
 consideration. 
 
 " Mr. Van Buren said, that as the vole he should now 
 give on what was called the highway qualification, would 
 be different from what it had been on a former occasion, 
 he felt it a duty to make a brief explanation of the motives 
 which governed him. The qualifications reported by the 
 first committee, were of three kinds, viz: the payment of 
 a money tax, the performance of military duty, and work- 
 ing on the highway. The two former had met with his 
 decided approbation ; to the latter he wished to add the 
 additional qualification, that the elector should, if he paid 
 no tax, performed no militia duty, but offered his vote on 
 the sole ground that he had labored on the highways, also 
 be a house-holder ; and that was the only point in which 
 he had dissented, from the report of the committee. To 
 effect this object, he supported a motion made by a gen- 
 tleman from Dutchess, to strike out the highway qualifi- 
 cation, with a view of adding ' house-holder.^ That 
 motion, after full discussion, had prevailed by a majority 
 of twenty. But what was the consequence ? The very 
 next day, the same gentlemen who thought the highway 
 tax too liberal a qualification, voted that every person of 
 twenty-one years of age, having a certain term of resi- 
 dence, and excluding actual paupers, should be permitted 
 
 ♦ Debates in New York Convention, p. 277. 
 t lb. pp. 275—284. 
 
MARTIN VAN BUREN. 183 
 
 to vote for any officer in the government, from the high- 
 est to the lowest — far outvieing, in this particular, the 
 other states in the Union, and verging from the extreme 
 of restricted, to that of universal suffrage. The Conven- 
 tion, sensible of the very great stride which had been ta- 
 ken by the last vote, the next morning referred the whole 
 matter to a select coaimitlee of thirteen, whose report was 
 now under consideration. That committee, though com- 
 posed of gentlemen, a large majority of whom had voted 
 for the proposition for universal suffrage, had now recom- 
 mended a middle course, viz. — the payment of a money tax, 
 or labor on the highway, excluding militia service, which 
 had, however, been very properly reinstated. The ques- 
 tion then recurred ; shall an attempt be again made to add 
 that of house-holder, to the highway qualification, and run 
 the hazard of the re-introduction of the proposition of the 
 gentleman from Washington, abandoning all qualifica- 
 tions, and throwing open the ballot boxes to every body — 
 demolishing at one blow, the distinctive character of an 
 elector, the proudest and most invaluable attribute of 
 freemen ? 
 
 " Mr. Van Buren said, he had, on the motion of the 
 gentleman from Columbia, this day hinted at the numer- 
 ous objections which he had to the proposition, which the 
 other day passed the Convention, in regard to the right of 
 suffrage : objections which he intended to make, had the 
 committee reported in favor of that vote ; and by which, 
 when fully urged, he knew that he Avould be able to con- 
 vince every member of this committee of the dangerous 
 and alarming tendency of that precipitate and unexpected 
 prostration of all qualifications. At this moment, he 
 would only say, that among the many evils which would 
 flow from a wholly unrestricted suffrage, the following 
 would be the most injurious, viz : — 
 
 "First. Ii would give to the city of New York about 
 twenty-five thousand votes ; whilst, under the liberal ex- 
 tension of the right on the choice of delegates to this Con- 
 vention, she had but about thirteen or fourteen thousand. 
 That the character of the increased number of votes would 
 be such as would render their elections rather a curse 
 than a blessing : which would drive from the polls all so- 
 ber minded people ; and such, he was happy to find, was 
 the united opinion, or nearly so, of the delegation from 
 that city. 
 
 " Secondly. It would not only be injurious to them, but 
 that injury would work an equally great one to the west- 
 
184 THE LIFE OF 
 
 em and northern parts of the state. It was the present 
 consolation of our hardy sons of the west, that, for their 
 toils and their sufferings in reducing the wilderness to cul- 
 tivation, they were cheered by the conviction, not only 
 that they would be secure in the enjoyment of their dear 
 bought improvements, in consequence of their representa- 
 tion in the Legislature, but that any increase of that re- 
 presention gave them a still greater influence there. That 
 as far as it respected this state, their march, and the march 
 of empire kept pace. This arose from the circumstance 
 of the representation in the state being founded on the 
 number of electors ; and because almost every man in a 
 new country was an elector, under the existing and con- 
 templated qualifications : whilst in the old counties, and 
 especially in cities, there were great numbers who would 
 not be embraced by them. So great was this effect, that 
 the city of New York alone would, under the vote of the 
 other day, have become entitled to additional voters, over 
 those who voted at the election of delegates, equal, or 
 nearly so, to the whole number of votes of Ontario or Ge- 
 nesee. The direct consequence of which would be, that 
 the additional representation of fourteen members, which 
 are next year to be distributed among the counties, would, 
 instead of going principally to the west, be surrendered to 
 the worst population of the old counties and cities. 
 
 " And thirdly. The door would have been entirely clo- 
 sed against retreat, whatever might be our after convic- 
 tion, founded on experience, as to the evil tendency of 
 this extended suffrage. 
 
 " The just equilibrium between the rights of those who 
 have, and those who have no interest in the government, 
 could, when once thus surrendered, never be regained, ex- 
 cept by the sword. But, according to the present report, 
 if experience should point out dangers, from the very ex- 
 tensive qualifications we were about to establish, the Le- 
 gislature might relieve against the evil, by curtailing the 
 objects of taxation. By the establishment of turnpikes, 
 the making of canals, and the general improvements of 
 the country, the highway tax would naturally be lessened, 
 and might, if the Legislature thought proper, be hereafter 
 confined to property, instead of imposing it, as they now 
 do, on adult male citizens.. For one hundred years at least, 
 this would afford a sufficient protection against the evils 
 which were apprehended. He would, therefore, notwith- 
 standing his desire to have the qualification oi house-hold- 
 er added to the electors of the third description remain 
 
MARTIN VAN BURExN. 185 
 
 unchanged, accept the report of the committee as it was, 
 with the addition of the military qualification, which he 
 thought ought to be adopted, for the sake of principle, if 
 for no other reason. 
 
 " He thought the committee, constituted as they Avere, 
 had done themselves great credit by their concessions to 
 the opinion of those from whom they differed, and he, for 
 one, returned them his sincere thanks. Under all circum- 
 stances, he would be well satisfied with the right of suf- 
 frage, as it will now be established, and would give it his 
 zealous support, as well in his capacity of delegate, as that 
 of citizen.' * 
 
 The provision was finally adopted as originally 
 reported by the committee, on this point. Mr. 
 Van Buren concurred in this course which extend- 
 ed the privilege to all who paid any tax, or did 
 military duty, or w^orked on the highways ; though 
 as we have seen, he would have preferred an ad- 
 dition to the last qualification, requiring the can- 
 didate in case he possessed neither of the other qual- 
 ifications, to be a house-holder. He expressed his 
 strong wish to conform to what he believed to be 
 the opinion of the people, and his chief fears seem 
 to have been that the great departure from the 
 former freehold qualification, would hazard the 
 adoption of the whole amendment. 
 
 His own sentiments, together w ith that of the 
 people at large, however, appear to have under- 
 gone some modification at a subsequent period, as 
 will be seen by the following extracts from a let- 
 Icr, written by him, in reply to certain questions 
 
 •» Debates in New York Convention, p. 360. 
 
 16* 
 
186 THE LIFE OF 
 
 proposed by a committee of mechanics in Rhode 
 Island. 
 
 "By the first constitution of New York, the posses- 
 sion of a freehold estate of the value of two hundred and 
 fifty dollars over and above all debts charged thereon, 
 was necessary to entitle a person to vote for Governor, 
 Lieutenant Governor, and Senators. Members of As- 
 sembly were chosen by persons paying taxes and posses- 
 sins: freeholds of the clear value of fifty dollars, or rent- 
 ing tenements of the value of five dollars. 
 
 " The obvious injustice, and ascertained inutility of 
 this "regulation, together with other causes, led, in 1821, 
 to the call of a convention for the revision of our state 
 constitution. Of that convention I had the honor to be a 
 member ; and in the discharge of the duties imposed upon 
 me by that situation, I labored, and in conjunction with 
 a majority of the convention, labored successfully, to 
 abolish the freehold qualification. The principle which 
 I then advocated, and which was established by the 
 amended constitution, extended the right of voting for all 
 elective officers of the State Government to every citizen 
 who should contribute to the support of government, ei- 
 ther by the payment of taxes in money, or by labor on the 
 highways, or by service, according to law, in the militia. 
 The results of experience and the progress of liberal 
 opinions, soon led to a further extension ; and by an 
 amendment to the constitution finally adopted in 1826,^ 
 the right of suffrage was given to every male citizen of 
 full a«-e who shall have been an inhabitant of the State 
 for one year, and of the county for six months preceding 
 the election. This provision, however, does not extend 
 to persons of color, who, by the constitution of 1821, are 
 not allowed to vote, unless they have been, for three years, 
 citizens of the state, and for one year before the election, 
 seized and possessed of a freehold of the clear value of 
 two hundred and fifty dollars, and have been rated and 
 paid a tax thereon. 
 
 "The government of New York has, for several years, 
 been administered under the liberal system established by 
 the new constitution, and the still more liberal amend- 
 ment of 1826, in a manner which appears to have been 
 satisfactory to the people. It is possible that there may 
 be some who regret the extension of the right of suffrage, 
 and who would be gratified by the revival of the old 
 
MARTIN VAN BUREN. 187 
 
 qualifications ; but I do not believe that such a feeling is 
 entertained by any considerable portion of our citizens. 
 I am very sure that any attempt to restrict the exercise of 
 the right, and more especially to restore the freehold 
 (Qualification, would be put down by an overwhelming 
 majority. 
 
 By the old constitution of New York, no dis- 
 tinction was made with regard to color in the 
 qualifications of electors. In the Convention of 
 Amendments, a proposition to restrict the right of 
 voting to white citizens, was rejected by a vote of 
 sixty-three to fifty-nine. A long and eloquent de- 
 bate preceded this rejection : Mr. Van Buren did 
 not participate in the debate, but voted with the 
 majority. At a subsequent period in the business 
 of the Convention, when the qualifications of elec- 
 tors were fixed, the blacks were excluded from 
 the right of voting, unless possessed of a freehold 
 estate, of the value of two hundred and fifty dol- 
 lars, and were exempted from taxation to a cor- 
 responding extent. This provision, which contin- 
 ues to be a part of the constitution of New York, 
 received his assent in the following remarks. 
 
 " Mr. Van Buren said he had voted against a total and 
 unqualified exclusion, for he would not draw a revenue 
 from them, and yet deny to them the right of suffrage. — 
 But this proviso met his approbation. They were ex- 
 empted from taxation until they had qualified themselves 
 to vote. The right was not denied, to exclude any por- 
 tion of the community who will not exercise the right of 
 suffrage in its purity. This held out inducements to in- 
 dustry, and would receive his support."* 
 
 ♦ Debates in New York Convention, p. 376. 
 
188 THE LIFE OF 
 
 The state of New York exhibits a fair example 
 of the effects of the utmost latitude of suffrage. 
 With the largest city in the Union ; with a ve- 
 ry extensive territory ; with an increasing tide 
 of foreign immigrants ; with a strong infusion of 
 party excitements, she has adopted a rule of qual- 
 ification for the elective franchise, which rejects 
 no man who has resided one year in her territoiy, 
 and six months in any of her counties. 
 
 Her distinguished prosperity ; the nobleness of 
 her public works and institutions ; the excellence 
 of her laws and of her judicial tribunals ; the pre- 
 vailing morality and good order of her citizens ; 
 the security afforded by her laws to all the rights of 
 the citizen, and her great political influence in the 
 Union, conspire to demonstrate the utter fallacy 
 of those fears which are entertained by many, of 
 the evils of Universal suffrage, and form an unan- 
 swerable refutation of all arguments for restricting 
 the political rights, or infringing the political equal- 
 ity of the people. Give man the privileges and 
 rights which belong to the species, and he will 
 prove himself worthy of them. He will rise to 
 the dignity he may be left to sustain ; he will find 
 scope and exercise for those qualities of the head 
 and heart which belong, alike, to all liumanity. 
 Degrade and oppress him, and he becomes a de- 
 mon and a brute. 
 
 Another matter of great importance, and which 
 occupied a large portion of the attention of the 
 Convention and called forth some of the ablest 
 speeches in that body, was the mode of electing 
 
MARTIN VAN BUREN. 189 
 
 justices of the peace. The importance of this of- 
 fice was strongly stated by Mr. Van Buren, on 
 one occasion, in the following words. He said 
 " the amount of business before the justices of the 
 peace, in this state, is five times as great as all the 
 business before the other courts. On this point, it 
 appeared to him, there was no room for diversity 
 of opinion : the truth of this statement could be as- 
 certained by a reference to their proceedings. 
 They were equally important as it respected crim- 
 inal justice." 
 
 The committee on the appointing power had re- 
 ported in favor of the election of justices of the 
 peace, in every town, by the people. Mr. Van Bu- 
 ren strenuously opposed this proposition, both in 
 the select committee of which he was chairman, 
 and in the Convention. His objection was, that 
 magistrates, thus elected, would be too much 
 under the influence of local, party feelings. He 
 proposed that the board of supervisors, in each 
 county, should nominate a suitable number of jus- 
 tices of the peace, and also, the respective courts 
 of common pleas ; and that from these two lists 
 of nominations, the Governor should make the ap- 
 pointment. As the views of Mr. Van Buren on 
 this subject have been somewhat misrepresented, 
 and as the matter, itself, is one of great importance 
 in every state, the following explanations of his 
 opinions are subjoined. 
 
 Mr. Van Buren said ;— « 
 
 " It was not to be disguised, that that part of the report 
 before the committee, relating to the appointment of jus- 
 
190 THE LIFE OF 
 
 tices of the Peace, was by far the most important feature 
 in the report — if that was settled, the remaining part oi it 
 would be got along with very easily. Some had thought 
 these magistrates ought to be elected ; but he had at all 
 times been opposed to their election ; and if he did not 
 deceive himself, the force of remarks of gentlemen in fa- 
 vor of their election, had excited doubts in the mind of 
 every man, as to the propriety of such a measure. He 
 concurred in the opinion which had been expressed as to 
 the impropriety of electing the higher oflicers of state, be- 
 cause their duties were important ; and it was to be fearetl 
 that it would have a tendency to render their judgment 
 subservient to their desire for a continuance in office. 
 This was the principal argument which had been used. 
 If there were other reasons he did not know what they 
 were. 
 
 " The amount of business before the Justices of the 
 Peace in this state, was five times as great, as all the 
 business before the other courts — on this point, it appeared 
 to him there was no room for a diversity of opinion — the 
 truth of this statement could be ascertained by a reference 
 to their proceedings. They were equally important as it 
 respected criminal justice. 
 
 " As to the probable effect upon their independence, 
 there is no room for a comparison. The Judges of the 
 Supreme Court are elected for a long term of time ; should 
 the people become dissatisfied, even whole counties, these 
 officers might not feel the effects of their displeasure till 
 after a long time had elapsed ; but apply this to Justices 
 of the Peace, who administer justice in the immediate 
 presence of their constituents, and are exposed to the daily 
 scrutiny of those upon whom they are dependent ; who 
 are cognizant of all they do ; and have the power of pas- 
 sing judgment on them. If they are not satisfied Avith 
 them, they must forfeit their offices. 
 
 " What could the single arm of a chief magistrate of 
 the state do towards supi)ressing a rebellion ? It must be 
 effected through the interposition of this inferior magis- 
 tracy. He was willing to go as far as many man, in en- 
 deavoring to curtail dangerous patronage in distinct bodie.-* 
 of men ; but lie would not go so far as to cut every cord 
 that binds together the people and the government."* 
 
 * Debates in the New York Convention, p. 321. 
 
MARTIN VAN BUREN. 191 
 
 On another occasion he pursued the same sub- 
 ject in the following remarks. 
 
 "Mr. Van Buren said he would briefly reply to some of 
 the observations which had fallen from the honorable gen- 
 tleman from Columbia, (Judge Van Ness,) and would 
 also add a few words in answer to the suggestion of his 
 venerable friend from (iueens, (Mr. King.) 
 
 "The honorable gentleman from Columbia had exam- 
 ined and discussed the matter with a degree of zeal and 
 ability proportionate to the very deep interest he naturally 
 took in it : in one respect, he said, he fully accorded with 
 him — that in the formation of a constitution of govern- 
 ment, they ought to divest themselves of the influence of 
 party. All agree in deprecating party spirit, and many 
 have admonished us, that we cannot be too scrupulously 
 cautious on this subject: he was well satisfied, that, if we 
 all practised upon our own precepts — if we did, in fact, 
 smother all feelings of party, it could not be possible that 
 we should have so much difficulty in providing for the ap- 
 pointment of justices of the peace. 
 
 "He could not suppress his apprehension that the imme- 
 diate eflect on the political interests of the state, of which 
 his amendment was supposed susceptible, had called forth 
 much of the opposition it had to contend with. He did 
 not. pretend to be more exempt from the influence of party 
 feelings than others; but he would not fail on all occa- 
 sions, to act openly and above board, and assign the true 
 motives of his vote and conduct. 
 
 "The gentleman from Columbia had said, that as yet, 
 we had done nothing for the people — that we had not 
 given them any greater share of influence in the selection 
 of their local officers, than they had before enjoyed. That 
 gentleman's solicitude for the privileges of the people is 
 commendable : but, said Mr. V. B. is the assertion true, 
 sir? If it was, it would be a matter worthy of serious 
 consideration. But, he continued, it is not correct. In 
 the first place, they had given to the people, the right of 
 choosing more than eight thousand militia officers : Was 
 this nothing? But we were told that the public care 
 nothing about this right! In this respect, too, the gentle- 
 man was greatly in error. There was no subject on 
 which men felt a more lively interest. Let a militia offi- 
 cer be improperly superseded or supplanted, and they 
 
192 THE LIFE OF 
 
 would find that it was a matter of no small interest or 
 concern with the people. What has induced our respec- 
 tive chief magistrates to travel out of the ordinary course, 
 and indulge in the granting of brevet commissions, if there 
 was no solicitude in regard to military appointments? 
 There was, he said, great anxiety on this subject. 
 
 "There are, said Mr. Van Buren, about 6600 civil officers 
 in this state. Of this number, by the report of the select 
 committee it was proposed to leave three thousand six 
 hundred, for which, in consequence of their liability to 
 frequent changes, no constitutional provision was made 
 by the committee, to be-appointed in such a manner as the 
 legislature shall designate. Was this nothing ? If the 
 people desire to have these officers elected, they will send 
 to the legislature, such men as will obey their Avishes in 
 this respect ; if they are not made elective, it will be be- 
 cause the people do not wish it ; and they can, in this 
 way, bring home to themselves the choice of these three 
 thousand six hundred officers. 
 
 "With respect to the residue of the number, it was pro- 
 posed to leave it with the supervisors of the counties, to 
 nominate as many candidates for each town as there were 
 magistrates to be appointed in them respectively : And 
 that the judges of the courts of common pleas should in 
 like manner nominate for each town ; if they agreed, the 
 officers on whom they so agreed, should be thus appoint- 
 ed, and so far only as they disagreed, the lists should be 
 sent to the Governor ; from these lists it should be left to 
 the executive to select. The lists presented by the super- 
 visors, would very generally be in accordance with the 
 sentiments of the people, and it must be supposed that 
 they would consult their wishes and views on the sub- 
 ject. And is this, asked Mr. Van Buren, giving chaff to 
 the people ? 
 
 "We have, sir, continued he, challenged gentlemen to 
 show, why it would not be as fit, and proper to elect the 
 higher judicial officers, as magistrates for the towns ; no 
 ansAver had been given to this enquiry, because none could 
 be given. It must be perfectly obvious, that every con- 
 sideration that would be urged in favor of electing jus- 
 tices of the peace, would apply in favor of having the 
 judges of the higher tribunals also elective ; and that even 
 fewer objections exist to having those courts selected in 
 this way ; this had not been mentioned as a threat, that a 
 proposition of that nature would be made ; but as an argu- 
 ment to shew the impropriety of having any judicial offi- 
 
MARTIN VAN BUREN. 193 
 
 cers elected, in order to test the sincerity of some gentle- 
 men's solicitude for the people. In this we are consistent 
 throughout: the inconsistency was on the part of those 
 who were for having the higher judicial officers appointed, 
 and the justices of the peace elected. 
 
 "We do not, sir, said Mr. V. B, deny the competency of 
 the people to make a proper choice ; this argument has 
 heen unfairly and untruly stated. Those who oppose the 
 election of justices, do not do so because they have any 
 distrust of the people. The objection to having them 
 elected, did not flow from that consideration ; but was 
 with respect to the officer elected. It was because the 
 magistrate would of necessity be acquainted with all, who 
 opposed and who supported him. This would more or 
 less bias his mind in favor of those, to whom he owed his 
 election. It would be giving the rich and powerful a 
 great advantage over the poor; and even, if it did not, it 
 would excite jealousy and suspicion of unfairness on his 
 part ; which in its operation, would be nearly as prejudi- 
 cial to the public peace, as if real injustice Avas done. 
 These were the reasons, which had led him, and others, 
 to doubt the propriety of having magistrates elected. 
 The gentleman from Columbia, however, has told us, that 
 there can b^ no danger from a want of independence, or 
 from the partiality of magistrates — he says their conduct 
 will be watched, and they will not dare to act improperly. 
 Watched by whom ? By those whom they intend to fa- 
 vor, and who will be able, and willing to screen them 
 from harm, and support them against the efforts of injured 
 and oppressed poverty, to procure redress ! ! But the de- 
 fendant may call a jury if he has not confidence in the 
 justice : a mighty boon, truly ! Am I to tell the gentle- 
 man from Columbia, how little advantage a jury is to a 
 party, if the court is against them ? How, sir, is he to 
 get his facts, on which he relies before the jury ? Is not 
 the court the crucible through which they have to pass, 
 before they get there? And does not daily experience 
 prove, that in civil causes, the court can in almost every 
 case, regulate the verdict of the jury, by the exclusive pow- 
 er they possess, to decide all questions of law? Again, 
 we are told that where injustice is done by the magis- 
 trate, the party injured, may obtain redress by means of a 
 certiorari! This w^as a reason, he said, he had hardly 
 expected to have heard from that quarter : the gentleman 
 from Columbia, well knew, that the remedy by certiorari. 
 17 
 
194 THE LIFE OF 
 
 would not reach one in twenty cases where injustice had 
 been suffered. 
 
 "It is, said Mr. V. B. very desirable to restore peace and 
 quiet to the community: he was willing to do all in his 
 power to promote so worthy an object. But how was 
 this to be done '? Will the election of justices by the 
 people, have a greater tendency to remove strife, than the 
 project to have them selected in the manner proposed by 
 the amendment he had submitted? Rethought not. 
 
 "The gentleman from Columbia, says, this nomination 
 by the supervisors would create violence and strife in their 
 elections, when it is known that they were to present the 
 candidates to be appointed. But if the election of those, 
 who are merely to nominate, will create this violence and 
 strife, he could not perceive Avhy there should be less diffi- 
 culty, when the officers themselves, were to be directly 
 elected by the people. That they are important offices, 
 the gentleman has himself told us ; and he has also told 
 us that their election will call to the polls, all the farmers, 
 and men who have an interest in the due administration of 
 justice : and yet he would have us believe, that the elec- 
 tion of magistrates will produce no strife or angry con- 
 tests : This, said Mr. V. B. 1 cannot comprehend! It 
 was generally supposed that the degree of warmth and 
 strife at elections, was in proportion to the interest felt by 
 the electors in the result. 
 
 "He would add one word in reply to the remarks of the 
 honorable gentleman from Queens. lie would have the 
 people select the candidates by ballot, and that the names 
 of those having the highest number of votes, as also of 
 those who had the next highest, should be presented to 
 the courts of common pleas, who should be authorised to 
 appoint tlie requisite number from among the names thus 
 presented. The consequence of this w^ould be, that in 
 every town, there would be two setsof nominations of dif- 
 ferent politics, and it would create a strong temptation for 
 the judges to decide purely on party grounds; and so far, 
 therefore, from this being the means of allaying strife, it 
 would greatly increase it. But if the selection should be 
 made by the supervisors and the judges of the courts of 
 common pleas, it was morally certain, that in a vast ma- 
 jority of cases, the same persons would be recommended 
 by both, because they would be of the same politics. We 
 may, said Mr. V. B., speak of the practical operation of this 
 measure, founded on what we all know Avill happen from 
 tho parMality and attachment, which men of the sanif 
 
TJARTIN VAN BUREN. 195 
 
 political se.itiments have for each other, without incurring 
 the censure of being influenced by party motives in bring 
 ing forvi'-ard this proposition. It would operate sometimes 
 in favor of one party, and sometimes of another ; the great 
 object was to direct these party attachments to the selec- 
 tion of good men, and to secure the independence of the 
 magistrates — that the laws may be administered without 
 partiality, or suspicion of partiality. Where the supervi- 
 sors and judges were of the same politics, they would be 
 cautious to recommend none but men of fair characters, 
 and such as -were competent; and where they differed, 
 the Governor v/ould sele:;t; and in making this selection 
 he would consider himself bound, on all occasions, lotake 
 those who were of the same politics with himself; he 
 would most likely be disposed to deal liberally with his 
 opponents. 
 
 "The gcDtleman from Clueens, says we must cut asun- 
 der all connexion between the executive and the local au- 
 thorities. I am, sir, said Mr. V. B., in the habit of receiv- 
 ing his opinions with, great respect and deference, but on 
 the present occasion he was constrained to differ with 
 him. V\^hy, he asked, should this be done ? Is it for the 
 purpose of keeping out of his hands a patronage which 
 would add too much to his power? It was not for the ben- 
 efit of the chief magistrate that he would confer on him 
 this qualified power in the appointment of magistrates, but 
 for the advancement of the public good. Past experience 
 had proved, that povv-er of this kind added nothing to the 
 stability of the executive ; it gave him no strength, but, 
 on the contrary, w-as calculated to w^eaken him. We 
 have seen several examples in this state, where the posses- 
 sion of the power of appointment has destroyed its pos- 
 sessors. It was the case in 1807, 1811, 1813, and again 
 upon a very recent occasion. If these officers could be 
 elected by the people, consistently with their necessary in- 
 dependence, and the due administration of justice, he 
 v/ould, without hesitation, vote for it ; but he felt a strong 
 conviction that it was wrong in principle to elect judicial 
 oiiicers, and he was very confident its practical operation 
 would be unfavorable to the public interest. 
 
 "Such being his sincere opinion, he could not unite with 
 his honorable friend from Queens, to separate the execu- 
 tive entirely from the magistracy of the state, for the sole 
 purpose of destroving patronage and avoiding political in- 
 fluence. That power would be put in the hands of the ex- 
 ecutive, not for him'^elf', but to secure to the majority of 
 
106 THE LIFE OF 
 
 the people that control and influence in every section of 
 the state to which they are justly entitled. The execu- 
 tive is but their agent to carry their wishes into effect, and 
 this he does upon great responsibility. That supremacy 
 of the majority which it is proposed to surrender, is of vi- 
 tal importance to them. It is the just reward of their for- 
 titude, their patriotism and fidelity, in war, and in peace. 
 It has been hardly earned and fairly won, and they ought 
 to enjoy it. My feelings, sir, do not lead me to such a 
 course. My constituents have not authorised me to make 
 such a surrender, and I have no idea of usurping it. 
 
 "Look at the General Government : All its officers are 
 appointed by the general appointing power; no incon- 
 venience has grown out of this practice there — and we 
 have not heard that any one wished to have any change 
 in this part of the constitution of the United Slates. The 
 United States' officers, might be well chosen in the differ- 
 ent states ; still it never has been supposed proper to do 
 so, for the sole purpose of stripping the executive of pow- 
 er and influence. 
 
 "He was, he said, not only satisfied that it was proper 
 that there should be this connexion between the executive 
 and these local officers, but that the due administration of 
 justice, and the preservation of the public peace, required 
 it. He is charged with the execution of the laws; he 
 must execute them through the agency of magistrates : 
 and would not, he asked, this connexion promote this ob- 
 ject ? He would call the attention of gentlemen to the 
 state of things which existed during the late war ; he 
 would not do so for the purpose of reviving any improper 
 feelings; but to illustrate and enforce the propriety of the 
 sentiments he had advanced. It would be recollected by 
 all, what difficulties and embarrassments had been oc- 
 casioned by this want of connexion between the execu- 
 tive and the magistracy of the state. The council of ap- 
 pointment Avere at that time of different polities with the 
 executive, and all the officers of their appointment were 
 opposed to the war and its prosecution. The prejudice 
 which those collisions produced to the public service, and 
 the unceasing and unavailing complaints of the execu- 
 tive, of a want of co-operation of the public officers, surely 
 cannot so soon be forgotten. 
 
 "I am, therefore, said Mr. V. B., inasmuch as this p. wer 
 must be vested somewhere, for giving the control to the 
 majority of the state. If, in consequence of the avowal of 
 this sentiment, 1 subject myself to the charge of iutoler-- 
 
MARTIN VAN BUREN. 197 
 
 ance, I submit to it. My conscience acquits me of any 
 such motives. I feel that I may with safety appeal to my 
 political course for an ample refutation of such imputa- 
 tions ; and I cannot but think that the number of my polit- 
 cal adversaries, who would be constrained to exonerate 
 me, would not be inconsiderable. But, sir, these are mat- 
 ters ^vith which the committee have no concern ) they 
 will be no longer troubled with them — the question must 
 be tested by other considerations."* 
 
 Mr. Van Buren's amendment was finally re- 
 jected by a majority of two votes ; and, by the 
 provision finally adopted, the appointment was 
 vested solely in the board of supervisors and the 
 courts of common pleas ; which proposition, as it 
 approached very nearly to his own, received his 
 assent. 
 
 To present a complete view of the services of 
 Mr. Van Buren in the Convention, would make it 
 necessary to transcribe portions of almost every 
 page of its reports. On questions relating to the 
 right of franchise, the distribution of the appointing 
 power, the esecutive veto, and similar cardinal 
 points, involving important general principles and 
 reaching to the fundamental rights of the people, 
 full extracts have been presented. The views of 
 Mr. Van Buren, on these important and general 
 topics, it has seemed necessary and proper fully to 
 represent. With respect to minor points, refer^ 
 ring not to principles but practice, reference must 
 be made to the volume itself. 
 
 * Debates in the New York Convention, p, 339. 
 
 17* 
 
198 THE LIFE OF 
 
 It will have been seen by the extracts contained 
 in this volume, that Mr. Van Buren's leading sub- 
 ject of consideration w as the proper distribution of 
 the appointing power ; that he was in favor of a 
 Governor for two years, with a veto upon all laws 
 so far as to make their re-enactment by two-thirds 
 of both houses necessary to their passage against 
 iiis consent ; that he was opposed to a bill of rights, 
 as implying some higher authority than the peo- 
 ple ; that he was strenuously opposed to a free- 
 hold qualification for electors, and in favor of ex- 
 tending the right of suffrage to the utmost limit 
 which the people seemed ready to approve ; that 
 he approved of excluding the blacks from voting 
 without a free-hold interest of two hundred and fif- 
 ty dollars, to which extent they were also to be 
 free from taxation ; that, while he avowed the 
 principle that the dominant party should always 
 possess and exercise the official patronage, yet he 
 maintained, due regard in its distribution should 
 constantly be had for the rights of the minority ; 
 and that he was in favor of placing in the hands of 
 the people, the direct exercise of every right which 
 would not lead to the corruption of public officers. 
 On all occasions, he avowed the great principle, 
 which has ever guided his public conduct, of ex- 
 pressing so far as possible, the opinion of the peo- 
 ple : to the people, he always referred as the just 
 arbiters of all political measures and the only 
 source of legitimate authority, and in the intelli- 
 gence, capacity, and honesty of the people, he al- 
 ways exhibited the utmost confidence. 
 
MARTIN VAN BUREN. 199 
 
 The approbation with which his course in the 
 convention, was received by the people of the 
 state, affords another proof of his intuitive sense of 
 popular feehngs and popular rights, and of that in- 
 nate sympathy between his own feelings and the 
 common feelings of his fellow men, which consti- 
 tutes the secret of his success in political life, and 
 of the affection and confidence reposed in him. 
 
 It has been charged upon Mr. Van Buren that 
 he is the blind tool of party ; that he appears to be 
 supported by popular opinion, because, by a com- 
 bination of secret manoeuvres, he contrives to 
 mould and create that opinion ; that intrigue and 
 management are the only guides of his political 
 course, and that his success is the result of the ar- 
 tifices of a well-drilled corps of subalterns who are 
 bound to his interests, by selfish motives, and gui- 
 ded rather by motives of personal aggrandizement 
 than by a consideration of the public weal. 
 
 This charge has originated with men who have 
 no capacity, in their own natures, to appreciate the 
 true secret of his success ; men who have no spon- 
 taneous sympathy with the mass of their fellow- 
 men, but contemplate them, wholly, from a wrong 
 position ; who regard the mass of mankind as cor- 
 rupt and ignorant, and fit subjects of government 
 instead of legitimate sovereigns. With these mis- 
 taken views, no congeniality exists between their 
 own feelings and the feelings of humanity at large. 
 These politicians never meet popular expectation, 
 and consequently never succeed, except by acci- 
 dent, or hypocrisy, or the temporary misleading of 
 
•200 THE LIFE OF 
 
 popular judgment. Unable to appreciate the bond 
 of sympathy which unites the true democrat to 
 every member of the democratic family ; unwil- 
 ling to be content, like him, to gather public senti- 
 ment and make it their supreme rule of action, re- 
 gardless of personal preferences or private aggran- 
 dizement; they are engaged in a perpetual struggle 
 against the strong sense of the great mass of their 
 fellow-men, a struggle which, notwithstanding all 
 their artifice, finally prostrates all their schemes of 
 ambition. It is natural for them to ascribe the su- 
 perior success of the truly great man, to superior 
 adroitness in the same contemptible and unnatural 
 warfare in which they have sought success them- 
 selves. Conscious of their own secret motives to 
 obtain influence, and not apprehending that integ- 
 rity and penetration in the people which leads to 
 their ow^n defeat, while it discriminates and adopts 
 the honest patriotism of others, — they constantly 
 mistake the true causes of political success, and 
 amid mortification and failure, come to regard all 
 public men as dishonest and all political life as a scene 
 of intrigue and corruption. The observance of 
 two plain rules would be of great service to these 
 men ; firsts to be honest and patriotic themselves, 
 and, second, to rely on the honesty, capacity and 
 patriotism of the people. 
 
 The whole public course of Mr. Van Buren is a 
 refutation of the imputations which are cast upon 
 him from this quarter. He has never been seen 
 to sacrifice his views of the public weal to schemes 
 of self-aggrandizement, or to the violent dictates of 
 
MARTIN VAN BUREN. 201 
 
 party spirit. An eminent illustration of the truth 
 of this assertion may be selected from his course 
 in the convention to amend the constitution. 
 
 The justices of the supreme court of the state of 
 New York, by the former constitution, were made 
 members of the Council of revision ; a provision 
 which connected them, closely, with party politics. 
 During the period which preceded the amend- 
 ments of the constitution, the bench of the supreme 
 court was filled with men who had, all their lives 
 been active partizans and who mingled their party 
 principles and prejudices with the discharge of 
 their duties as members of the Council of revision 
 and even as public administrators of justice. They 
 had opposed, thwarted, and reviled the measures 
 of the democracy, with unceasing violence ; and 
 notwithstanding the high respect which their tal- 
 ents and learning, in many instances, commanded, 
 they had incurred, by their partizan activity, the 
 strongest antipathy of the friends of popular rights. 
 
 It was the natural consequence of their perse- 
 verance in such high-handed measures, that the 
 tenure of their offices should be hazarded, when it 
 came into the hands of an assembly so strongly de- 
 mocratic as the Convention to amend the consti- 
 tution. The wrongs, which the leading republi- 
 cans in the Convention had suffered, at the hands 
 of the supreme court, were fresh in their memo- 
 ries ; the evils which had flown from the party vi- 
 olence of the court, were notorious, and it is not 
 surprising that an effort was made to introduce 
 such a modification of the constitution, as should 
 
202 THE LIFE OF 
 
 remove from power, the obnoxious individuals 
 who had thus perverted the high duties of their 
 official station. It is easy, however, for the calm 
 observer to see that a measure having reference 
 to the mere removal of obnoxious pubHc officers, 
 hardly came within the legitimate action of a Con- 
 vention, assembled to amend the great charter of 
 a people's rights, and furnish a permanent rule of 
 government for a great state. 
 
 On this ground, Mr. Van Buren, rising above 
 temporary and personal considerations, and laying- 
 aside the influence of party feelings and the recol- 
 lection of private injuries and persecution, — oppos- 
 ed a re-organization of the judicial department, the 
 only effect of which, wouid have been, the dis- 
 placement of the judges then in office. In his 
 views of duty or this occasion, he differed from his 
 personal friends, and from the most distinguished 
 members of that great party of which he was the 
 acknowledged leader. His course, however, was 
 so evidently the result of principle, and so obvious- 
 ly free from personal considerations and self- 
 ish motives, that he lost no share of the respect 
 and confidence of his old and valued friends, who, 
 at this painful juncture, lost the benefit of his sup- 
 port. The following extracts from his speech on 
 this occasion, will explain the disinterested motives 
 by which he was governed, and will show the in- 
 justice of laying to his charge an adherence to par- 
 ty, to the sacrifice of principle. 
 
MARTIN VAN BUREN. 203 
 
 '• Mr. Van Baren said, the true and only quej>tion pre- 
 sented by the amendment offered }3y the president, was, 
 whether this committee were prepared to insert an article 
 in the constitution, for the sole purpose of vacating the 
 offices of the present chancellor and judges of the supreme 
 court, to separate them from the other olficers in the state, 
 and to apply to them a rule, which had not as yet been ap- 
 plied in a single instance. Gentlemen might atterrpt to 
 disguise the matter as they would ; it Vv'as in vain to hope 
 that it could be understood by the people in any other 
 light. A moment's consideration must satisfy gentlemen, 
 that such was the case. If the Convention had changed 
 the organization of the courts, there would be a propriety 
 in providing for the reappointment of the judges — but this 
 they had not done. The court of chancery was placed by 
 the amendment on precisely the same footing as it now 
 stood in the constitution. How, then, could it be gravely 
 contended, that its introduction into the amendment was 
 for any other purpose than to get rid of the incumbent ? 
 The only alteration made in the supreme court, (if that 
 could be called one,) was the authority given to the Le- 
 gislature to reduce the number of judges. This, he said, 
 was a power they now possessed, by withholding salaries 
 from all above the number they desired. But assuming 
 that it was in fact an alteration, can the gentlemen from 
 Delaware and Saratoga, flatter themselves with the hope, 
 that this trifling alteration can possibly, with an intelligent 
 public, exempt the amendment they support from the im- 
 putation of being a mere personal measure, having, and 
 being intended to have, a personal bearing, and no other? 
 But to put this matter at rest, let the gentlemen give to 
 their proposition the shape of their argument. If, say 
 they, the Legislature should alter the number, then a re- 
 appointment will be proper ; and to meet such a case, 
 they submit a proposition which requires a re-appoint- 
 ment at all events. Let them say, in their amendment, 
 that ifdi change of the number of the judges is ultimately 
 effected, iJien the offices of the present incumbents shall 
 be vacated. Then, and then only, will they be entitled to 
 the benefit of their argument. That, however, he knew 
 would not answer their views. But why reason upon this 
 subject ? The gentlemen have, as in the select commit- 
 tee, thrown off all disguise, and say these offices ought to 
 be vacated ; and it is their desire that the constitution 
 should be made to bend to that purpose. Mr. Van Buren 
 said he had stated that the amendment went to apply this 
 
204 THE LIFE OF 
 
 rule of vacating commissions, exclusively to our highest 
 judicial offices. This, he said was strictly true with re- 
 gard to the attorney-general, secretary of state, surveyor- 
 general, and comptroller. Their offices had not heen va- 
 cated. The only provision which had been made Avas lo 
 provide for appointments in case of vacancies. The same 
 might be said of the canal commissioners, and of every 
 other office in the state. * * * 
 
 "The matter therefore being clear, that the only effect 
 of the amendment would be to turn out of office the pres- 
 ent incumbents, he submitted to the convention whether 
 it would be either just or wise to do so. He submitted 
 it, he said, particularly to that portion of the convention, 
 who would be held responsible for its doings, and who 
 would in a political point of view, be the chief sufferers 
 by a failure of the ratification of their proceedings by the 
 people. He warned them to reflect seriously on this most 
 interesting matter. He directed their attention to the 
 never ending feuds and bitter controversies which would 
 inevitably grow out of a loss of the amendments adopted 
 by the convention. He knew well, he said, how apt, 
 men placed in their situation, heated by discussions, and 
 sometimes pressed by indiscreet friends, were to suffer 
 their feelings to be excited, and to lead them into measures 
 which their sober judgments would condemn. It was 
 their duty to rise superior to all such feelings. He asked 
 them to reflect for a moment, and then answer him, 
 whether, when they left home, they had ever heard the 
 least intimation from their constituents, that instead of 
 amending the constitution upon general principles, they 
 were to descend to pulling down obnoxious officers 
 through the medium of the convention : and he asked 
 them Avhether they were not sensible of the great danger 
 of surprising the public at this advanced stage of the ses- 
 sion, when the greatest uneasiness already prevailed, by 
 a measure so unexpected. There was, he said, no neces- 
 sity for, or propriety in, this measure. They had already 
 thrown wide open the doors of approach to unworthy in- 
 cumbents. They had altered the impeaching power; 
 from two thirds to a bare majority. They had provided 
 also that the Chancellor and Judges should be removable 
 by the vote of two thirds of one branch, and a bare ma- 
 jority of the other. The judicial officer who could not 
 be reached in either of those ways, ought not to be touch- 
 ed. There were therefore no public reasons for the 
 measure, and if not, then why are we to adopt it ? Ccr- 
 
MARTIN VAN BUREN. 205 
 
 tainly not from personal feelings. If personal feelings 
 could or ought to influence us, against the individual who 
 would probably be most atfected by the adoption of this 
 amendment, Mr. Van Buren supposed that he above all 
 others, would be excused for indulging them. He could 
 with truth say, that he had through his whole life been 
 assailed from that quarter, with hostility, political, profes- 
 sional, and personal — hostility which had been the most 
 keen, active and unyielding. But, sir, said he, am I on 
 that account, to avail myself of my situation as a repre- 
 sentative of the people, sent here to make a constitution 
 for them and their posterity, and to indulge my individu- 
 al resentments in the prostration of my private and polit- 
 ical adversary. He hoped it was unnecessary for him to 
 say, that he should forever despise himself if he could be 
 capable of such conduct. He also hoped that that senti- 
 ment was not confined to himself alone, and that the con- 
 vention would not ruin its character and credit, by pro- 
 ceeding to such extremities."* 
 
 A similar magnanimity of spirit has controlled 
 the whole public life of Mr. Van Buren, of which 
 a memorable example occurred at a later period, 
 in reference to Mr. Clay's nomination as secretary 
 of state. It has never been reciprocated, howev- 
 er, by his political opponents. 
 
 * Debates in the New York Convention, p. 535. 
 
 18 
 
CHAPTER XI 
 
 Mr. Van Buren's course in the Senate of the United 
 States. His viexos on the subject of Imprisonment 
 for Debt. 
 
 It will be our duty, now, to accompany Mr. 
 Van Buren to a more dignified and broader thea- 
 tre of action. On the third day of December 
 1821, he took his seat as Senator of the United 
 States, having been appointed by the Legislature 
 of New York, the February preceding. He was, 
 at that time just entering upon the thirty-ninth 
 year of his age. 
 
 We have, thus far, followed him through a labo- 
 rious course of political and professional duties, in 
 his native state, for more than twenty years. We 
 have seen him advancing in his professional career, 
 first to the crpital of his county, and then of the 
 state, and finally, filling for several years, her 
 highest law oflice. We have seen the progress of 
 his political ascendency, first in his native village, 
 
208 THE LIFE OF 
 
 then in the county, and finally throughout this 
 same great state. We have seen him advance, 
 by industry and perseverance, in his professional 
 course to the pinnacle of his ambition, in despite of 
 manifold disadvantages and discouraging ob- 
 stacles. We have seen the same indefatigable 
 exertion, the same unwearied zeal, the same con- 
 sistency and integrity of character, winning the 
 confidence of the political party to which he ad- 
 hered, until he had gained a share in their affec- 
 tions and a claim on their grateful respect, which 
 rarely falls to the lot of any man. 
 
 His progress had been natural, open and rea- 
 sonable ; the consistent result of honesty, exertion 
 and talent. It is true his laborious and extended 
 legal practice had furnished him with resources of 
 learning, and readiness in argument, which, if view- 
 ed only in their full display, at the moment of ma- 
 turity, were fitted to excite admiration and sur- 
 prize. So also his long study of the human heart, 
 his great experience in pohtical matters and his 
 pre-eminent good sense had given him a power of in- 
 terpreting the popular will, and of uniting, har- 
 monizing and directing the feelings of those with 
 whom he acted, which few men ever attain to. 
 
 No wonder, therefore, that superficial observers, 
 looking only at the admirable results of his riper 
 experience, and neglecting the laborious discipline 
 by which he had attained them, ascribed his unri- 
 valled political ascendency, and the firmness of his 
 hold upon the affections of the people, to some se- 
 cret, magical influence, some mysterious and un* 
 
MARTIN VAN BUR EN. 209 
 
 discoverable spell, entirely foreign to the true 
 cause. 
 
 This shallow prejudice was much strengthened 
 when Mr. Van Buren was seen to rise, at his first 
 entrance into the Legislature of the nation, to the 
 same commanding influence he had long main- 
 tained in the councils of his native state. They 
 who ascribed his success at home, not to the labo- 
 rious exertion of superior talent during nearly a 
 quarter of a century, but to intrigue, artifice and 
 corruption, looked forward to his early confusion 
 and defeat in the United States' Senate : an as- 
 sembly in which ability, only, can secure influence 
 
 and respect. 
 
 But at this point also, as at every other in his 
 
 political career, his enemies were doomed to dis- 
 appointment. His varied intellectual resources, 
 natural and acquired, began to command their ap- 
 propriate respect, almost upon his first entrance 
 into the Senate ; and before the termination of the 
 first session of his service, he had established, in 
 that high body, which ever embraces some of the 
 most distinguished men in the nation, a reputation 
 surpassed by few of its oldest members. 
 
 To furnish a complete view of Mr. Van Bu- 
 ren's services in the Senate of the United States, 
 during the seven years he was a member, would 
 be to transcribe a large portion of its proceedings. 
 I shall, therefore, classify as far as possible, the 
 various subjects upon which his opinions were ex- 
 pressed, during his service in the Senate, and shall 
 endeavor, by extracting some portions of his 
 18"^ 
 
210 THE LIFE OF 
 
 speeches and by a careful analysis of others, to 
 present an accurate view of his political senti- 
 ments on each important question, and to exhibit, 
 with clearness, to the reader, the leading features 
 of his senatorial career. 
 
 On the 17th of December, he was elected a 
 member of the committee on finance and also of 
 the committee on the judiciary. Shortly after- 
 wards, he became chairman of the latter commit- 
 tee, a position which he retained during his con- 
 tinuance in the Senate. His first remarks in the 
 Senate were on the claim of the Marquis De 
 Maison Rouge : a claim which involved the title 
 to about half a million acres of the public lands. 
 This claim was discussed on the 12th of February, 
 1822. Mr. Van Buren spoke nearly two hours, 
 but the discussion involved too few general princi- 
 ples to justify an extract from his speech. On 
 this debate the National Intelligencer remarked : 
 " the debate was able, and, in the course of it, two 
 of the new members, Mr. Southard and Mr. Van 
 Buren, came forward with a display of much tal- 
 ent and with considerable effect, though on oppo- 
 site sides." During the same session he made re- 
 marks, among other topics, on the apportionment 
 bill ; on the French land claims in Louisiana, and 
 the settlement of difficulties between the states ; 
 and on paying salaries to pubhc officers who were 
 indebted to the United States. 
 
 At an early period of his public service, as a 
 member of the Senate of New York, he introduced 
 into that assembly, a bill to abolish imprison- 
 
MARTIN VAN BUREN. 211 
 
 ment for debt, except in cases of fraud, malicious 
 injury or gross breach of trust. He strenuously 
 brought forward this proposition several years in 
 succession, and finally obtained for it the approba- 
 tion of the Senate. It however failed in the house 
 of Representatives. The principle was eventually 
 incorporated into the jurisprudence of New York, 
 but not until many years after Mr. Van Buren's 
 removal into the councils of the nation. 
 
 In compliance with his views entertained at this 
 early period, so soon as he became a member of 
 the United States' Senate, he co-operated, actively, 
 with Richard M. Johnson, in attempting to ingraft 
 the same great principle upon the jurisprudence 
 of the United States. 
 
 Accordingly, we find him as early as January 
 1823, taking a deep interest in the bill proposed by 
 Col. Johnson, and offering sundry amendments 
 and modifications which were likely to do away 
 objections to the measure and improve its practical 
 operation. 
 
 On the 16th of March, 1824, two of these 
 amendments were discussed : one allowed the 
 debtor to be held to bail, on proof, by two witnesses 
 that he was about to leave the country ; the other 
 provided that upon charge of fraudulent conceal- 
 ment of property, the fact was to be tried by a 
 jury, and if found to be true, execution was to is- 
 sue against the body of the creditor. 
 
 In connection with this subject he made a few re- 
 marks, the substance of which, as imperfectly re- 
 
2VZ LIFE OF MARTIN VAN BUREN. 
 
 ported, has already been laid before the public. 
 Having on a former occasion introduced an expli- 
 cit declaration of his views on this subject, it will 
 not be necessary to repeat them at the present 
 time. 
 
CHAPTER XII. 
 
 Mr. Van Buren proposes to amend the constitution of the 
 United States so as to keep the choice of President 
 and Vice President from the House of Representa- 
 tives. Extract from his speech on that subject. 
 
 The reader's attention will next be directed to 
 Mr. Van Buren's views with regard to the mode 
 of electing the President and Vice President of 
 the United States. 
 
 In his action on this subject, he appears to have 
 set out with the conviction that there was the ut- 
 most necessity of removing the election, if possi- 
 ble, from the house of Representatives. By the 
 present system, when the election comes into the 
 house, the small states are on an equality with the 
 large ; and this is the source of their objection to 
 an amendment referring the ultimate choice to 
 electors. To meet the surrender of this right, on the 
 part of the small states, Mr. Van Buren proposed 
 to divide the states into as many districts as its 
 number of electors ; each district to choose an 
 
214 THE LIFE OF 
 
 elector ; the electors to vote for President and 
 Vice President, and in case of no choice, upon be- 
 ing again convened by the President, to vote for 
 one of the two highest candidates, and then in 
 case of no choice, the election to go to the house 
 of Representatives, as at present. 
 
 This proposition was, in substance, sustained by 
 Mr. Van Buren through three successive sessions 
 of Congress. As the subject is still in agitation 
 and is among the most important upon which pub- 
 lic opinion is to be formed, an extract from Mr. 
 Van Buren's remarks at the time of introducing his 
 amendment will here be subjoined. 
 
 " Having said this much upon that branch of the subject, 
 Mr. Van Buren would proceed to state briefly another 
 point, in which the proposition he offered differed essen- 
 tially from the others proposed, and in which difference 
 was involved a principle in the government, as important, 
 in his view, as any which had for some time been discus- 
 sed on that floor. In doing so, it was a subject of gratifi- 
 cation to him, that this principle had no reference to the 
 relative and conflicting interest of the states in the confed- 
 eracy, but looked equally to the welfare and security of 
 all. To a correct understanding of the point, he wished 
 to present, it became necessary to take abrief view^ of the 
 principle upon, and the circumstances under which, our 
 present form of government was established. Under 
 the articles of confederation, the representation of each 
 state in the General Government was equal. The Un- 
 ion was in all respects purely federal, a league of sove- 
 reign states upon equal terms. To remedy certain defects, 
 by supplying certain powers, the convention which fram- 
 ed the present constitution was called. That convention, 
 it is now well known, was immediately divided into par- 
 ties, on the interesting question of the extent of power to 
 be given to the new governments : whether it should be 
 federal or national ; whether dependent upon or inde- 
 pendent of the state gorermnents. It is equally well 
 known that that point, after having several times arrest- 
 
MARTIN VAN BUREN. 215 
 
 ed the proceedings of the convention, and threatened a 
 dissolution of the confederation, subsequently divided the 
 people of the states on the question of ratification. He 
 might add, that with the superadded question of what 
 powers have been given by the constitution to the federal 
 government, to the agitation of which the feelings which 
 sprung out in the convention greatly contributed, it had 
 continued to divide the people of this country down to 
 the present period. The party in the convention in favor 
 of a more energetic government, being unable to carry, or, 
 if able, unwilling to hazard the success of the plan with 
 the states, a middle course was agreed upon. That was, 
 that the government should be neither federal nor national, 
 but a mixture of both. That of the Legislative Department, 
 one branch, the power of representation should be wholly 
 national, and the other, the Senate, wholly federal. That 
 in the choice of the Executive, both interests should be 
 regarded, and that the Judicial should be organized by the 
 other two. But, to quiet effectually the apprehensions of 
 the advocates for the rights and interest of the slates, it 
 was provided that the General Government should be 
 made entirely dependent for its continuance, on the will 
 and pleasure of the state governments. Hence, it was 
 decided that the house of Representatives should be ap- 
 portioned among the states, with reference to their popu- 
 lation, and chosen by the people ; and power was given to 
 Congress to regulate and secure their choice, independent 
 of, and beyond the control of the state governments. 
 That the Senate should be chosen exclusively by the 
 State Legislatures, and that the choice of the electors of 
 President and Vice President, although the principle of 
 their apportionment was established by the constitution, 
 should in all respects, except the time of their appoint- 
 ment and of their meeting, be under the exclusive control 
 of the Legislatures of the several states. The scheme of 
 government thus formed, was submitted to the people of 
 the respective states, through their Legislatures, for rati- 
 fication. For a season its ratification was warmly oppos- 
 ed in almost every state. Although the control over the 
 choice of but one branch, of one department of the gov- 
 ernment, was vested in Congress, danger to the rights of 
 the states was every where apprehended, and the ques- 
 tion of ratification of the constitution rendered extremely 
 doubtful. 
 
 " To stem this torrent of opposition, the most distin- 
 guished commentators on the proposed plan (the author* 
 
216 THE LIFE OF 
 
 of the federalists) placed strongly and truly before the 
 people of the states, the fact of the dependence of the 
 General upon the state governments, and the constitutional 
 right of those governments, or even a majority of them, 
 if the power they had conferred should be abused, to dis- 
 continue the new government by withholding its Senate 
 and Chief Magistrate. Among other things they said — 
 ' the state governments may be regarded as constituent 
 and essential parts of the Federal Government, whilst the 
 latter is no wise essential to the operation or organization 
 of their power. Without the intervention of the State 
 Legislatures^ the Preside7it of the bnited States can- 
 not be elected at all. They must in all cases have a great 
 share in his appointment, and will perhaps, in most cases 
 themselves determine it. The Senate will be elected abso- 
 lutely and exclusively by the state Legislatures. Even the 
 House of Representatives, though drawn immediately from 
 the people, will be chosen very much under the influence of 
 that class of men whose influence over the people obtains 
 for themselves an election into the state Legislatures. 
 Thus each of the principal branches of the Federal 
 Government will Otoe its virtue more or less to the favor 
 of the state governments and must consequently feel a 
 dependence which will be 'much more likely to beget a 
 disposition too obsequious than too overbearifig toioard 
 them.'' The ratification by a sufficient number of the 
 states was obtained. On reference, however, to the 
 proceedings of the state conventions, it will be seen, 
 that in several of the states, the control by Congress, over 
 the choice of Representatives merely, was strongly remon- 
 strated against. That amendments were proposed for its 
 qualilication, by the states of South Carolina, North 
 Carolina, Virginia, Massachusetts, New Hampshire, 
 Rhode Island and New York. That most of them re- 
 solved that it should be a standing instruction to their 
 delegates in Congress, to endeavor to effect that and oth- 
 er amendments proposed. The proposition of the gentle- 
 man from New Jersey, to which Mr. Van Buren had al- 
 luded, would, if adopted, break an important link in the 
 chain of dependency of the general upon the state govern- 
 ments. It would surrender to the General Government all 
 control over the election of President and Vice President, 
 by placing the choice of electors on the same footing 
 with that of Representatives. It would at this time be 
 premature to go into a minute examination of the provis- 
 ions of the resolution alluded to, to show that such would 
 
MARTIN VAN BUREN. 217 
 
 be its effects. Upon examination, it will be found that 
 sucliiwould be its construction. That it does in sub- 
 stance what another proposition, upon their table, origi- 
 nating in the other house, does in words. But even was 
 there doubt upon that subject, that doubt should be re- 
 moved by an express provision, reserving to the states 
 their present control over the election, except as to what 
 is particularly provided for in the resolution now propos- 
 ed. If it is fit to take from the states their control over 
 the choice of electors of President and Vice President, 
 and give it to the Federal Government, it would be equal- 
 ly proper, under the popular idea of giving their election 
 to the people, to divide the slates into districts for the 
 choice of Senators, as was proposed in the convention, 
 and give to Congress the control over their election also. 
 If the system be once broken in upon in this respect, the 
 other measure will naturally folloAV, and we will then 
 have what was so much dreaded by those who have gone 
 before us, and what he feared would be so much regret- 
 ted by those who come after — a completely consolidated 
 government — a government in which the state govern- 
 ments would be no otherwise known or felt than as it be- 
 came necessary to control them. To all this, Mr. Van 
 Buren Avas opposed. He was so, because it was a matter 
 not necessary or fitly connected with the subject under 
 consideration ; that being a question between the states 
 themselves, as to their relative interest — a question which 
 might and ought to be settled, and leave their relation to the 
 Federal Government as it stands at present. The other 
 is a question betAveen the states, collectively, and the Fed- 
 eral Government, affecting most materially the relation 
 they noAV bear to each other. But, even if it Avere pre- 
 sented under different circumstances, he Avould oppose it. 
 Because, hoAvever ardent his attachment to the Federal 
 Government, and hoAvever anxious he might be to sus- 
 tain it, in the exercise of the poAvers giAxn to it by the 
 constitution — and, in that respect, he Avould, he trusted, 
 go as far as any man ought to go — he was unAvilling to 
 destroy or even to release its dependence on the state 
 governments. At the time of the adoption of the federal 
 constitution, it Avas a question of much speculation and 
 discussion, which of the two governments Avould be most 
 in danger from the accumulation of influence by the 
 operation of the powers distributed by the constitution. 
 That discussion Avas founded on the assumption that 
 tiiey were, in several respects, rival powers, and that such 
 19 
 
218 THE LIFE OF 
 
 [)owers would always be found in collision. The best 
 lights which could then be thrown upon the subject, were 
 derived from the examples afforded by the fates of several 
 of the governments of the old world, which were deem- 
 ed to be, in some respects, similar to ours. But the gov- 
 ernments in question having operated upon, and been ad- 
 ministered by, people whose habits, characters, tempers, 
 and conditions, were essentially different from ours ; the 
 inferences to be derived from that source were, at best, 
 unsatisfactory. Mr. Van Buren thought that experience, 
 the only unerring criterion by which matters of this de- 
 scription could be tested, had settled for us the general 
 point of the operation of the powers conferred by the 
 constitution upon the relative strength and influence of 
 the respective governments. It was, in his judgment 
 susceptible of entire demonstration, that the federal con- 
 stitution had worked a gradual, if not an undue, increase 
 of the strength and control of the General Government, 
 and a correspondent reduction of the influence, and, con- 
 sequently, of the respectability of the state governments. 
 The evidence in support of this position was abundant, 
 and, if the matter should come under full discussion, 
 could be readily afforded. He thougJit, further, that ex- 
 isting causes, which were every day gaining force, would, 
 for the future more rapidly increase that operation. He 
 considered the qualified dependence of the General upon 
 the state governments, as their strong arm of defence to 
 protect them against future abuses. Under that view of 
 the subject, he was opposed to so material a change of 
 the present condition of the respective governments, as 
 v/ould be produced by the amendment to which he ob- 
 jected. He was in favor of leaving matters in that re- 
 spect, as they stood. Under this impression Mr. Van 
 Buren had prepared a resolution which avoided the de- 
 fect attaching to that of the gentleman from New Jersey ; 
 requiring the contemplated division of the states into dis- 
 tricts, to be co-extensive with the number of electors in- 
 stead of Representatives, and, at the same time, secured 
 the great object upon which he had been commenting." 
 
 The proposition to amend met with but little fa- 
 vor, in the house of Representatives, and on the 8th 
 of May 1826, we find Mr. Van Buren reluctantly 
 
MARTIN VAN BUREN. 219 
 
 consenting to its postponement to another session, 
 but pledging himself to persist in sustaining it in 
 the following words : 
 
 " Mr. Van Buren said, he would if his life was spared, 
 unite his exertions with those of the Chairman, to press 
 the matter to a favorable conclusion early in the next ses- 
 sion ; and notwithstanding that the question would have 
 to be decided by the same house of Representatives, he 
 would do so in full confidence, that their labors would be 
 crowned with complete success. He would briefly state 
 his reasons for that belief He was satisfied that there 
 was no one point on v/hich the people of the United 
 States were more perfectly united, than upon the proprie- 
 ty, not to say, indispensable necessity, of taking the elec- 
 tion of President from the house of Representatives. 
 The experience under the Constitution, as it stands, as 
 well formerly as recently, had produced that impression, 
 and he considered the vote of the house of Representa- 
 tives as the strongest manifestation of its existence. In 
 that respect, it would be of value, but beyond that, it could 
 produce no results. Although it could, he thought, be 
 satisfactorily sheAvn, that the small slates would, if noth- 
 ing more was done, be better oif than they are under the 
 constitution, as it stands, still all experience has shewn 
 that they do not think so. There is no reason to believe 
 that they will ever consent to give up the power they 
 now have without an equivalent, Avithout a resort to the 
 principle upon which the constitution was founded, that 
 of compromise. The equivalent with Avhich they would 
 be satisfied, with Vv'hich they ought to be satisfied, is the 
 breaking up of the consolidated strength of the large 
 states, by the establishment of the district system. It is 
 in vain, therefore, for gentlemen to be, or to affect to be, 
 in favor of taking the election from the house, unless 
 they are willing to do that also, without Avhii:h the lead- 
 ing object cannot be effected ; without that, all is empty 
 profession. We must, for the purpose of the election, 
 make all the states of the same size, which would be the 
 effect of the district system, and then, and then only, can 
 we give the election of President and Vice President to 
 the people, preserve the purity of the system, and in real- 
 ity, restore the balance of power among the states to the 
 footing on which it stood at the adoption of the ronstitu- 
 
220 LIFE OF MARTIN^VAN BUREN. 
 
 tion. Believing that the desire to take the election from 
 the house had sunk deep in the public mind, knowing 
 the all powerful agency which public sentiment fortu- 
 nately had in our government, he had the strongest hopes 
 that the correct sentiment which now happily existed 
 upon this one point would be able to carry the other with 
 it. He hoped, and believed, that the people of the United 
 States woulrl, in the coming recess, in all constitutional 
 forms, express their opinion upon this subject. If they 
 did so, and if they really desire the election of their Chief 
 Magistrate, and were true to themselves, another session 
 would not pass by, without an opportunity being furnished 
 to the states to express their opinion upon this most inter- 
 esting subject ; a subject with which, in his opinion, the 
 future welfare of the country, and the liberties of its citi- 
 zens, were more closely connected than any other which 
 had been agitated in Congress since the adoption of the 
 constitution." 
 
CHAPTER XIII, 
 
 Mr. Van Buren's proposed ametidment of the Judiciary 
 system of the United States. His speech on the 
 Judiciary system. 
 
 As chairman of the committee on the Judiciary, 
 that department received a large share of Mr. Van 
 Buren's attention and engrossed a large amount of 
 his labors. Various bills were reported, at differ- 
 ent times, of which the object was to extend the 
 benefit of the Circuit Courts to the western states. 
 Two great principles were chiefly contended for 
 in the Senate ; one went to establish District 
 Courts to the necessary extent, to exercise the 
 functions of the present Circuit Courts ; and to 
 relieve the judges of the Supreme Court from any 
 other duties than holding a revisory court in Wash- 
 ington. The other plan proposed to add to the 
 number of judges of the Supreme Court, and re- 
 quire them to travel on the several circuits, as at 
 present. 
 
 19* 
 
222 THE LIFE OF 
 
 The first bill reported by Mr. Van Buren as 
 Chairman of the Judiciary Committee, on the 11th 
 of March 1824, was on the former principle. It 
 did not, however, meet favor in the Senate, and if 
 it ever had the approbation of Mr. Van Buren, he 
 afterwards became decidedly averse to a separa- 
 tion of the Supreme Court from the Circuits. On 
 the 9th of January 1826, he reported, from the 
 judiciary committee, a bill which established three 
 new circuits and added three new judges to the 
 Supreme Court. His speech in explanation and 
 support of this bill, delivered in the Senate on the 
 7th of April following, is one of the most elaborate 
 and eloquent to be found in the debates of that 
 body. In the outset of this truly great speech, he 
 states, with his usual distinctness and brevity, the 
 necessity of some alteration in the existing system. 
 This was embraced under three heads. 
 
 1st. The great accumulation of business in the 
 Supreme Court : 
 
 2d. The unfinished business in the Circuit com- 
 posed of Ohio, Kentucky, and Tennessee : 
 
 3d. The exclusion of six states, viz. Illinois, Mis- 
 souri, Indiana, Alabama, Mississippi and Louisiana, 
 from the benefits of the Circuit Court. 
 
 These positions were illustrated by a most im- 
 posing array of facts, collected with great industry 
 and arranged in the most lucid and forcible order. 
 
 After thus exhibiting the evil to be remedied, 
 and commenting upon the intrinsic diflftculties 
 which attended every alteration of the present 
 system, he entered into a full examination of the 
 
# MARTIN VAN BUREN. 223 
 
 various remedies proposed. He strenuously ob- 
 jected to all schemes which involved a separation 
 of the Supreme Court from the Circuits ; as it 
 Vi^ould withdraw them from the power of public 
 opinion, a power which he characterized " as the 
 most honest and best of all powers," and would 
 render the court an appendage of the national 
 government, in the highest degree dangerous to 
 the states. The attention of the reader is earnest- 
 ly requested to the following extracts from this 
 speech ; they depict the enormous powers of the 
 Supreme Court and its constant tendency to am- 
 plify its jurisdiction, in the clearest colors ; at the 
 same time, the tone of remark is free from asper- 
 ity, and characterized by great respect for the 
 important tribunal whose functions were under 
 examination. The speaker's first object is to show 
 the impolicy of separating the Supreme Court 
 from the Circuits. 
 
 " By the present Judiciary act it is provided, ' that the 
 laws of the several states, except Avhere the constitution, 
 treaties, or statutes of the United States, shall otherwise 
 require or provide, shall be regarded as rules of decision 
 in trials at common law, in courts of the United States, 
 in cases where they apply.' 
 
 " In many, if not most, of the controverted cases be- 
 tween individuals, of which the Federal Courts derive 
 jurisdiction from the character of the parties, the titles 
 under which they claim, or from other sources, the local 
 or state law forms the rule of decision. An intimate 
 knowledge of that is, therefore, an indispensable qualifi- 
 cation for a judge of the Supreme Court, The difhculty 
 of acquiring and retaining it is infinitely greater than 
 would, on first impression, be supposed. Of the twenty- 
 four states, there are not two whose laws, affecting the 
 rights of persons and property, are, in all respects, the 
 
2*M THE LIFE OF ^ 
 
 same. Between many the differences are as great as is 
 usual between states on different continents. Each has 
 an established system, wholly unconnected with its sister 
 states. The system is composed of portions of the En- 
 glish common law, adopted with various modifications 
 and alterations, of more or less of the principle of the 
 English equity system, of the statutes of the states, and 
 the constructions which have, from time to time, been 
 put upon them by the state judicatories. It is true that 
 these are all to be found in books, but Ave well know how 
 little apt men are, when they can avoid it, to study sub- 
 jects of this description, and men of experience in these 
 things know the extreme difficulty, not to say impractica- 
 bility, of making one's self at all familiar with them in 
 any other way than by actual practice in the courts, either 
 in examining them for argument, or in deciding them 
 from day to day. * * "^^ 
 
 '' There is another consideration belonging to this 
 branch of the subject, entitled to great weight. It is im- 
 possible, with the best intention on the part of the execu- 
 tive branch of the government, to avoid bad appointments. 
 Influence and favoritism sometimes prevail, and to a want 
 of correct information the government is always exposed. 
 Incompetent men, therefore, will sometimes be appoint- 
 ed. If confined to the discharge of term duties only, the 
 country may be saddled with them during their whole 
 lives. They might assent or dissent at terms, and the 
 kindness of their brethren, and their respect for the char- 
 acter of the court, would induce them to do as the rest. 
 But the case is greatly otherwise, if they are obliged to 
 preside at Circuits, to discharge their high duties in the 
 face of the people, unaided by their brethren of the bench. 
 There is a power in public opinion in this country, "and I 
 thank God for it;" for it is the most honest and best of all 
 powers, which will not tolerate an incompetent or unwor- 
 thy man to hold in his Aveak or wicked hands, the lives 
 and fortunes of his fellow-citizens. This power operates 
 alike upon the government and the incumbent. The for- 
 mer dare not disregard it, and the latter can have no 
 adequate Avish that they should, when he once knows the 
 estimation in Avhich lie is held. This public ordeal, 
 therefore, is of great value ; in my opinion, much more 
 so than Avhat has, Avith some propriety, been called the 
 scare-crow of the constitution, the poAver of impeach- 
 ment. 
 
MARTIN VA\ BUREN. 225 
 
 '^' But there is still another view of the subject, bearing, 
 with irresistible force, against the separation of the Justi- 
 ces of the Supreme Court, under any circumstances, from 
 the Circuit Courts, and against the adoption of any sys- 
 tem, which, though it does not directly, may, ultimately, 
 lead to that result. * * * 
 
 '• Hitherto, the justices of the Supreme Court have re- 
 sided in the states, and with a single individual excep- 
 tion, within their respective Circuits, Before the act of 
 1802, because the principal part of their business was 
 there ; since 1802, because the law made it their duty. 
 If other provision is made for holding the Circuits, the 
 whole business of the justices of the Supreme Court 
 would be done here, and, sooner or later, tliey would, in 
 the natural course of things, all move to, and permanently 
 reside at, the seat of Government. 
 
 " From that result, inferences, of a contrary character, 
 but uniting in deprecating its policy, are drawn. Some 
 think they see in it danger to the Court, others apprehend 
 danger from the Court. In my judgment both are right. 
 
 "It has been justly observed elsewhere, that 'there ex- 
 ists not upon earth, and there never did exist, a judicial 
 tribunal clothed with powers so various and so important, 
 as the Supreme Court. * * -^ 
 
 " Not only are the acts of the National Legislature sub- 
 ject to its review, but it stands as the umpire between the 
 conflicting powers of the General and state Governments. 
 That wide field of debatable ground between those rival 
 powers is claimed to be subject to the exclusive and ab- 
 solute dominion of the Supreme Court. The discharge 
 of this solemn duty has not been unfrequent, and certain- 
 ly, not uninteresting. In virtue of this power, we have 
 seen it holding for naught the statutes of powerful states, 
 which had received the deliberate sanction, not only of 
 their Legislatures, but of their highest Judicatories, com- 
 posed of men venerable in years, of unsullied purity, and 
 unrivalled talents, statutes, on the faith of which immense 
 estates had been invested, and the inheritance of the wid- 
 ow and the orphan were suspended. You have seen 
 such statutes abrogated by the decision of this Court, and 
 those who had confided in the wisdom and power of the 
 state authorites, plunged in irremediable ruin. Decisions, 
 final in their effect, and ruinous in their consequences. I 
 speak of the power of the Court, not the correctness or 
 incorrectness of its decisions. With that we have here 
 nothing to do. 
 
226 THE LIFE OF 
 
 "But this is not all. It not only sils in final judgment 
 upon our acts, as the highest legislative body known to 
 the country ; it not only claims to be the absolute arbiter 
 between the federal and state governments, but it exer- 
 cises the same great power between the respective states 
 forming this great confederacy, and their own citizens. 
 By the constitution of the United States, the states are 
 prohibited from passing ' any law impairing the obliga- 
 tion of contracts.'' This brief provision has given to the 
 jurisdiction of the Supreme Court a tremendous sw^eep. 
 Before I proceed to delineate its tendency and character, 
 I will take leave to remark upon some extraordinary cir- 
 cumstances in relation to it. We all know the severe 
 scrutiny to which the constitution Vv^as exposed. Some 
 from their own knowledge, others from different sources. 
 We know with what jealousy, with what w^atchfulness, 
 with what scrupulous care its minutest provisions were 
 examined, discussed, resisted, and supported, by those 
 who opposed, and those who advocated its ratification. 
 But, of this highly consequential provision, this provision 
 which carries so great a portion of all that is valuable in 
 state legislation to the feet of the federal judiciary, no 
 complaints were heard, no explanations asked, no re- 
 monstrances made. If there were, they have escaped my 
 researches. It is most mysterious, if the constitution 
 was then understood, as it now is, that this was so. An 
 explanation of it has been given, how correct I know 
 not. 
 
 "The difficulties which existed betAveen us and Great 
 Britain relative to the execution of the treaty of peace, 
 are known to all. Upon the avowed ground of retalia- 
 tion for the refusal of England to comply with the stip- 
 ulation on her part, laws w^ere passed, between the years 
 1783 and 1788, by the states of Virginia, South Carolina, 
 Rhode Island, New Jersey, and Georgia, delaying execu- 
 tion, liberating the body from imprisonment on ihe deliv- 
 ery of property, and admitting executions to be discharged 
 in paper money. Although those laws w^ere general in 
 their terms, applicable as well to natives as to foreigners, 
 their chief operation was upon the British creditors, and 
 such was the leading design of their enactment. England 
 remonstrated against them as infractions of the stipula- 
 tion in the treaty, that creditors, on either side, should 
 meet with no impediments to the recovery of the full 
 value, in sterling money, of all debts previously contract- 
 ed, and attempted to justify the g/arin<r violations of flio 
 
MARTIN VAN BUREN. 227 
 
 treaty, on her part, on that ground. An animated discus- 
 sion took place between the federal government and 
 Great Britain, and between the former and the states in 
 question, upon the subject of the laws referred to, their 
 character and effect. It was during this time that the 
 constitution was formed and ratified. It is supposed that 
 the difficulties, thus thrown in the way of adjustment 
 with England, through the acts of the state governments, 
 suggested the insertion in the constitution of the provision 
 in question, and that it was under a belief that its chief 
 application would be to the evil then felt, that so little 
 notice was taken of the subject. 
 
 " If it be true, that such was its object, and such its 
 supposed effect, it adds another and a solemn proof to 
 that which all experience has testified, of the danger of 
 adopting general provisions for the redress of particular 
 and partial evils. But, whatever the motive that led to 
 its insertion, or the cause that induced so little observa- 
 tion on its tendency, the fact of its extensive operation is 
 known and acknowledged. The prohibition is not con- 
 fined to express contracts, but includes such as are impli- 
 ed by law, from the nature of the transaction. Any one, 
 conversant with the usual range of state Legislation, will, 
 at once, see how small a portion of it is exempt, under 
 this provision, from the supervision of the seven judges 
 of the Supreme Court. The practice under it has been 
 in acccrdance with what should have been anticipated. 
 
 " There are few states in the Union, upon whose acts 
 the seal of condemnation has not, from time to time, been 
 placed by the Supreme Court. The sovereign authori- 
 ties of Vermont, New Hampshire, New York, New Jer- 
 sey, Pennsylvania, Maryland, Virginia, North Carolina, 
 Missouri, Kentucky and Ohio, have, in turn, been rebuked 
 and silenced, by the over-ruling authority of this Court. 
 I must not be understood, sir, as complaining of the exer- 
 cise of this jursidiction by the Supreme Court, or to pass 
 upon the correctness of their decisions. The authority 
 has been given to them, and this is not the place to ques- 
 tion its exercise. But this I will say, that, if the question 
 of conferring it was now presented for the first time, I 
 should unhesitatingly say, that the people of the states 
 might, Avith safety, be left to their OAvn Legislatures, and 
 the protection of their own Courts. 
 
 " Add to the immense powers of which I have spoken, 
 those of expounding treaties, so far, at least, as they bear 
 upon individuals, citizens, or aliens, of deciding contrO' 
 
228 THE LIFE OF 
 
 vergies between the states ©f the confederacy themselves, 
 and between the citizens of the different states, and the 
 justice of the remark will not be questioned, that there 
 is no known judicial power so transcendently omnipotent 
 as that of the Supreme Court of the United States ! 
 
 " Let us now, for a few moments, consider the influ- 
 ence which this ought to have upon our legislation. It 
 would not be in accordance with the common course of 
 nature to expect that such mighty pow^ers can long con- 
 tinue 10 be exercised, without accumulating a weight of 
 prejudice that may, one day, become dangerous to an in- 
 stitution vi^hich all admit to be of inestimable value. It is 
 true, as has elsewhere been said, with apparent triumph, 
 that the states, whose legislative acts have successively 
 fallen under the interdiction of the Court, have excited 
 little or no sympathy on the part of their sister states, 
 and, after struggling with the giant strength of the Couri^ 
 have submitted to their fate. But, sir, it is feared that 
 this will not always be the case. Those who are most 
 ardent in their devotion to this branch of the government, 
 knowing the feelings produced by these decisions in the 
 states affected by them, sensible that those feelings are 
 rather smothered than abandoned, upon conviction of 
 iheir injustice, fear that, by adding another and another 
 state to the ranks of those who think they have reason ta 
 complain, an accumulation of prejudice may be produc- 
 ed, that will threaten, if not endanger, the safety of the 
 institution. 
 
 " Seeing, and feeling, and fearing this, they, with wise 
 and patriotic foresight, wish to adopt every measure 
 which will retain and increase, as far as practicable, the 
 general confidence in the Court, and to avoid such as. 
 may, by possibility, have a tendency to weaken it. No 
 reflecting man can doubt, that the residence of the judges 
 of the Supreme Court in the states, being subject in their 
 persons, family, and estates, to the laws of the state, por- 
 tions of their families, as is frequently the case, members 
 of the state governments, and themselves only temporari- 
 ly absent, going in and out before the people of the states,, 
 and commanding their confidence by the purity of their 
 lives, and the mcJesty of their demeanor, enforcing and 
 expounding their ^wn decisions in the face of the differ- 
 ent classes of the community at the Circuits, and in free 
 and familiar intercourse with those who have such great 
 influence in giving a proper direction to public opinion on 
 legal subjects, must have an infinitely greater tendency 
 
MARTIN VAN BUREN. 229 
 
 to enable the judges to sustain themselves in the honest 
 discharge of their high duties, than if they were cut off 
 from all connection with the states. Greater than if they 
 were settled in this metropolis, and to the great mass of 
 the people of the states unheard and unseen, but felt in 
 their power, through the remotest borders of the Union ; 
 and how felt, sir? Not as is the case with the other 
 branches of the government, in extending favors, in mu- 
 nificent grants and all the various measures of relief, — no, 
 sir, always on one side, and not unfrequently on all sides, 
 their measures are regarded as harsh and vindictive. 
 Their business is to punish the guilty, to restrain the vi- 
 cious, to curb power, and to correct its excesses. Such 
 acts are necessary to the well-being, to the very exist- 
 ence of society, but are not those which have the strong- 
 est tendency to conciliate popular favor. It is to effect 
 this object, in part, that the friends of the bill, as I can- 
 not but think wisely so, zealously resist every measure 
 which will or may separate the Justices of the Supreme 
 Court from the Circuits, and bring them to this city. 
 
 " But this is not the only, or the most interesting view, 
 which may be taken of the subject. The political cha- 
 racter of the Court, so far as it becomes its duty to pass 
 on the laws of the respective states, affecting personal 
 rights, has already been referred to. A few cursory ob- 
 servations upon the character and tendency of its juris- 
 diction, so far as it relates to the powers of the general 
 and state governments, considered as independent, and, 
 in many respects, rival states, will conclude my remarks 
 on this branch of the subject. 
 
 " The unfortunate extent of the grounds of collision be- 
 tween the respective governments, has already been re- 
 ferred to. It was beyond the wit of man, in the constitu- 
 tion of a government like ours, to have wholly avoided it, 
 and it can only be lessened by mutual forbearance and 
 explanatory amendments. He must be but a superficial 
 observer of events, who is not sensible that it is a subject 
 which is every day attracting more of public attention and 
 solicitude. There are those, sir, and they are neither 
 small in number, nor light in character, who think that 
 the uniform tendency of the political decisions of the Su- 
 preme Court has been to strengthen the arm of the Gener- 
 al Government, and to weaken those of the states. Such 
 men think that danger to the state governments is to be 
 apprehended from permanently fixing the Judges of the 
 Supreme Court at the seat of the federal government. 
 20 
 
230 THE LIFE OF 
 
 They fear, (to use an expression, which, though not literally 
 applicable here, still so well conveys the idea) that it 
 would be ' establishing a power behind the throne 
 stronger than the throne itself.' Thus thinking, they 
 commenced, as far back as the now vindicated, but for- 
 merly much abused, act of 1802, to confine the Justices 
 of the Supreme Court to their respective Circuits, and 
 that course has been persevered in to the present day. 
 They think the inevitable tendency of a change would 
 be for the worse, that, if the Judges come here under the 
 eye of the government, prominent parties as they always 
 must be to all collisions between the respective govern- 
 ments, they could not fail to embark more strongly in the 
 feelings of men in power here, than they now do. 
 
 •' Sir, this has become a subject on which it is difficult 
 for one to speak without unpleasantly encountering the 
 strong opinions entertained on different sides of the ques- 
 tion. On the one hand, expressions of distrust and dis- 
 satisfaction are heard, of a character so strongly marked, 
 as to defeat their object and recoil upon their authors. 
 On the other, a sentiment, I had almost said, of idolatry 
 lor the Supreme Court, has grown up, which claims for 
 its members an almost entire exemption from the fallibili- 
 ties of our nature, and arraigns with unsparing bitterness 
 the motives of all who have the temerity to look with in- 
 quisitive eyes into this consecrated sanctuary of the law. 
 So powerful has this sentiment become, such strong hold 
 has it taken upon the press of this country, that it re- 
 quires not a little share of firmness in a public man, how- 
 ever imperious may be his duty, to express sentiments 
 that conflict with it. It is nevertheless correct, sir, that 
 in this, as in almost every other case, the truth is to be 
 found in a just medium of the subject. To so much of 
 the high-wrought eulogies, (which the fashion of the times 
 has recently produced in such great abundance) as allows 
 to the distinguished men who now hold in their hands 
 that portion of the administration of public affairs, talents 
 of the highest order and spotless integrity, I cheerfully 
 add the very humble testimony of my unqualified assent. 
 That the uncommon man who now presides over the 
 Court, and who I hope may long continue to do so, is, in 
 all human probability, the ablest Judge now sitting upon 
 any judicial bench in the world, I sincerely believe. But 
 to the sentiment, which claims for the Judges so great a 
 share of exemption from the feelings that govern the con- 
 duct of other men, and for the Court the character of 
 
MARTIN VAN BUREN. 231 
 
 feeing the safest depository of political poioer, I do not 
 subscribe. I have been brougnt up in an opposite faith, 
 and all my experience has confirmed me in its correct- 
 ness. In my legislation upon this subject, I will act in 
 conformity to those opinions. I believe the Judges of the 
 Supreme Court, (great and good men as I cheerfully con- 
 cede them to be,) are subject to the same infirmities, in- 
 fluenced by the same passions, and operated upon by the 
 same causes that good and great men are in other situa- 
 tions. I believe they have as much of the esprit dii corps 
 as other men, those who act otherwise, form an erroneous 
 estimate of human nature '. and if they act upon that esti- 
 mate, will, soon or late, become sensible of their delu* 
 sion. 
 
 I conscientiously believe, that, to bring the Judges of 
 the Supreme Court to the seat of the General Govern- 
 ment, and making them, as it were, a part of the admin- 
 istration, for such, it is to be feared, would soon be its 
 effect, would bode no good to the state governments. 
 With feelings for the General Government, as I humbly 
 hope, purely catholic, I firmly believe, and my daily ex- 
 perience confirms that conviction, that much, very much 
 of the present prosperity of the country and its institu- 
 tions, depends upon the successful action of the state 
 governments, and that the preservation of their rightful 
 powers is the sine qua non of our future welfare. I will 
 not, therefore, give my assent to any measure which may 
 still further disqualify the states to sustain themselves in 
 those collisions of power which are unavoidable, and ia 
 which the situation of the parties is already so unequal. 
 I believe a different disposition of the Judges of the Su- 
 preme Court from that provided by this bill, would have 
 such effect, and I am, therefore, most decidedly opposed 
 to it. Sir, it would be strange if the tendencies of this 
 high tribunal were not such as I have supposed ; unless, 
 indeed, they were more or less than men. It is not only 
 made by this government, and sustained by this govern- 
 ment, its members not only owe to it all they have and 
 are to be, but they are the only portion of it that is perma- 
 nent, that is beyond the reach of any power known to the 
 constitution. The billows of faction may run mountains 
 high, and yet not reach them. The indignant voice of an 
 abused people may, at stated periods, sweep by the board 
 every other portion of the men in power, may take from 
 them the little brief authority under which they have 
 strutted their busy hour upon the stage, and cause them 
 
232 THE LIFE OF 
 
 to be seen no more, but the Supreme Court alone, ' can 
 never be palsied by the will of its constituents.' And, 
 sir, all things considered, it is best that it is so." 
 
 The above remarks of Mr. Van Buren are de- 
 serving of the most serious attention of the Ameri- 
 can people: for, in the view of the present writer, the 
 powers, attempted to be exercised by the supreme 
 court, w ithin the last few years, are cause of the 
 most serious alarm. A majority of that court ap- 
 pears to have acted, steadily, on the antiquated 
 maxim, " hoiii est judicis amplificare jurisdictio- 
 nem" and the whole tenor of their decisions, for 
 more than a quarter of a century, has been to 
 strengthen and extend their own powers, and to 
 bring the several state governments, in subjection 
 to the federal government. They have recognized 
 the alarming doctrine of implied powers in the 
 constitution, flowing from a latitudinarian con- 
 struction of that instrument : they have abrogated 
 state laws, and lent their influence to sustain the 
 constitutionality of a national bank ; they have, on 
 a recent occasion, placed themselves in array 
 against the authority of a state, on (questions rela- 
 ting to the local administration of criminal justice 
 in that state, and their friends have claimed for 
 them the right of dictating to the co-ordinate, ex- 
 ecutive department of the government, its duties 
 and responsibilities, when a compliance with that 
 dictation would have involved the country in civil 
 war. 
 
 The firmness of the present venerable chief ma- 
 gistrate has rescued the country, in a great de- 
 
MARTIN VAN BUREN. 233 
 
 gree, from the evil consequences of these danger- 
 ous principles ; but it is certainly true that the great 
 body of the American people have been led, by 
 the high handed doctrines of the court, to favor 
 such a modification of that department of the go- 
 vernment, as shall bring it within the power of 
 public opinion, and check its encroachments upon 
 the rights of the states and of the other depart- 
 ments of the government of the United States, 
 
 20* 
 
CHAPTER XIV, 
 
 Speech of Mr. Van Buren on the establishment of a uni- 
 form system of Bankruptcy. — Brief remarks on the 
 public lands. — E.xtracts from his speech on the coloni- 
 al trade. 
 
 In the winter of 1827, the attention of Congress 
 was much occupied with a bill to establish a uni- 
 form system of bankruptcy. The term bankrupt, 
 in England, is confined to persons engaged in com- 
 mercial operations, and the English bankrupt laws 
 apply only to that class. By the ninety-third sec- 
 tion of the bill proposed in the Senate, the provis- 
 ions of the act were to extend to all classes, as 
 well as to merchants. Mr. Van Buren, on sever- 
 al occasions, took an active part in discussing the 
 general bill : his sentiments on the general ques- 
 tion, and on the particular section above mention- 
 ed, are contained in the following brief extract 
 from a speech delivered on the 23d of January 
 1827. 
 
 On a motion to strike out the ninety-third sec- 
 tion : 
 
236 THE LIFE OF 
 
 "Mr. Van Buren said, that, as the decision of the im- 
 mediate question before the Senate would control his 
 course on the final passage of the bill, he felt himself con- 
 strained to state the principles which would govern him 
 in the vote he was about to give. He might not, he said, 
 be as sanguine in his expectations of the benefits to be 
 anticipated from the establishment of an uniform system 
 of bankruptcy, as some of his colleagues of the commit- 
 tee ; but he was not less anxious than they that such a 
 measure should receive the sanction of Congress at the 
 present session. He was aware of the serious and impos- 
 ing objections that had heretofore been made to the sys- 
 tem, and that would always be made, whenever its esta- 
 blishment was attempted. He was sensible of the argu- 
 ment that was to be derived from the unfortunate result of 
 the only experiment that had been made upon the subject 
 by the federal Government. He was, notwithstanding, 
 willing to repeat it. He felt so disposed, not only because 
 he was satisfied that a great proportion of his immediate 
 constituents desired it, but because he believed their 
 claim upon Congress for the exercise of its constitutional 
 • powers in this respect, could be sustained on the ground 
 of policy as well as justice. * * * 
 
 " But, said he, when I say I am in favor of a bankrupt 
 system, I mean to be understood as speaking of a bankrupt 
 system in the language of the constitution, and such as 
 was in contemplation by the framers of that instrument. 
 All the other provisions of the bill, he said, were of that 
 character, and had met his approbation in the committee. 
 The 93d section was not, and had never received his sanc- 
 tion. It was an insolvent, and not a bankrupt law. It 
 was such a bill as Congress had no right to pass. He 
 said, he was aware of the ingenuity which had been, and 
 might again be used, to confound the bankrupt and insol- 
 vent systems — an ingenuity which had before, and might 
 again, embarrass the question as to the relative powers of 
 the federal and state Governments. He was conscious 
 of the difficulty, (difficulty arising from the decisions of the 
 Courts, and the frequency and contrariety of legislation 
 in England) that existed in laying down a clear and un- 
 exceptionable rule of discrimination between bankrupt 
 and insolvent laws. For the present, at least, he should 
 not attempt it. He would content himself with the gen- 
 eral declarations — that, for nearly three hundred years, 
 the two systems had been kept distinct in England : That 
 they differed in their origin, object, and provisions, and 
 
MARTIN VAN BUREN. 237 
 
 had always, there and here, been executed by different 
 tribunals : That, at the time of the adoption of the Con- 
 stitution, they were known and distinguished, both in 
 England and in this country, as distinct systems — the one 
 having for its object to afford a summary and speedy re- 
 medy for creditors against fraudulent or failing traders ; 
 the other affording relief to insolvent debtors of all de- 
 nominations. The constitution of the United States, he 
 said, had clothed the National Legislature with power to 
 establish the former, and had left the right to pass, and 
 the duty of establishing the latter upon the state govern- 
 ments. The 93d section of this bill, he said, was, upon 
 any definition that might be given of the different terms, 
 an insolvent law. If it passed, that is, if Congress had 
 the constitutional power to pass it, the states had no right 
 to pass any law upon the subject of insolvency ; not even 
 to authorize the discharge of debtors imprisoned, upon a 
 process issuing out of their own courts, otherwise than as 
 it might suit the pleasure or convenience of Congress to 
 permit. There was, he said, no middle ground. If the 
 partition wall between bankruptcy and insolvency was 
 once broken down, all state legislation was subjected to 
 the absolute and arbitrary supervision of Congress. He 
 did not believe that such was the design of the framers of 
 the constitution. He did not believe that such was the 
 constitution. He, therefore, objected to the constitution- 
 al power of Congress to pass the section referred to. He 
 had before said, that he rose to explain, not to discuss, and 
 he would not depart from the course he had marked out 
 for himself. He would, therefore, only add, that, in his 
 judgment, the provision contained in the 93d section, was 
 not within the reasons which induced the framers of the 
 constitution to vest this power of establishing uniform 
 laws on the subject of bankruptcies, in Congress. That it 
 was a power which never ought to be, or to have been, 
 vested in Congress. That it could only be well and suc- 
 cessfully executed by the states, where those who made 
 the constitution had left it. That its exercise would oper- 
 ate most injuriously upon the system which governed the 
 Union and the states separately. Those mischiefs Avould, 
 among other things, consist in an injurious extension of 
 the patronage of the federal government, and an insup- 
 portable enlargement of the range of its judicial power. 
 It was not his purpose to specify. He would only say, 
 that, if this section passed, it would be perfectly idle to 
 think of the sufficiency of one or two, or ten or twenty 
 
iias THE LIFE OF 
 
 commissioners, to execute the law in many, if not most, 
 of the states. But a still more exceptionable consequence 
 would be, the extension of the jurisdiction of the federal 
 courts, and the indispensable necessity of an immediate 
 and great increase of their number. The obvious char- 
 acter of this consequence superseded the necessity of de- 
 tail. The portion of litigation in the different states, aris- 
 ing out of their insolvent laws, was familiar to all, and 
 that would, of necessity, be either immediately or ulti- 
 mately drawn into the federal courts. He was certain 
 that, if the bill passed as it stood, the measure would not 
 stand as long as its predecessor. It was, he thought, im- 
 probable, that the states could stand quietly by and see 
 themselves thus shorn of so great and salutary a portion 
 of their powers. The decision of the supreme Court of 
 the United States would, doubtless, be referred to ; of that, 
 he would, for the present, only say, that that high tribunal 
 had not as yet covered the whole ground. He was aware 
 of what, at the moment he was speaking, was going on 
 below. But he would not, for an instant, anticipate far- 
 ther limitations upon the rights of the states upon this 
 subject. As yet, they had not been restricted by the su- 
 preme Court from passing prospective insolvent laws. 
 Such was the ninety-third section. Such the states, and 
 the states only, had a right to pass. If Congress acted 
 upon the subject, their act, if acquiesced in, would in- 
 clude a surrender of all state power upon the subject. If 
 it was put to him to decide between being a party in such 
 surrender, or the loss of the bankrupt bill, he could not, as 
 he viewed the subject, without being false to his trust, 
 hesitate in preferring the latter." 
 
 In regard to the disposal of the public lands, a 
 topic of great interest and great difficulty, the fol- 
 lowing remarks of Mr. Van Buren were made, on 
 a motion to ask for information, in the Senate, May 
 18th 1826. 
 
 " Mr. Van Buren said, the subject of the public lands 
 was becoming daily more and more interesting, and would 
 occupy much time in legislation. It extended the patron- 
 age of the government over the states in which they were 
 situated, to a great extent ; it subjected them to an un- 
 
MARTIN VAN BUREN. 239 
 
 wise and unprofitable dependence on the federal gc- 
 vernment. * * * No man could render the country a 
 greater service, than he who should devise some plan by 
 which the United States might be relieved from the own- 
 ership of this property, by some equitable mode. He 
 would vote for a proposition to vest the lands in the states 
 in which they stood, on some just and equitable terms, as 
 related to the other states in the confederacy. He hoped, 
 that after having full information on the subject, they 
 would be able to effect that great object. He believed 
 that if those lands were disposed of at once to the several 
 states, it would be satisfactory to all." 
 
 In the winter of 1827, arose the great discus- 
 sion in the Senate, with reference to the intercourse 
 with the British West India Colonies. At a sub- 
 sequent period, the instructions furnished by Mr. 
 Van Buren, as Secretary of state, to our minister 
 in England, with reference to the adjustment of 
 this question, were made the ground of his rejec- 
 tion by the Senate, when himself nominated 
 as minister to the same, foreign court. No act 
 ofthe American Senate ever aroused the feelings 
 of the American people to a greater extent ; no 
 event of Mr. Van Buren's political life ever had a 
 more immediate influence upon his success. It 
 will not, therefore, be improper to present his 
 views of this question, at this early period, when 
 his own subsequent connection with the consequen- 
 ces could not have been foreseen. The subjoined 
 extracts from his speech, dehvered in the Senate on 
 the 24th of February 1827, present a clear view 
 of the facts in the case, and are replete with the 
 most judicious, statesmanlike and patriotic senti- 
 ments. They evince how fully Mr. Van Buren 
 was, then, master of the whole subject, and how 
 
240 THE LIFE OF 
 
 little he was disposed to sacrifice national interests, 
 or permit foreign governments to take advantage 
 of domestic differences of opinion. 
 
 "Mr. Van Buren said, it was, until yesterday, my inten- 
 tion, Mr. President, to abstain from all participation in the 
 discussion of the bill now under consideration. The able 
 examination which it has already received, and the ad- 
 vanced period of the session at which it has been brought 
 forward, alike dictate the propriety of this course. But 
 as neither the bill reported by the committee, nor the 
 amendment proposed as a substitute, by the Senator from 
 Maryland, [Mr. Smith] appears to my judgment entirely 
 satisfactory, 1 cannot do justice to the vote which I intend 
 to give; without a brief examination of this important 
 subject. The commercial gentlemen who have favored 
 the Senate w^ith their views, have sufficiently examined 
 the details, and explained the value of the trade with the 
 British Colonial possessions. To their remarks on this 
 point, nothing need be said. It is conceded on all sides, 
 that the trade is of great value to our country, and de- 
 mands every effort for its restoration and protection. 
 Much time has been occupied in criminating and vindi- 
 cating the conduct of the different branches of the govern- 
 ment, in reference to this subject. Of this, it is not my 
 intention to complain. In a government like ours, where 
 the highest office is but a trust, and every public function- 
 ary is held responsible for the manner in which this trust 
 has been fulfilled, the closest scrutiny of public measures 
 is at all times necessary. But, although not disposed to 
 censure, I will not imitate the example of some of those 
 who have preceded me in the debate : and it will be my 
 effort to avoid all reference to the conduct of individuals, 
 except so far as may be necessary to explain the course of 
 events, and to exculpate this body from unmerited impu- 
 tations. 
 
 "The subject of the colonial trade, involving in itself 
 many opposing interests, has been rendered still more 
 complicated by the various legislative measures, orders, 
 and proclamations, which have, from time to time, been 
 adopted by the respective governments. To review these 
 acts, and trace, from the extensive diplomatic correspon- 
 dence between the two governments, the rise, history, and 
 present state, of the existing differences, is no easy task. 
 This, however, I will attempt to do, in the plainest man- 
 
MARTIN VAN BUREN. 241 
 
 iier, and fewest words. I avail myself of the present mo- 
 ment to do so, for the purpose of affording to the worthy 
 chairman of the committee on commerce, an opportunity 
 to correct, in his closing remarks, any errors into which 1 
 may have fallen. For, while it is my object to present an 
 impartial view of the subject, uninfluenced by any other 
 motive than a regard for the interest and honor of our 
 country, it would be the source of unmingled regret, if, 
 mistaking error for truth, it shall be my misfortune to do 
 injustice to others. To foster the infant navigation of the 
 United States, and countervail the regulations of other 
 commercial nations, laws were passed, at an early period 
 of the government, imposing a duty of ninety-four cents 
 per ton on foreign ships and vessels, and ten per centum 
 on the amount of duty on the merchandise, therein im- 
 ported, which should arrive in the United States; from 
 which duties the American vessels and cargoes were ex- 
 empted.* By the act of Congress of March 1815, a new 
 and more liberal policy was commenced. The discrimi- 
 nating duties on foreign ships and vessels were condition- 
 ally repealed : and a tender was made to all other nations 
 to extend to their vessels the privileges enjoyed by their 
 own, on the condition that the same concessions should be 
 made in favor of the vessels of the United States. The 
 principle of this act was adopted in the commercial con- 
 vention with Great Britain, of July 3 1815, but was lim- 
 ited, in its application, to the trade between the United 
 States and the British possessions in Europe. It was at 
 that time proposed by the government of the United States 
 to extend the principle to the trade between the United 
 States and the British American colonies. But Great 
 Britain, claiming the right of pursuing a policy, in relation 
 to their colonies, different from that by which the trade 
 between her European possessions and other nations was 
 governed, declined the overture, With regard to this 
 trade, therefore, each party preserved their original rights. 
 By the operation of this convention, and the ordinary navi- 
 gation laws of Great Britain, the United States were in 
 effect excluded from all participation in the British West 
 India trade ; and British vessels became the sole carriers 
 of the productions of the American soil, to colonies, to 
 whose prosperity, if not existence, these productions were 
 
 * Hence called discriminating duties. 
 12 
 
^42 'fHE LIFE OF 
 
 indispensable. A condition so unequal, demanded the in- 
 terposition of our government. Successive, but fruitless 
 appeals were made to the interests of Great Britain : and 
 the most favorable terms which could be obtained, so late 
 as March 1817, was a proposition to extend to the United 
 States the Free Port Act, allowing the importation of cer- 
 tain enumerated articles, into certain enumerated ports, in 
 vessels of one deck; to authorise a restricted admission of 
 our vessels into Bermudas and Turks Island ; and to con- 
 nect with these an article regulating the intercourse be- 
 tween the United States and the British territories adjoin- 
 ing them. After mature deliberation, this proposition ' 
 was declined by our government. Negotiation having 
 failed in procuring any favorablerelaxationof the colonial 
 system of Great Britain, Congress deemed it necessary to 
 enforce, by countervailing legislative enactments, a just 
 participation in the trade ; and in 1818 an act was passed, 
 by which the ports of the United States were closed 
 against British vessels coming from colonial ports, whichy 
 by the ordinary laws of navigation, were closed against 
 vessels of the United States. A non-intercourse in 
 British vessels was thus established with the closed ports 
 Soon after the passing of this act, an opportunity again 
 occurred of presenting this subject to the attention of the 
 British government, in the negotiation for the renewal of 
 the commercial convention of 1815. But, although pre- 
 positions were exchanged by the respective governments, 
 the terms still offered by Great Britain were such as our 
 government did not deem it proper to accept ; and in 
 May 1820, an act was passed, supplementary to the 
 Navigation Act of 1818, closing the ports of the United 
 States against British vessels coming from any British 
 colonial ports in the West Indies, Lower Canada, &c. and 
 interdicting the landing of the productions of the United 
 States, exported in British vessels, in the prohibited 
 places, as well as the introduction into the United States 
 of the goods, wares, and merchandise, of these colonies, 
 except wholly of the growth or produce of the colony 
 whence laden and whence directly imported. To pre- 
 vent or mitigate the effect of these measures upon the 
 trade and prosperity of the colonies, partial relaxations 
 of her colonial system were at times permitted by Great 
 Britain. But these temporary relaxations were not of a 
 character to justify the abandonment of the ground which 
 we had taken. To evince, however, our willingness to 
 terminate a system of exclusion and prohibition, which 
 
MARTIN VAN BUREN. 243 
 
 could only be injurious to both parties, Congress, by act 
 of 6th May 1822, authorized the President, on being satis- 
 fied that the British West India Islands or colonies were 
 open to the vessels of ihe United States, to open the ports 
 of the United States to the vessels of Great Britain, under 
 such 'reciprocal rules and restrictions' as the President 
 might make and publish. The act of Parliament, of 24th 
 June 1822, followed. By this act Great Britain opened 
 the colonial ports, therein designated, to the admission 
 of certain enumerated articles, direct from the producing 
 country; and authorised the exportation of any article of 
 the growth, produce, or manufacture, of the British do- 
 minions, or any article legally imported into the said 
 ports, (arras and naval stores excepted,) on the condition 
 that they should, in foreign ships, be exportable only di- 
 rect to the country to which the vessel belonged. The 
 15th section empowers the King to prohibit trade and in- 
 tercourse with any country, or island, in America, or the 
 West Indies, if it should appear that the privileges grant- 
 ed by the act to foreign ships and vessels, were not al- 
 lowed to British vessels. The anticipated contingency 
 having arrived, which required the exercise of the power 
 with which the President had been entrusted by the act 
 of Congress, of May 1822, he issued his proclamation in 
 August, 1822, declaring the ports of the tJnited States to 
 be open to British vessels, under such rules and restric- 
 tions as were deemed reciprocal. The discriminating du- 
 ties between American and foreign vessels, were not 
 rescinded by the proclamation. Of this, the British 
 government complained, alleging that similar privileges 
 were not conferred, by the proclamation, on British ves- 
 sels, as had been conferred on American vessels, by the 
 act of Parliament. On the other hand, it was contended 
 by our government, that the privileges granted to British 
 vessels were more favorable than those conferred on 
 American vessels engaged in the same trade, on the as- 
 sumption that our discriminating duties were to be con- 
 tinued. This question gave rise to an extended corres- 
 pondence between the appropriate public functionaries of 
 the two governments. It is not necessary, nor is it my 
 intention, to examine minutely the grounds of these op- 
 posite opinions. * * * 
 
 "Such, in substance, were the points of collision between 
 the two governments, upon the British act of June 1822. 
 Subsequent changes have rendered a critical examination 
 of the justice of the respective pretensions unnecessary. 
 
244 THE LIFE OF 
 
 The correspondence which ensued produced no decisive 
 result. Although Great Britain still alleged the inequali- 
 ty of the privileges enjoyed by British vessels in Ameri- 
 can ports, the power to prohibit intercourse with the West 
 India islands, in pursuance of the act of Parliament of 
 June 1822, remained, for some time, unexercised. On 
 the 1st of March 1823, Congress passed an act suspending 
 the non-intercourse acts of 1818 and 1820, and opening 
 our ports to British vessels engaged in the colonial trade, 
 on certain specified conditions. One of the conditions 
 was, that, if the President should receive satisfactory evi- 
 dence that no higher or other duties "were imposed, in the 
 British colonial ports, upon American vessels, or cargoes, 
 than upon British vessels, and upon their cargoes, import- 
 ed from elsewhere into the same, to discontinue our dis- 
 criminating or alien duties in favor of British vessels. 
 This act was in accordance with the ground maintained 
 by our government in their correspondence with Great 
 Britain since the year 1817. It adopts the principle that 
 the reciprocity of burdens and exemptions should extend 
 to the cargo as well as to the vessel; and claims for our 
 produce, imported into the British colonies, the privileges 
 allowed to the produce of the mother country, or its colo- 
 nies. This claim was resisted by Great Britain, as whol- 
 ly inadmissible ; and, in the same year, an order in Coun- 
 cil was enforced, imposing countervailing duties on 
 American vessels, arriving at her colonial possessions, of 
 precisely equal amount to those imposed in our ports, up- 
 on British vessels arriving from the colonies. In 1824, 
 there at length appeared some ground to anticipate the 
 speedy termination of these conflicting views. Negotia- 
 tions were commenced, propositions of the respective 
 governments were interchanged, and the claims of both 
 were supported with ability and zeal. But, although the 
 differences were reduced to a single point, the negotiation 
 terminated without effecting the desired adjustment. Be- 
 ing limited by his instructions, the American Minister 
 insisted that the productions of the United States imported 
 into the colonies, should not be subjected to a higher duty 
 or impost than those arriving from any other place. The 
 British government were willing to place them on the 
 footing of the most favored nation; but inflexibly main-' 
 tained their uniformly asserted right to encourage, by dis^ 
 criminating imposts, the growth and importation of their 
 own productions. 
 
 ''It is not necessary to recapitulate the reasons which 
 
MARTIN VAN BUREN. 245 
 
 Were urged by the respective parties, and with which 
 every Senator must be familiar. But it is important to 
 keep in mind, that the failure of the negotiation arose 
 from our government having at that time, adhered to 
 terms, which it has since abandoned. In the instructions 
 from the Department of State to our Minister in London, 
 (Mr. Gallatin,) dated June 19 1826, we find the follow- 
 ing : ' You will observe, that the instructions now given 
 respecting the colonial trade, amount to an authority, on 
 the part of this government, to you, to agree in substance 
 to the modification of Mr. Rush's proposal, which was 
 required [in 1824] by the British Plenipotentiaries.' In 
 July 1824, the British tender was made : nearly two 
 years elapse ; and, in 1826, this tender is accepted ! Near- 
 ly two years consumed in the consideration of that which 
 ought not to have required as many months. Well might 
 it have been supposed that this proffer was rejected: for 
 surely the annals of no country can exhibit so lingering 
 an acceptance. But this acceptance, coming thus slow, 
 unfortunately came too late. Before its arrival, the policy 
 or the inclination of the British government had changed ; 
 and, instead of a cordial reception, our Minister was in- 
 formed that negotiation was now unnecessary ; and that 
 the only terms of intercourse were prescribed by the acts 
 of Parliament. In this, as well as in concerns of less 
 magnitude, it may be seen that whatever is determined 
 to be done, should be done at once; that deliberation, if it 
 supply the place of action, is not less fatal than precipita- 
 tion ; and that, to hesitate in the acceptance of a proffered 
 and desired benefit, and permit occasions to pass away, 
 which can never be recalled, partake of the character of 
 weakness, and detract from the reputation of any man, 
 whether in the cabinet or in the field. Sir, it is well 
 known to our Government, that, in 1825, acts were passed 
 by the British Government, opening her ports to foreign 
 vessels, coming from any foreign country, upon equal 
 terms with her own; on the condition that the country 
 engaging in such trade, and having colonies, should allow 
 British vessels to trade with its colonies, on similar 
 terms; and that a country, having no colonial possessions, 
 should, to entitle itself to the privileges of these acts, place 
 the trade between the British colonies and such country, 
 on the terms of the most favored nation. The King was 
 at the same time authorised to close the British colonial 
 ports against the vessels of any power which should refuse 
 or omit to avail itself of the proffered conditions. Not 
 21* 
 
240 THE LIFE OF 
 
 only were these acts in the possession of the Executive ; 
 they were presented to vour committee, and laid upon our 
 tables. And yet, what was the course pursued by that 
 Department of our.CTOvemment, to which these concerns 
 were specially confided ? Were legislative measures re- 
 commended either to suspend or remove the existing 
 restrictions, or to meet, in any way, the legislative mea- 
 sures of Great Britain? Not at ail. We find the adminis- 
 tration, on the contrary, still hesitating, still delaying, 
 and still placing their dependence on renewed negotia- 
 tion. In their view, legislation Vv'as improper ; and one 
 entire session of Congress thus passed away, and nothing 
 was either done or attempted under their recommenda- 
 tion. An effort, it is true, was made by a member of this 
 body. But the bill introduced by the Senator from Mary- 
 land, and which, had it passed, would at least haye mani- 
 fested a conciliatory spirit, and, in all probability, have 
 led to an honorable adjustment of the pending controver- 
 sy, was permitted to fail. The cause of its failure, it will 
 hereafter be my object to disclose. Interesting as that 
 may be, the consequences attending it are of more im- 
 portance to our country. Apprised of our refusal to 
 modify the existing restrictions upon the trade, or reci- 
 procate the provisions of the acts of Parliament, the British 
 Government, by an Order in Council of July 1826, closed 
 the ports of the West Indies against the vessels of the 
 United States ; and since last December, the subjects of 
 Great Britain have enjoyed the exclusive monopoly of 
 this advantageous intercourse. To this has been added 
 the intimation, that no measure will be taken to remove 
 the interdict, while the act of Congress of 1823 shall re- 
 main in force. * * * 
 
 " Such, sir, is the history and present condition of the 
 existing controversy with Great Britain, which requires, 
 it is said, the enactment of the bill under consideration. 
 The following are some of the deductions which seem to 
 follow, irresistibly, from the view which has been taken, 
 viz: 1st. That,had it not been for the principle assumed 
 in the act of Congress of 1823, which claims for our trade 
 the same immunities as are allowed to the trade between 
 the colonies and the mother country, an honorable and 
 equitable adjustment might have been effected under the 
 British act of June 1822, opening the colonial ports to 
 American vessels. 2dly. That the principle of the act 
 of Congress, of 1823, to which I have already referred, and 
 which, until recently, was alleged to be an insuperable 
 
"^ MARTIN VAN BUREN. 241 
 
 obstacle to the acceptance of the British proposal, has 
 now beeri formally abandoned by our Government, 
 3dly. That, in 1824, the same terms were offered by the 
 British Government, which, in 1826, Mr. Gallatin was 
 instructed to accept. 4thly. That the British acts of 
 June and July 1825, opened the colonial ports to our 
 trade, on the terms proposed by the committee in their 
 reported bill, as the condition for the revival of the trade, 
 and of the equity of which there can, therefore, be no dif- 
 ference of opinion : and, 5thly, that, if these terms had 
 been reciprocated by the passage of the bill, which was 
 presented to the Senate by the Senator from Maryland, 
 at the last session, we should be now participating in the 
 advantages of this intercourse. ''' * * 
 
 "Mr. President: In the review which I have taken of 
 the origin and history of our commercial difference with 
 Great Britain, I have endeavored to direct your attention 
 to the acts as well as to the omissions of our government. 
 It remains to consider what is proper to be done, to reme- 
 dy the one and supply the other. 
 
 • „"In the prosecution of this inquiry, it is not necessary, 
 I am sure, to urge upon this Senate, the adoption of those 
 measures only which are demanded by the honor and in- 
 terests of our country, and the exclasion from our councils 
 of every consideration less worthy of our regard. The 
 humiliating spectacle of a foreign and adverse govern- 
 ment, speculating upon the advantages which it may de- 
 rive from our dissensions, will, I fervently tiust, never 
 again be the reproach of the American people. In a 
 government like ours, founded upon freedom in thought 
 and action, imposing no unnecessary restraints, and call- 
 ing into exercise the highest energies of the mind, occa- 
 sional differences of opinion are not only to be expected, 
 but to be desired. They rouse the sluggish to exertion, 
 give increased energy to the most active intellect, excite 
 a salutary vigilance over our public functionaries, and 
 prevent that apathy which has proved the ruin of repub- 
 lics. Like the electric spark, they dispel from the politi- 
 cal atmosphere the latent causes of disease and death. 
 But these conflicting opinions should be confined to sub- 
 jects which concern ourselves. In the collisions which 
 may arise between the United States and a foreign pow- 
 er, it is our duty to present an unbroken front; domestic 
 differences, if they tend to give encouragement to unjust 
 pretensions, should be extinguished or deferred; and the 
 cause of our government must be considered as the cause 
 of our country. 
 
«^48 'i'HE LIFE OF 
 
 "The bill reported by the committee directs, that, after 
 the 30th of September next, our ports shall be closed 
 against any vessel coming by sea from the enmnerated 
 British ports: but provides that the act shall not take 
 effect, if, before that period, the President shall receive 
 satisfactory information that the enumerated Biitish ports 
 are open to the admission of our vessels upon certain spe- 
 cified terms, being, in substance, the same proposed by 
 the British acts of June and July 1825. The substitute, 
 proposed as an amendment by the Senator from Maryland, 
 removes the discriminating duties, after the 31st of De- 
 cember, and suspends the acts of 1823, 1820, and 1818, 
 until the same period, except so much thereof as imposes 
 discriminating duties on the tonnage of foreign vessels 
 and their cargoes. The bill, as reported, prescribes the 
 consequences w^hich would attend the failure on the part 
 of the British Government to comply, in the time limited, 
 with the terms proposed. The amendment leaves the 
 consequences to the operation of the acts referred to, by 
 which our ports will be closed whenever the President 
 shall, by proclamation, announce, after the 31st of De- 
 cember next, that the British ports are closed against ves- 
 sels of the United States, in the presumption that, at that 
 time. Congress, being in session, will adopt such further 
 measures as the existing state of things may require. The 
 merits of the bill reported are supposed, by its advocates, 
 to consist in the greater energy of its provisions ; those of 
 the amendment, in being equally efficient, and more con- 
 ciliatory in its form. Without material alteration, I shall 
 not be satisfied with either: but, as a basis to act on, 1 
 prefer the amendment. The bill assumes to be what it is 
 not. If the honor and interest of the country required the 
 adoption of a measure of retaliation, corresponding with 
 that to which it is to be opposed, the bill should direct 
 that the ports of the United States should be closed against 
 British vessels engaged in this trade. But if, from what 
 has been done or omitted, this step is not thought to be 
 expedient, (a question which I am not now disposed to 
 press,) the measure which we may adopt should be as con- 
 ciliatory as is consistent with self-respect. The amend- 
 ment proposes to do now, what it was expedient to have 
 done at the last session. It proposes to remove the ground 
 of collision by abolishing the alien and discriminating du- 
 ties. But, in consequence of the change produced by the 
 British interdict, the operation of the amendment is de- 
 ferred to a day sufficiently distant to enable the British 
 
MARTIN VAN BUREN. 249 
 
 Government to revoke its Order in Council, and meet the 
 terms of the amendment by reciprocal provisions. With 
 two modifications, the amendment shall receive my sup- 
 port. 1 object to the time when it is to go into operation, 
 and I prefer that it should carry on its face the terms on 
 which alone the intercourse can be revived. Should the 
 Senate concur in the amendment, by which the act will 
 take effect, before the next session of Congress, I shall 
 propose a section to that effect. The am.endment, as now 
 offered, will present no inducement to Great Britain for 
 the removal of her interdict, until a distant day. This 
 objection, however, may, in part, be obviated by a pro- 
 vision, authorizing the President, by proclamation, to re- 
 move the discriminating duties at any intermediate time. 
 But my objection to the day arises from a higher consider- 
 ation. Our acts should be firm ; and, however mild and 
 conciliatory, should exhibit neither fickleness nor irresolu- 
 tion. If, retracing our steps, we abandon the principle 
 which alone prevented an amicable adjustment in 1824, 
 the act announcing the fact should also proclaim our un- 
 alterable determination, should our views not be met in a 
 conciliatory spirit, to accept of nothing less than that 
 which justice demands. We have to contend with an 
 adversary deeply versed in the arts of diplomacy, and 
 every way competent to discern the intentions of those 
 whose interests may come in competition with their own. 
 By deferring the operation of the act until Congress again 
 meet, you will awaken some doubt of your ultimate in- 
 tention, and perhaps a hope may arise that you are not 
 now prepared to renounce a trade, in which you are not 
 permitted to participate on equitable terms. With such 
 an alternative before us, there is no one in this Senate — I 
 trust there is no one in this nation — who would hesitate 
 one moment in his choice. In giving utterance to this 
 universal sentiment, let your act be explicit, and your de- 
 termination final. Leave nothing to be accomplished by 
 £1 future Congress, and, in the act which you may pass, 
 present to the British Government your ultimatum, in the 
 terms which she has herself proposed. In this, there will 
 neither be menace nor an offensive display. It is pre- 
 cisely the course which she pursued, when the situation 
 of parties was reversed. If it be the intention of Great 
 Britain to place this trade upon the footing of just reci- 
 procity, she will not be moved from her purpose by mere 
 (questions of form. But if, influenced by any change in 
 
250 LIFE OF MARTIN VAN BUREN. 
 
 her views or policy, she is resolved to reject our liberal 
 propositions, no phraseology, however courteous, will pro- 
 duce a different determination. Be this determination 
 what it may, we shall have performed our duty, and may 
 rely upon the support of the American people." 
 
CHAPTER XV, 
 
 Opposition of Mr. Van Bur en to the Panama Mission, 
 Extract from one of his speeches on that question. 
 
 In March 1826, the great question of sending 
 ministers to the Congress at Panama came up for 
 discussion, and drew forth the ablest efforts of the 
 ablest members of the Senate. The administra- 
 tion of Mr. John Quincy Adams had hitherto expe- 
 rienced no regular opposition from the North ; the 
 leading republicans in that section, were willing to 
 judge it by its merits, and the first alarming indica- 
 tion of a disposition to depart from the cardinal 
 principles of the constitution, was, in the nomina- 
 tion of ministers to represent the United States in 
 the Congress of South American plenipotentiaries 
 at Panama. 
 
 In December 1824, Bolivar, as commander in 
 chief of the republic of Peru, invited the govern- 
 ments of Colombia, Mexico, Chili and Buenos 
 Ayres, to unite with his own government, in a Con- 
 gress of plenipotentiaries at Panama ; and the pro- 
 posal was acceded to by these states with the ex^ 
 
252 THE LIFT. OF 
 
 ception of Buenos Ayres. The time of meeting, 
 proposed, was the fall of 1825, and the ministers 
 of Colombia and Mexico, residing at Washington, 
 in the spring preceding, intimated a wish that the 
 United States should send delegates to the same 
 Congress. In compliance with this invitation, Mr. 
 Adams on the 25th of December, nominated Messrs. 
 Richard C. Anderson, John Sargeant and Wm. B. 
 Rochester, as delegates to the Congress at Pana- 
 ma. When the nomination was presented to the 
 Senate, that body took into consideration, not only 
 the suitableness of the nomination, but the expedi- 
 ency of the embassy, and on the 16th of January, 
 following, the committee of foreign relations re- 
 ported that it was inexpedient to send ministers to 
 Panama. The debate was carried on, with closed 
 doors, until Februrary 1 5th 1 826, when, on motion 
 of Mr. Van Buren, it was resolved that in the dis- 
 cusion of the question, the Senate ought to act with 
 open doors, unless the publication of documents re- 
 ferred to in the debate, would prejudice the pending 
 negotiations ; and the President was requested to 
 inform the Senate whether such was the fact, and 
 if so, what documents ought not to be published. 
 The substance of the President's answer was, that 
 the communications by him to the Senate, were 
 made in confidence, and the motion of Mr. Van 
 Buren failed. 
 
 On the 14th of March, Mr. Van Buren sub- 
 mitted several other resolutions, the substance of 
 which was, that the constitution of the United 
 States did not authorize the nomination, by the 
 President, of ministers to an assembly like that 
 
MARTIN VAN BUREN. 253 
 
 proposed at Panama ; and that, waiving the con- 
 stitutional objection, the proposed embassy was in- 
 expedient. These resolutions were rejected by 
 the Senate and the nominations were severally 
 confirmed. It is well known that owing to the 
 death of Mr. Anderson, and other causes, the de- 
 puted delegates never actually met in the Panama 
 Congress. 
 
 Mr. Van Buren met this measure of the admin- 
 istration, at every step, with his most vigorous op- 
 position. During its discussion, he entered mi- 
 nutely into the history of the South American 
 states, their actual condition and future prospects ; 
 he discussed the probable results of the proposed 
 Congress ; he revievv ed the negotiations connect- 
 ed with it and the communications of the Ex- 
 ecutive regarding it ; he examined, much at length, 
 the policy of our own government with respect 
 to alliances with foreign nations, and discussed, 
 with singular felicity of argument and illustration, 
 the principles which should control our inter- 
 course with foreign powers ; he showed in what 
 instances, hitherto, those principles had been vio- 
 lated, and the fatal consequences which flowed 
 from every violation ; he embraced, in short, a di- 
 plomatic history of the United States, and threw 
 the full light of history, experience and argu- 
 ment upon the question then pending. From one 
 of his speeches on this important subject, the fol- 
 lowing extracts are taken. They are fraught with 
 rich political information, and characterized by 
 those profound political views which appear in all 
 22 
 
254 THE LIFE OF 
 
 his discussions of important matters. It would 
 be difficult to find, within the same narrow com- 
 pass, more political truth, richer historical facts, 
 or more just views of the true nature and policy 
 of our government. 
 
 " I will now, Mr. President, call the attention of the 
 Senate to another view of this subject, to a question of 
 the gravest character, and most deeply affecting the dear- 
 est interest of the country — a question growing out of 
 considerations which have heretofore occupied the best 
 minds, and interested the purest hearts our country has 
 produced : ' Would it be wise in us to change our 
 
 ESTABLISHED POLICY UPON THE SUBJECT OF POLITICAL CON- 
 NECTIONS WITH FOREIGN STATES?' The President has said, 
 that, ' to form alliances,' is not among the motives of our 
 attendance at the Congress. But what description of al- 
 liance does he mean? They are of various kinds, and of 
 different extent. We are, at that Congress, to stipulate in 
 some form, (and I care not in what,) that Ave will resist 
 any attempt at colonization, by the Powers of Europe, in 
 this hemisphere, (or within our oAvn borders if you please,) 
 and that, in the event of any interference on their part, in 
 the struggle between Spain and the Spanish American 
 states, we will make common cause with the latter in re- 
 sisting it. To this end we have been invited, and upon 
 these points we have promised that our ministers shall 
 have full poirers. We must do this, or the whole affair 
 becomes empty pageantry ; which, though it may be the 
 offspring of personal ambition, will assuredly terminate in 
 national disgrace. Call it an ' alliance,' or whatever 
 name you please, it is Si political connection^ at war with 
 the established policy of our government. And is this 
 a light matter? Sir, when it is proposed to subvert a 
 fundamental principle in our foreign policy, in the sup- 
 port of which we stand alone among all the nations of 
 the earth — which, commencing with our government, is 
 endeared to the people, and upon whose deep foundations 
 has been erected the magnificent superstructure of une- 
 qualled na'tional prosperity — it surely becomes those en- 
 trusted with the management of affairs, to pause, and 
 weigh, with scrupulous exactness, the importance of the 
 step. 
 
MARTIN VAN BUREN. 255 
 
 " In the discussion of this subject, I shall first consider 
 the general principle ; then the grounds of the distinction 
 attempted to be made between its application to the 
 Spanish American states, and to those of Europe. At 
 this moment the United States, (thanks to the wisdom of 
 their early counsels!) are unfettered. No government 
 has a right to demand our aid or interference in any of 
 the changes in the condition of the world — come what 
 may, we are now unembarrased in our choice. Until late- 
 ly, I had flattered myself that the acknowledged obligation 
 on the part of our government to maintain that condition, 
 was as firmly fixed as its republican character. I had 
 the best reason to think so, because I knew it to be a prin- 
 ciple in our public policy, which had for its support all 
 that is instructive in experience, all that is venerable in 
 authority. That authority is no less than the parting ad- 
 monitions of the Father of his Country. The earnest, 
 eloquent, and impressive appeals upon this subject, con- 
 tained in his Farewell Address, are yet, and will, I trust, 
 long remain, fresh in our recollections ; nor were the sen- 
 timents he thus avowed mere speculative opinions, found- 
 ed upon an abstract consideration of the subject. No! 
 they were sentiments matured by reflection, and confirm- 
 ed by actual experience, of the practical results which 
 had arisen from a connection of the character he so ardent- 
 ly and so justly deprecated. A reference to the history of 
 that period will illustrate the fact, and is replete with in- 
 struction. During the war of our Revolution, Ave entered 
 into an alliance with France, ' the essential and direct 
 end of which was, to maintain effectually the liberty, sove- 
 reignty, and independence, of the United States, ab- 
 solute and unlimited, as well in matters of government 
 as of commerce.' By the treaty of alliance, we, in con- 
 sideration of the guarantee by France of the freedom and 
 independence of the United States, undertook, on our 
 part, to guarantee to France the possessions she then had in 
 America. The revolution in France involved that coun- 
 try in war with the principal powers of Europe. Her 
 American possessions were brought in danger; and, 
 among other things, claimed under the treaty of alliance, 
 she called upon us for the fulfilment of our guarantee. 
 At no period of our history has our government been pla- 
 ced in a more humiliating and embarrassing situation. 
 The signal benefits we had received from France were 
 known to the world, and fully appreciated by our citizens. 
 Upon the terms of the compact there could be no dispute. 
 
256 THE LIFE OF 
 
 The consideration upon which we had entered into it, 
 was of the most sacred character. But the danger of 
 compliance was imminent, and prevailed over every other 
 consideration. Reposing itself upon the great principle of 
 self-preservation — a principle, extending itself as well to 
 nations as individuals — our government refused to comply 
 with its engagement ; and General Washington issued 
 his celebrated proclamation of neutrality. The grounds 
 relied upon to justify the step v/ere, that our alliance was 
 a defensive one only ; that the war, on the part of France, 
 was an offensive war, in which we were not obliged, by 
 the law of nations, to take part ; that the contest was, 
 moreover, so unequal, and our means so inadequate, that, 
 upon the principle of self-preservation, we w^ere justified in 
 refusing to take part with our ally. It was not expected 
 that France would acquiesce in the validity of the grounds 
 thus taken. She did not. The loud, solemn protests of 
 her Ministers are remembered ; as also, the measures re- 
 sorted to for the purpose of obtaining, indirectly, some of 
 the advantages claimed from the alliance : such as fitting 
 out vessels of war in our ports, and enlisting our citizens 
 in her service. England remonstrated, made strong im- 
 putations of partiality against our government — imputa- 
 tions founded on suspicions growing out of the known 
 connexion between us and France — and resorted to simi- 
 lar means to annoy her enemies and commit our neutrali- 
 ty. General Washington found it impossible to satisfy 
 either party of the strict impartiality that governed our 
 conduct. The result was war, in fact, with France, and 
 many of the evils of war with England. She enforced 
 against our commerce new and unjustifiable principles of 
 public law on the subject of blockades and articles con- 
 traband of war. The sjigacious mind of Washington, 
 and the great men who enjoyed his confidence, traced the 
 multiplied embarrassments of the country at that trying 
 period, to the treaty of alliance with France. * * * 
 
 " At the extra session of Congress, in May 1797, his 
 successor, in his message to that body, thus expressed him- 
 self: 
 
 Extract from the Message of President Adams to Con- 
 gress in 1798. 
 "' Although it is very true, that we ought not to involve 
 ourselves in the political system of Europe, but to keep 
 ourselves distinct and separate from it, if we can ; yet, to 
 
MARTIN VAN BUREN. 257 
 
 effect this separation, ear^ly, punctual, and continual in- 
 formation of the current chain of events, and of the 
 political projects in contemplation, is no less necessary 
 than if we were directly concerned in them. It is neces- 
 sary, in order to the discovery of the eflforts made to draw 
 us into the vortex, in season to make preparations against 
 them. However we may consider ourselves, the mari- 
 time and commercial powers of the world will consider 
 the United States of America, as forming a weight in 
 that balance of power in Europe, which never can be 
 forgotten or neglected. It would not only be against our 
 interest, but it Avould be doing wrong to one half of Eu- 
 rope at least, if we should voluntary throw ourselves into 
 either scale. It is a natural policy, for a nation that 
 studies to be neutral, to consult with other nations enga- 
 ged in the same studies and pursuits. At the same 
 time that measures ought to be pursued with this view, 
 our treaties with Prussia and Sweden, one of which is ex- 
 pired, and the other near expiring, might be renewed.' 
 
 " This communication was followed by the nomination 
 of a minister, (the present President of the United 
 States,) to Berlin, to carry into effect the avowed object of 
 the mission. This early departure from the principles, 
 and disregard of the precepts of Washington, was met by 
 the united and most vigorous opposition of the republicans 
 of that day. An attempt was first made in the Senate to 
 defeat the mission, on the ground of its inexpediency. 
 That failing, the appropriation was resisted in the House 
 of Representatives, in a debate that lasted for several 
 weeks. It was the direct cause of the first great collision, 
 between the republicans of that day, and the then Presi- 
 dent. A singular and extraordinary similarity will be 
 found between the question then agitated, and the one 
 now under discussion. It was then contended that the 
 United States ought to consult with other nations enga- 
 ged in the same studies and pursuits, and that measures 
 ought to be pursued with that vIcaa''. Those measures 
 were understood to be the formation of political connections, 
 (beyond the ordinary commercial treaties,) in order to se- 
 cure co-operation in support of their common interest; 
 and further, that it belonged to the President to decide on 
 the question of the propriety of a mission for that purpose, 
 and that the Senate M^ere only to pass on the fitness of 
 the persons nominated. What is now contended for, and 
 what the policy we resist? Thnt, having a common in- 
 
 23* 
 
258 THE LIFE OF 
 
 terest with the Spanish American states, we ought to 
 meet with them in Congress — in the language of the Sec- 
 retary of State, speaking in the name of the President, for 
 the purpose of ' settling several important questions of 
 public law, and arranging other matters of deep interest 
 to the American Continent.' What those matters are, 
 and how they are to be arranged, has, I hope, been fully 
 developed ; and further, that '■this measure is deemed to 
 he within the constitutional competency of the Execu- 
 tive ; ' that we are only consulted to obtain our opinion 
 on its 'expediency,' and because it is necessary to come 
 to us for ' an appropriation, without which, the measure 
 cannot be carried into effect.' Yes, sir, the first blow that 
 was struck in that great contest, which subsequently con- 
 vulsed the country, and the first voice that was raised to 
 arrest the current of events then setting in, were on points, 
 to all substantial purposes, identical with the present. Is 
 it not a startling, if not an ominous circumstance, that, so 
 soon, under the present administration, we should have 
 presented to us, in such bold relief, doctrines and princi- 
 ples, which, in the first year of that to which I have re- 
 ferred, laid the foundation of the most bitter and unrelent- 
 ing feuds ? Does the analogy stop here ? The men 
 who then opposed the mission to Berlin were denounced 
 as oppositionists ; as a faction who sought the gratification 
 of their personal views, at the expense of the public 
 good ; they were lampooned, and villified by all the pres- 
 ses supporting and supported by the government, and a 
 host of malicious parasites generalled by its patronage. 
 Their weight of character, the purity of their lives, the 
 consistency of their principles, and their force of reasoning, 
 were alike unavailing. It was sufficient that they dared to 
 think for themselves; to prefer what they regarded as the 
 interests of their constituents to the wisihes of the Exec- 
 utive ; to refuse a ready acquiescence in what was given 
 them to do ; and every puny whipster in the land felt 
 himself at liberty, without in the least understanding the 
 question involved, to misrepresent their acts, and impugn 
 their motives. Respect for this body, and a just contempt 
 for the venal eflforts of venal men, restrains me from push- 
 ing the parallel farther. Covering themselves with the 
 mantle of Washington, the republicans of '98 labored 
 manfully to strangle, at its birth, this political hydra, this 
 first attempt, since the establishment of the government, 
 to subject our political affairs to the terms and conditions 
 of a political connection, with anv foreign nation. * * 
 
MARTIN VAN BUREN. .^59 
 
 "Their labors shared the fate which, in all probability, 
 awaits the exertions of those who, at this day, maintaiu 
 their doctrines. They were outmustered at roll-call. 
 They failed, mark it, by a majority o^ four. The force 
 of Executive patronage, aided by a venal press, was too 
 strong for them. But of what avail was success to their 
 adversaries ? A few more such victories, and their ruin 
 was complete. The one party succeeded in the House, 
 but the other out of it. The seed then sown took root. 
 The doctrines of the dominant party, inherently unsound, 
 stood rebuked before the power and eloquence of their 
 adversaries, and speedily received the condemnation of the 
 people ; whilst the opposing principle, the principle for 
 which we now contend, was rescued from the attack that 
 was made upon it, and once more registered among the 
 special canons of the American policy. Its advocates 
 lived to see it placed upon a footing which they had every 
 reason to believe would last, at least, the short period of 
 their existence. But hovv? uncertain are all things ! ' Let 
 no man boast of to-morrow, for he knoweth not what a 
 day may bring forth.' The events of the last month form 
 a striking commentary upon the text. It is now twenty- 
 eight years since this transaction took place, and there are 
 yet two persons on this floor who acted and voted togeth- 
 er upon that great question. It has been to me a matter of 
 much interest to witness their course at this day. Of the 
 one I cannot speak, but hope for the best. The senti- 
 ments of the other (Mr. Macon,) are on record. He is 
 yet the same unwavering republican that ho was in '98. 
 The principle now involved is the same as then. When 
 that is ascertained, he exhibits neither trembling nor hesi- 
 tation. With a mind vigorous, though mellowed by ex- 
 perience, firmly relying on the republic, he follows the 
 maxims of his early years. The circumstances under 
 which I speak restrains me. But this much I Avill say : 
 The man who has occupied a seat here and in the other 
 House, during every administration of the government, 
 from the second year of its institution to the present day, 
 and who has been wise enough to estimate, at their value, 
 the miserable illusions of Executive favor, and who pre- 
 fers the approbation of his own conscience to the mere- 
 tricious smile of power ; who can look back upon a life 
 thus spent, with an entire consciousness that he never, in 
 a single instance, postponed the interests of his constitu- 
 ents to promote his own : deserves to be regarded as a 
 monument of fidelity and consistency, alike honorable to 
 
260 THE LIFE OF 
 
 his state, and beneficial to his country. But to return to 
 the circumstances of that eventful period : The ball of po- 
 litical revolution, which was set in motion by the debate 
 on the Berlin mission, was pressed rapidly forward by 
 successive measures of equally exceptionable character, 
 until finally it effected the total overthrow of the party then 
 in power, and the elevation of Mr. Jeft'erson to the Presi- 
 dential chair. The creed of this great Father of our po- 
 litical church, Avas, ' Peace, commerce, and honest friend- 
 ship, with all nations ; entangling alliances with none : ' 
 In strict conformity to the principle of Washington, ad- 
 vising an ' extension of our commercial relations, but as 
 little political connection as possible. So far as we have 
 already formed engagements, let them be fulfilled with 
 perfect good faith; hut here let us stop!'' During the 
 whole of Mr. Jefferson's administration, the whole of Mr. 
 Madison's, and the first four years of Mr. Monroe's, (with 
 a single attempted exception,) the principles avowed by 
 the two great founders of the republic were respected, 
 and the result was good. The exception to which I allude 
 was this : Influenced by that deep solicitude for the wel- 
 fare of our Western brethren, which always has, and I 
 trust always will, influence the councils of the country, 
 the government was, in 1803, induced to offer, through 
 Mr. Pinckney, our Minister at Madrid, ' to guaranty to 
 the King of Spain, and his successors, his dominions be- 
 yond the Mississippi,' if he would sell to the United 
 States his possession between that and the river Mobile. 
 The desire to obtain the cession, it is well known, grew 
 out of the dispute relative to the navigation of the Mis- 
 sissippi, and the questions connected therewith. In the 
 discussion with our government, in 1S18, relative to the 
 cession of the Floridas, Spain brought forward that offer 
 in. 1803, claiming that it proposed a guarantee of her terri- 
 tory as far as the Isthmus of Panama^ and desiring to 
 make it a condition of the cession. The change of cir- 
 cumstances since produced in Spanish America, had taught 
 her the immense value of the guarantee. Our Minister at 
 Madrid, (Mr. Ervine,) denied that such an offer had ever 
 been made. Mr. Pinckney's letter was produced. A con- 
 troversy succeeded as to its construction, which resulted in 
 an explicit declaration that, under no circumstances, 
 would the United States make the guarantee in question. 
 The altered state of things had shown that a stipulation, 
 from which no harm was apprehended in 1800, could not, 
 jn 1818, be listened to for a moment. By sheer good for- 
 
MARTIN VAN BUREN. 261 
 
 tune we escaped from this entangling connection. What, 
 sir, would have been the probable consequences, if Spain 
 had accepted the guarantee which was claimed to nave 
 been offered 7 instead of being the great patron of the 
 Spanish American cause, we might, at this moment, have 
 been engaged in a war, either with Mexico, for attempting 
 to fulfil, or with Spain, for violating our guarantee ; and 
 yet, with all the lights of experience before our eyes, it is 
 desired to hurry us into similar compacts, the consequen- 
 ces of which we cannot foresee, but which we well know 
 may, by the course of events, compel us either to violate 
 our plighted faith, or act against what may hereafter ap- 
 pear to be our best interests. 
 
 " Our next attempt to form a foreign connection, other 
 than commercial, was the negotiation of treaties of con- 
 cert and co-operation with England and the Republic of 
 Colombia, on the subject of the Slave Trade. A brief 
 sketch of the course and consequences of that ill-judged 
 measure, will not be without instruction upon the subject 
 before us. From 1794 to 1808, when the constitutional 
 inhibition upou Congress in relation to the slave trade ex- 
 pired, a system of wise, and as far as the power of the 
 government extended, efficient legislation, was adopted 
 for the suppression of that detestable traffic. From the 
 latter period to the year 1819, our legislation assumed a 
 wider range, and still more efficient character, until, final- 
 ly, the offence was denounced as piracy, the punishment 
 due to that crime prescribed, and the Executive clothed 
 with power and means fully adequate to the execution of 
 the law and the suppression of the trade ; so far at least 
 as our citizens were concerned. The measures then 
 adopted, effected the purpose for which they were design- 
 ed. They did more. They extorted from England, who, 
 next to the United States, has recently been foremost in 
 the adoption of means to this end, the unqualified admis- 
 sion, not only that the United States had been the first, 
 but also the most successful, laborers in the cause of 
 humanity. 
 
 " Thus matters stood at the period which I have men- 
 tioned. Our government, unfortunately not content with 
 well, must seek for better, and the negotiations of which I 
 speak were opened. So too with our affairs with the Spa- 
 nish American states ; they stand well ; we have done all 
 they expected of us, and more than they had a right to 
 ask. What we have done has reflected credit upon us, 
 and has been serviceable to them. Not content with this 
 
2(j2 ^ THE LIFE OF 
 
 Ave are hurrying on in the usual course; partial success is 
 leadmg us to injurious excess. Bui to return : the Presi- 
 dent negotiated a treaty with England, yielding, under 
 certain modifications, the right of search, and authorizing 
 a foreign power to enforce our own laws upon oar own 
 citizens. I need not state to this body the fate of that ill 
 advised project. The treaty was defeated by a vote of 
 the Senate. A similar one with the republic of Colom- 
 bia shared the same fate ; and, although the vote against 
 the English treaty was small, so rapidly did the sentiment 
 of opposition to the principle increase, that the rejection 
 of the latter treaty, at a subsequent session, was nearly 
 unanimous. Who is there now on this floor, that would 
 give his vote in favor of a similar measure ? But it seems 
 that the light of experience has been shed in vain upon 
 this obstinate propensity to figure in the diplomacy neces- 
 sarily growing out of foreign connection. The results of 
 the particular measures now referred to, were, as we all 
 remember, contention at home, and dissatisfaction abroad ; 
 a correspondence, with England, of not the most friendly 
 character, in which long explanations were made neces- 
 sary, of the character of our government, to satisfy other 
 powers that the President was not responsible for the ac' 
 of the Senate, Explanations were made with great abili- 
 ty by the then Secretary of State, and subsequently en- 
 forced with equal ability by the present Secretary. The 
 matter was understood here, and perhaps by the govern- 
 ments to whom those explanations were made ; but, to a 
 great part of the world, it appeared that the zeal of the 
 United States for the suppression of the slave trade, had 
 abated. The high character we had acquired for our early 
 and unceasing labors in that great cause, was not indeed 
 destroyed : for that could not be easily effected ; but our 
 motives were exposed to misconstruction, and are now 
 misrepresented by those who do not understand the struc- 
 ture of our government. Such, sir, was the consequence 
 of this third attempt to surrender the control of our con- 
 duct, in the support of our rights, or the discharge of our 
 duties, to foreign association: such the penalty of disre- 
 garding the warning voice of Washington — ' never aban- 
 don our own to stand on foreign ground.' Such are 
 among the least evils that have, sooner or later, in a great- 
 er or less degree, been the consequence of political con- 
 nections between different nations, at all times, and in all 
 places. Permit me to refer the Senate to a transaction of 
 the same chararter between other states. In 1815, the 
 
MARTIN VAN BUREN. 263 
 
 Plenipotentiaries from the five great European Powers, 
 viz : England, France, Russia, Prussia, and Austria, con- 
 vened at Vienna, declared to the world that they would 
 unite their means for the effectual suppression of the slave 
 trade. The settlement of those means was deferred to a 
 future period. At the conference of the plenipotentiaries 
 of the same powers, in 1818, at Aix la Chapelle, an at- 
 tempt was made to agree upon the means necessary to 
 eflect their declared object. Then occurred, what always 
 will occur, except in cases of great emergency — like the 
 recent coalitions among the powers of Europe against that 
 of Napoleon, when the very existence of several of the al- 
 lied powers was involved — the difficulty of agreeing upon 
 the terms of co-operation among nations having different 
 interests, feelings, prejudices, and views. England pro- 
 posed the extension of the right of search, as the only 
 means adapted to the end. Negotiation was commenced 
 and continued, until, finally, the measure proposed by 
 England was refused, or evaded, by all the powers, and 
 the conference dissolved, leaving the celebrated declara- 
 tion made at Vienna, unexecuted, and producing naught 
 but mutual distrust and dissatisfaction: Thus shewing 
 how easy it is for nations to unite in the avowal of a gen- 
 eral principle — how difficult to agree upon the means ot 
 enforcing it. So Avill it be with us and our South Ameri- 
 can friends and neighbors. There may be little difficulty 
 in uniting in avowing as a principle, that these continents 
 are no longer fit subjects for European colonization, or to 
 protest against the interference of Europe in the affairs of 
 Spanish America. But the moment we proceed to stipu- 
 late as to the mertvis of enforcing it, difficulties will occur 
 that, in all human probability, will impair the friendly re- 
 lations now existing between us. They will occur first in 
 the negotiation, and, if these are surmounted, certainly in 
 the application of the principles established, when the 
 time for their application unhappily occurs. 
 
 "But I cannot consent to trespass longer upon the time 
 of the Senate in pushing the discussion of this point fur- 
 ther, although various considerations, operating against the 
 measure, press upon my mind. If it were proposed to form 
 a connection with any European power, such as now de- 
 signed with the Spanish American states, it is hoped and 
 believed, that the measure would not meet with one ap- 
 proving voice — shall I say — on this floor? No, not in the 
 country. But it has been supposed that the United States 
 ought to pursue a different policy with respect to the 
 
264 THE LIFE OF 
 
 states in this hemisphere. It is tme, Mr. Monroe, in his 
 message, makes a distinction of this character, although 
 he by no means carries it to the extent proposed. If he 
 did, all that the distinction could derive from that cir- 
 cumstance, would be, the weight of his opinion, always 
 considerable, but never decisive. The question still re- 
 curs, is the distinction founded in principle and policy 1 
 If it be, it must arise from one of two reasons : either the 
 character of the governments of the Spanish American 
 states, or their local situation ; or, perhaps, from both. 
 The United Slates have hailed the emancipation of those 
 states with satisfaction ; they have our best wishes for the 
 perpetuity of their freedom. So far as we could go to aid 
 ihem in the establishment of their independence, without 
 endangering the peace, or embarrassing the relation of 
 our country, we have gone. More than that ought not to 
 be asked. Nor has it. Sensible of the embarrassments 
 which their invitaiion might produce, they declined to 
 proffer it until advised that v/e desired to receive it. Next 
 to being right, it is important to governments, as well as 
 individuals, to be consistent. Has the character of these 
 o-overnments been the principle upon which we have 
 hitherto acted in relation to those states ? It has not, 
 Mexico and Brazil were the last to shake off their depen- 
 dence on foreign authority. They were among the first 
 whose independence we acknowledged. Mexico was, at 
 the period of its acknowledgement, under the dominion of 
 the Emperor Iturbide, and Brazil of its Emperor, Don 
 Pedro. Asa special compliment to the Emperor of Mex- 
 ico, we sent, or rather intended to send, to his Court^ one 
 of the most distinguished men of the nation, (General 
 Jackson.). At the court of the Emperor Don Pedro, we 
 have our Minister ; v/hilst in the repul)lic of Peru — the 
 power with which the first of the treaties, in virtue of 
 which the Congress of Panama is to be held, was con- 
 cluded — we have not yet been represented. Do our prin- 
 ciples admit that we should adopt the measures proposed 
 with such reference, and upon such grounds? What are 
 those principles? That man is capable af self-govern- 
 ment ; that the people of every country should be left to 
 the free selection of such form of government as they think 
 best adapted to their situation, and to change it as their 
 mterests, in their own judgments, may seem to requijre. 
 Wherein consists our objection to the Holy Alliance ? 
 Because they confederate to maintain governments simi- 
 lar to their own, by force of arms, instead of the force of 
 
MARTIN VAN BUREN. 205 
 
 reason, and the will cf the governed. If we, too, con- 
 federate to sustain, by the same means, governments simi- 
 lar to our own, wherein consists the diflference, except 
 the superiority of our cause ? What is their avowed mo- 
 tive ? Self-preservation^ and the peace of Europe, 
 What would be ours ? Self-preservation and the peace 
 of America. I wish to be understood, I detest, as much 
 as any man, the principles of the Holy Alliance. I yield 
 to no man in my anxious wishes for the success of the 
 Spanish American states. I will go as far as 1 think any 
 American citizen ought to go, to secure to them the bless- 
 ings of free government. 1 commend the solicitude which 
 has been manifested by our government upon this subject, 
 and have, of course, no desire to discourage it. But 1 am 
 against all alliances, against all armed confederacies, or 
 confederacies of any sort. I care not how specious, or 
 how disguised ; come in what shape they may, I oppose 
 them. The states in question have the power and the 
 means, if united and true to their principles, to resist any 
 force that Europe can send against them. It is only by 
 being recreant to the principles upon which their revolu- 
 tion is founded ; by suffering foreign influence to distract 
 and divide them; that their independence can be endan- 
 gered. But, happen what may, our course should be left 
 to our choice, whenever occasion for acting shall occur. 
 If, in the course of events, designs shall be manifested, or 
 steps taken in this hemisphere by any foreign power 
 which so far affect our interest or our honor, as to make it 
 necessary that we should arm in their defence, it will be 
 done : there is no room to doubt it. 
 
 " The decision of that question may safely be left to those 
 who come after us. That love of country, and of freedom, 
 which now animates our public councils, is not confined 
 to us, or likely to become extinct. We require neither 
 alliance nor agreement to compel us to perform whatever 
 our duty enjoins. Our national character is our best, and 
 should be our only pledge. Meanwhile, let us bestow 
 upon our neighbors, the young republics of the South, the 
 moral aid of a good example. To make that example 
 more salutary, let it exhibit our moderation in success, our 
 firmness in adversity, our devotion to our country and its 
 institutions, and, above all, that sine qua non to the ex- 
 istence of our republican government — our fidelity to a 
 written Constitution.'*'' 
 23 
 
CHAPTER XVI« 
 
 Mr. Van Buren's opinions on the constitutionality and 
 expediency of appropriations of money by the Gen- 
 eral Government for Internal Improvements. 
 
 On the 22d of January 1824, Mr. Van Buren 
 called the attention of the Senate to the alarming 
 assumption of power , by the General Government, 
 in regard to internal improvements ; and after 
 stating the differences of opinion v^hich had arisen 
 betv^een the Executive and Congress, on several 
 occasions, and the conflicting sentiments of differ- 
 ent sections of the Union, he proposed sundry 
 amendments to the constitution, going to limit and 
 define the exercise of this power and secure the 
 state sovereignties from encroachments. 
 
 On the 19th of December 1825, he again 
 brought forward the same subject, and offered 
 two resolutions, one of which declared " that Con- 
 gress does not possess the power to make roads 
 and canals within the respective states ;" and the 
 
268 THE LIFE OF 
 
 other proposed a select committee to prepare ao 
 amendment to the constitution, " prescribing and 
 defining the power Congress shall have over tlie 
 subject of internal improvements, and subjecting 
 the same to such restrictions as shall eifectually 
 protect the sovereignty of the respective states, 
 and secure to them a just distribution of the bene- 
 fits resulting from all appiX)priations made for that 
 purpose." 
 
 He urged the adoption of these resolutions, tlte 
 object of which was to refer the whole matter to 
 the states, on the ground that the power of Con- 
 gress to legislate upon the subject had been a con- 
 stant source of unpleasant controversy ; that the 
 different departments of the government had nev- 
 er been of one opinion upon the subject ; that its 
 friends entertained different views of its source in 
 the constitution, ai^ of its extent and attributes, 
 and that the opposition to its exercise would never 
 be abandoned. He said an appeal to the states 
 had been suggested by Mr. Jefferson, in 1808, and 
 further recommended by Mr. Madison and Mr. 
 Monroe. 
 
 The progressive encroachments of the federal 
 Government upon the rights of the states in this 
 particular, were viewed with unceasing anxiety by 
 the republican party throughout the country. Mr. 
 Jefferson in a letter to Mr. Gooch about this peri- 
 od, expressed the most melancholy forebodings. 
 "That, at some future day," said he, "which I 
 hoped to be very distant, the free principles of our 
 government might change with the change of cir- 
 
MARTIN VAN BUREN. 269 
 
 cumstances, was to be expected. But I certainly 
 did not expect that they would not over-live the 
 generation which established them." After indulg- 
 ing in other similar remarks, and pleading his great 
 age as an excuse for not entering upon their de- 
 fence, he subjoins : " I will however say one word 
 on the subject. The South Carolina resolutions. Van 
 Buren's motion, and above all Bailey's propositions, 
 show that other states are coming forward on the 
 subject ; and better for any one to take the lead 
 than Virginia, where opposition is considered as 
 common place, and a mere matter of form and 
 habit."* 
 
 At every point, these encroachments were re- 
 sisted by Mr. Van Buren. On the 21st of April, 
 during the same session of Congress, he opposed 
 the appropriation for the Louisville canal, and 
 said : " the aid of this government can only be af- 
 forded to these objects of improvement, in three 
 ways ; by making a road or canal and assuming 
 jurisdiction ; by making a road or canal without 
 assuming jurisdiction, leaving it to the states ; or 
 by making an appropriation without doing either. 
 In his opinion, the General Government had no 
 riofht to do either, and at some future time he 
 should offer his reasons in support of this opinion." 
 
 So on the 15lh of the following May, on the 
 proposal to subscribe to the Dismal Swamp canal, 
 Mr Van Buren said : 
 
 ♦ Jefferson's Works, Vol. IV. p. 4-24. 
 23* 
 
270 THE LIFE OF 
 
 " He would not vote for the bill for he did not believe 
 that this government possessed the constitutional power 
 to make these canals, or lo grant money to make them. 
 * * If he believed in the power of the government to 
 grant money for thits purpose, the present mode would be 
 the last one he should think of adopting. If there was 
 any grant of money, at all, for this purpose, it should be 
 direct. Where aid was granted in the mode now propos- 
 ed, abuses would creep in, and in nine cases out of ten, 
 deception would be practised. In the state of New York, 
 Mr. Van Buren said, they had had full experience of this, 
 in the application for charters for banks ; plausible pre- 
 tences were set up that the state would be thereby bene- 
 fitted, till these practices became so numerous, that in the 
 end, public opinion was decidedly against them, and the 
 last Legislature, to their honor, had refused all applica- 
 tions of this description. * * As to the question (of 
 constitutionality) being settled, he should protest against 
 the admission of such a doctrine ; and he should resist to 
 all intents and purposes, the idea that th^ acts of this 
 Congress were to bind him and his constituents hereaf- 
 ter." 
 
 In the debate on Mr. Footers resolution, to au- 
 thorize the Vice President to call to order for 
 words spoken in the Senate, Mr. Van Buren se- 
 verely reprehended the loose doctrines of the then 
 existing administration in regard to Internal im- 
 provements, and in a note alludes to his own course 
 in the Senate on that interesting question. It is 
 as follows : 
 
 "Mr. Van Buren is by no means certain that in this 
 respect, he himself, has been altogether without fault. 
 At the very first session after he came into the Senate, 
 the knowledge of the perpetual drain that the Cumber- 
 land road was destined to prove upon the public Treas- 
 ury, unless some means were taken to prevent it, and a 
 sincere desire to go at all times, as far as he could consis- 
 tently with the constitutjon, to aid in the improvement, 
 and promote the prosperity of the Western country, had 
 induo'pd him, witnout full examination, to vote for a pro- 
 
MARTIN VAN BUREN. 271 
 
 vision, authorizing the collection of toll on this road. 
 The affair of the Cumberland road, in respect to its refer- 
 ence to the constitutional powers of this government is a 
 matter entirely siii generis. It was authorized dur- 
 ing the administration of Mr. Jefferson and grew out of the 
 disposition of the territory of the United .States through 
 which it passed. He has never heard an explantion of 
 the subject, (although it has been a matter of constant re- 
 ference,) that has been satisfactory to his mind. All that 
 he can say is, that if the question were again presented 
 to him, he would vote against it; and that his regret for 
 having done otherwise, would be greater, had not Mr. 
 Monroe, much to his credit, put his veto upon the bill : 
 and were it not the only vote in the course of a seven 
 year's service, which the most fastidious critic can tor- 
 ture into an inconsistency with the principles which Mr. 
 Van Buren professed to maintain, and in the justice of 
 which he is every day more and more confirmed." 
 
 The course of General Jackson's administration 
 has done much to throw light upon this subject, es- 
 pecially his famous veto upon the Maysville Road 
 bill. Mr. Van Buren was then a member of the 
 cabinet, and to use his own language, " gave to the 
 measure of which that document was an exposi- 
 tion, his active, zealous, and anxious support." 
 
 A condensed view of his sentiments upon the 
 whole subject, is contained in the following extract 
 from a letter written by him, when candidate for 
 the Vice Presidency, to a committee appointed by 
 a public meeting, at Shocco Springs, North Caro- 
 lina. It is dated in October 1832. 
 
 " Internal improvements are so diversified in their na- 
 ture, and the public agency of the Federal Government 
 in their construction, so variable in its character and de- 
 gree, as to render it not a little difficult, to lay down any 
 precise rule that will embrace the whole subject. The 
 broadest and best defined division, is that which distin- 
 guishes between the direct construction of works of in- 
 
272 THE LIFE OF 
 
 ternal improvement by the General Government, and pe- 
 cuniary assistance given by it to such as are undertaken 
 by others. In the former, are included the right to make 
 and establish roads and canals within the states, and the as- 
 sumption of as much jurisdiction over the territory they 
 may occupy, as is necessary to their preservation and use ; 
 the latter is restricted to simple grants of money, in aid 
 of such works, when made under state authority. 
 
 " The Federal Government does not, in my opinion, 
 possess the power first specified; nor can it derive it from 
 the assent of the state in which such works were to be 
 constructed. The money power, as it is called, is not so 
 free from difficulty. Various rules have, from time to 
 time, been suggested by those who properly appreciate the 
 importance of precision and certainty in the operations 
 of the Federal power. But ihey have been so frequently 
 infringed upon by the apparently unavoidable action of 
 the government, that a final and satisfactory settlement 
 of the question has been prevented. The wide differ- 
 ence between a definition of the power in question upon 
 paper, and its practical application to'the operation of gov- 
 ernment, has been sensibly felt by all who have been en- 
 trusted with the managment of public affairs. The 
 whole subject was reviewed in the President's Maysville 
 message. Sincerely believing that the best interests of 
 the Avhole country, the quiet, not to say the stability 
 of the Union, and the preservation of that moral force 
 which, perhaps, as much as any other, holds it together, 
 imperiously required that the destructive course of legisla- 
 tion upon that subject, then prevalent,should in some proper 
 and constitutional way, be averted, I throughout, gave to 
 the measure of which that document was an exposition, 
 my active, zealous, and anxious support. 
 
 " The opinions declared by the President in the Mays- 
 ville, and his succeeding annual messages, as I under- 
 stand them, are as follows. 1st. That Congress does not 
 possess the power to make or establish a road or canal 
 within a state, with a right of jurisdiction to the extent I 
 have stated ; and that, if it is the wish of the people that 
 the construction of such works should be undertaken by 
 the Federal Government, a previous amendment of the 
 constitution, conferring that power, and defining and 
 restricting its exercise, with reference to the sovereignty 
 of the state, is indispensable. 2d. An intimation of 
 his belief that the right to make appropriations in aid of 
 such internal improvements of a nationnl character, has 
 
MARTIN VAN BUREN. 273 
 
 been so generally acted upon, and so long acquiesced in by 
 the Federal and state governments, and the constituents 
 of each, as to justify its exercise, but that it is nevertheless, 
 highly expedient that even such appropriations should, 
 with the exception of such as relate to light houses, bea- 
 cons, buoys, public piers, and other improvements in the 
 harbors and navigable rivers of the United States, for 
 the security and facility of our foreign commerce, be de- 
 ferred, at least until the national debt is paid. 3d. That if 
 it is the wish of the people that the agency of the Fed- 
 eral Government should be restricted to the appropriation 
 of money, and extended in that form in aid of such un- 
 dertakings, when carried on by state authority, then the 
 occasion, the manner, and the extent of the appropriation, 
 should be made the subject of constitutional regulation. 
 
 " In these views I concurred, and I likewise participa- 
 ted in the difficulties which were encountered and ex- 
 pressed by the President, in adopting the principle which 
 concedes to the Federal Government the right to make 
 appropriations in aid of works which might be regarded 
 as of a national character ; difficulties which arose as 
 well from the danger of considering mere usage the 
 foundation of the right, as from the extreme uncertainty 
 of the best rule that had ever been adopted, or that could 
 in the absence of a positive constitutional provision, be 
 established. The reasons on which these objections 
 were founded, are so fully stated in the document refer- 
 red to, and have been so extensively promulgated, that it 
 is unnecessary for me to repeat them here. Subsequent 
 reflection and experience have confirmed my apprehen- 
 sions of the injurious consequences which would flow 
 from the resumption of appropriations for internal im- 
 provements, with no better rule for the government of 
 Congress than that of which 1 have spoken: and I do 
 not hesitate to express it as my opinion, that the general 
 and true interests of the country would be best consulted by 
 withholding them, with the exception which I have al- 
 ready referred to, until some constitutional regulation up- 
 on the subject has been made, 
 
 " In this avowal, 1 am certainly not influenced by feel- 
 ings of indifference, much less of hostility to internal im- 
 provements. As such, they can have no enemies, I have 
 never omitted to give them all the proper aid in my power ; 
 for which by the way, I claim no particular merit, as I 
 do not believe there is an honest and sane man in the 
 country, who does not wish to see them prosper — bui 
 
274 LIFE OF MARTIN VAN BUREN. 
 
 their construction, and the manner in which, and the 
 means by which they are to be effected, are quite different 
 questions. Rather than again expose our legislation to 
 all the corrupting influences of those scrambles and com- 
 binations in Congress, which have been heretofore wit- 
 nessed, and the other affairs of the country, to the injuri- 
 ous effects unavoidably resulting from them, it would, in 
 my opinion, be infinitely preferable to leave works of the 
 character spoken of, and not embraced in the exception 
 which has been pointed out, for the present, to the sup- 
 ports upon which they have reposed with so much suc- 
 cess for the last two years, viz : state efforts and private 
 enterprise. If the great body of the people become con- 
 vinced that the progress of these w^orks should be accel- 
 erated by the federal arm, they will not refuse to come to 
 some proper constitutional arrangement upon the subject. 
 The supposition that an equitable rule, which pays a 
 proper respect to the interest and condition of the differ- 
 ent states, could fail to receive, ultimately the constitu- 
 tional sanction, would be doing injustice to the intelli- 
 gence of the country. By such a settlement of the ques- 
 tion, our political system, in addition to the other advan- 
 tages derived from it, would, in relation to this subject at 
 least, be relieved from those dangerous shocks, which 
 spring from diversities of opinion upon constitutional 
 points of deep interests — and in the mean time, the re- 
 sources of the country would be best husbanded by being 
 left in the hands of those by whose labor they are pro- 
 duced." 
 
 These extracts it will be noticed, go farther 
 than the Veto Message upon the Maysville Road, 
 and assume the ground afterwards adopted by the 
 President, that even for purposes which might be 
 deemed of a national character, no appropriations 
 ought to be made without a previous amendment 
 of the constitution. 
 
CHAPTER XVII 
 
 Sentiments of Mr. Van Bur en with regard to protec- 
 tive diUies. Votes for the Tariff bill in 1824:, and in 
 1823, by instructions from his co7istituents. Extract 
 from his letter to the committee at Shocco Springs. 
 
 It has been stated on the highest authority, that 
 " Mr. Van Buren's personal feehngs have been at 
 all times adverse to the high tariff policy."* 
 
 His constituents, however, were generally in fa- 
 vor of protective duties, and his course in the Sen- 
 ate of the United States was strictly in compli- 
 ance with their sentiments. Accordingly, we find 
 him yielding a silent vote in favor of the tariff of 
 1824, and that of 1828. In the latter instance, he 
 was guided by the express instructions of the Le- 
 gislature of New York. 
 
 At a public meeting, held in Albany, on the 10th 
 of July 1827, to consider the expediency of co- 
 operating in the Harrisburgh convention, Mr. Van 
 
 * Mr." Butler's letter to Mr. Garland, March 1835. 
 
276 THE LIFE OF 
 
 Buren delivered a speech of considerable length 
 and great ingenuity. A large part of it was an 
 examination of the tariff bill which passed 
 the house of Representatives in 1827, but was 
 laid on the table in the Senate. 
 
 In the course of this speech, however, Mr. Van 
 Buren intimates his serious fears, that the friends of 
 protective duties were urging their measures with 
 too much eagerness. He also cautions the manu- 
 facturers against uniting their fortunes with any 
 political adventurer, and predicted, with great ac- 
 curacy, the overthrow of the great American sys- 
 tem, as it was called. The speech was printed 
 and extensively circulated, and contributed in no 
 small degree to the formation of juster views with 
 respect to the protective system. 
 
 The views of Mr. Van Buren, on the tariff, 
 were embraced in his reply to the Shocco springs 
 committee, in 1832. The following passages are 
 taken from that reply. 
 
 '• Although my official acts in relation to the protective 
 system might well be regarded as rendering the avowal 
 unnecessary, I think it, nevertheless, proper to say, that I 
 believe the establishment of commercial regulations, 
 with a view to the encouragement of domestic products, 
 to be within the constitutional power of Congress. 
 Whilst, however, I entertain this opinion, it has never 
 been my wish to see the power in question exercised with 
 an oppressive inequality upon any portion of our citizens, 
 or for the advantage of one section of the Union at the 
 expense of another ; on the contrary, I have at all times 
 believed it to be the sacred duty of those who are intrust- 
 ed with the administration of the Federal Government, 
 to direct its operations in the manner best calculated to 
 distribute as equally as possible, its burdens and bless- 
 ings among the several states and the people. My views 
 
MARTIN VAN BUREN. 277 
 
 upon this subject were, several years ago, spread before 
 the people of this state, and have since been widely dif- 
 fused through the medium of the public press. My ob- 
 ject at that time was to invite the attention of my imme- 
 diate constituents to a dispassionate consideration of the 
 subject in its various bearings ; being well assured that 
 such an investigation would bring them to a standard, 
 which, from its moderation and justice, would furnish the 
 the best guarantee for the true interests of all. If, as has 
 been supposed, those views have contributed in any de- 
 gree to produce a state of feeling so much to be desir- 
 ed, I have reason to be gratified with the result. 
 
 " The approaching, and if the policy of the present 
 Executive is allowed to prevail, the certain and speedy 
 extinguishment of the national debt, has presented an 
 opportunity for the more equitable adjustment of the ta- 
 riff, which has been already embraced by the adoption of 
 a conciliatory measure, the spirit of which will, I doubt 
 not, continue to be cherished by all who are not desirous of 
 advanciog their private interests at the sacrifice of those 
 of the public, and who place a just value upon the peace 
 and harmony of the Union. 
 
 " The protective system, and its proper adjustment, 
 became a subject of frequent and necessary consideration 
 whilst I formed a part of the cabinet ; and the manner 
 in which the President proposed to carry into effect the 
 policy in relation to imports, recommended in his 
 previous messages, has since been avowed, with that 
 frankness which belongs to his character. To this end 
 he recommended ' a modification of the tariff, which 
 should produce a reduction of the revenue to the wants 
 of the government, and an adjustment of the duty upon 
 imports, with a view to equal justice in relation to all our 
 national interests, and to the counteraction of foreign poli- 
 cy, so far as it may be injurious to those interests.' 
 
 "In these sentiments I fully concur; and I have been 
 thus explicit in the statement of them, that there may be 
 no room for misapprehension as to my own views upon the 
 subject. A sincere and faithful application of these 
 principles to our legislation, unwarped by private 
 interests or political design, a restriction of the wants 
 of the government to a simple and economical ad- 
 ministration of its affairs — the only administration which 
 is consistent with the purity and stability of the republic- 
 an system ; a preference in encouragement, given to such 
 manufactures as are essential to the national defence, 
 24 
 
278 THE LIFE OF 
 
 and its extension to others in proportion as tliey are adapt- 
 ed to our country, and of which the raw material is pro- 
 duced by ourselves, with a proper respect for the rule 
 which demands that all taxes should be imposed in 
 proportion to the ability and condition of the contributors, 
 would, I am convinced, give ultimate satisfaction to a 
 vast majority of the people of theUnited.States, and tend 
 to arrest that spirit of discontent, which is now unhappily 
 prevalent, and which threatens such extensive injury to 
 the institutions of our country." 
 
 It will only be necessary to subjoin the follow- 
 ing extracts from the letter of Mr. Benton to Gen- 
 eral Davis, to complete the view of Mr. Van Ba- 
 rents sentiments as regards the tariff. 
 
 " He, (Mr. Van Buren) was the first eminent member 
 of Congress, north of the Potomac, to open the war, at 
 the right point, upon the tariff of 1S28, then undergoing 
 the process of incubation through the instrumentality of a 
 convention to sit at Harrisburg. His speech at Albany, 
 in July 1827, openly characterized that measure as a po 
 liiical manoeuvre to influence the impending presidential 
 election ; and the graphic expression, ' a measure pro- 
 ceeding more Jrom the closet of the folitician than 
 from the workshop q/^Ae manufacturer,' so opportunely 
 and felicitously used in that speech, soon became the 
 opinion of the public, and subsequenty received the im- 
 press of verification from the abandonment, and the man- 
 ner of abandoning, of the whole fabric of the high tarifl' 
 policy. Failing to carry any body into the Presidential 
 chair, its doom pronounced by the election of Jackson 
 and Van Buren, it was abandoned, as it had been created, 
 upon political calculation ; and expired under afiat em- 
 anating, not from the workshop of the manufacturer^ 
 but from the closet of the politician. True, that Mr. 
 Van Buren voted for the tariff of 1828, notwithstanding his 
 speech of 1827 ; but, equally true, that he voted under in- 
 structions from his state Legislature, and in obedience to 
 the great democratic principle {demos, the people, krateo, 
 to govern) which has ahvays formed a distinguishing fea- 
 ture, and a dividing land-mark, between the two great po- 
 litical parties which, under whatsoever name, have al- 
 ways existed, and still exist, in our country. Sitting in 
 
MARTIN VAN BUREN. 279 
 
 the chair next lo him at the time of that vote, voting as 
 he did, and upon the same principle ; interchanging opin- 
 ions without reserve, or disguise, it comes within the per- 
 ception of my own senses to know,that he felt great repug- 
 nance to the provisions of the tariff act of '28, and vo- 
 ted for it, as I did, in obedience to a principle which we 
 both hold sacred." 
 
CHAPTER XVIII. 
 
 Mr. Van Buren's support of a strict construction of the 
 constitution^ with extracts from his speech on the pow- 
 er of the Vice President to call to order, for words 
 spoken in debate, in the Senate. 
 
 No one subject has more widely separated the 
 antagonist poHtical parties in the United States, 
 than the different principles of construction, ap- 
 plied by each, to the Federal Constitution. It has 
 been the constant effort of the democratic party, 
 to confine the powers of the Federal Government 
 to the exact and express limits, fixed by the letter 
 of the constitution. The party opposed to them, 
 have been equally persevering in their efforts to 
 extend the Federal jurisdiction, by resulting, con- 
 structive, and implied powers, not warranted by 
 the text of the constitution, or contemplated by 
 its framers, but flowing, as it is claimed, from cer- 
 tain general clauses, of which the purport is not 
 specific and definite. The most striking exam- 
 ples of the exercise of incidental or implied pow- 
 ers, are the incorporation of a bank of the United 
 24* 
 
282 THE LIFE OF 
 
 States, and the expenditure of the public funds for 
 internal improvements. No express authority is 
 given, in the constitution, for either of these meas- 
 ures. But Congress are authorized to receive 
 and disburse the public revenue, and are authori- 
 zed to make the laws " necessary and proper" for 
 this end ; and it has been held that a bank is ne- 
 cessary and proper, and hence, that the power to 
 create one, may be derived from a hberal construc- 
 tion of the specified powers. The constitution 
 does not expressly authorize the expenditure of 
 the public money for internal improvements ; but 
 it is said to be imj^lied in the power to establish 
 post-offices and post-roads, or in the power to 
 regulate commerce, or in the clause which speaks 
 of providing for the general welfare. Upon such 
 slight grounds, has been erected, a magnificent 
 system, embracing the most important interests of 
 the country, and involving the exercise of more 
 important functions, by the General Government, 
 than any which have been expressly granted in 
 the constitution. 
 
 In the first place, the power which is given to 
 the General Government of imposing duties on im- 
 ported articles, has been carried to such an ex- 
 tent, under the pretence of fostering domestic in- 
 dustry, as to fill the treasury with surplus funds, 
 beyond the current expenses of the government. 
 In the second place, as part of the same system, 
 these funds have been intended to carry on mag- 
 nificent roads and canals, in certain parts of the 
 Union, the control of which was to be in the 
 
MARTIN VAN BUREN. 283 
 
 Federal government, and would have involved an 
 immense executive patronage. Connected with 
 these schemes, was a vast national bank, profes- 
 sedly estabhshed for national purposes, but princi- 
 pally owned by individuals, with branches in every 
 part of the Union beyond the control of the state 
 governments, and capable of exercising an unlim- 
 ited influence over the pecuniary interests of the 
 whole community. 
 
 Thus was built up, what was called the " Great 
 American System ;" a system devised to promote 
 the ambitious views of individuals, based wholly, 
 as we have seen, upon distorted constructions of 
 the constitution, and sustained, for a time, by ap- 
 peals to local or partial interests. This vast 
 scheme was fitted to expand the powers of the 
 Federal government enormously beyond its con- 
 stitutional limits ; so that it must, eventually, have 
 swallowed up, as in a vortex, all the interests of 
 the confederated states. The legislative depart- 
 ment of the government, alloyed by local inter- 
 ests, or party prejudice, or individual schemes of 
 aggrandizement, was temporarily led into its sup- 
 port ; the judiciary department co-operated, with 
 the full weight of its character and influence, to 
 fasten this gigantic " system" upon the nation. 
 The Executive had the shelter of long precedent 
 and the force of previous example, to draw it into 
 acquiescence ;* but it yielded not. The com- 
 
 * The writer alludes, (with pain,) to the assent of General 
 Washington and Mr. Madison, severally, to the charter of the 
 United States Bank ; and Mr. Jefterson's acquiescence in the 
 project of the Cumberland road. 
 
284 THE LIFE OF 
 
 manding intellect of General Jackson saw the 
 alarming danger ; his more than Roman firmness 
 encountered it ; the constitution was rescued and 
 the country saved. The magnificent schemes of 
 national roads and canals, already contemplating 
 expenditures to the amount of nearly one hun- 
 dred millions of dollars, vanished at his touch ; the 
 extravagant system of impost duties, which had 
 brought the country to the eve of a civil war, was 
 reduced, by his energy, to its proper medium ; 
 and finally, the national Bank, the most formi- 
 dable engine ever invented to corrupt'the principles 
 and undermine the liberties of a republic, sunk 
 beneath the repeated applications of his eloquent 
 denunciations and official power. The great bat- 
 tle has been fought between the friends of the 
 constitution and the partizans of aristocratic cor- 
 ruption. The country now reposes in safety. 
 While our present venerable chief magistrate sits 
 at the helm of state, neither secret corruption nor 
 the formidable threats of coalescing factions, can 
 endanger popular rights or invade the constitu- 
 tion. But into whose hands, after his withdrawal, 
 are these sacred interests to be committed ? What 
 are the sentiments of him who may possibly suc- 
 ceed to this responsible trust ? Will he abide by 
 the letter and spirit of the constitution, or will he 
 be led astray, by the fraudulent inventions of 
 modern times, and leave the charter of our free- 
 dom to the perversions of selfish partizans ? An 
 answer to these questions, so far as Mr. Van Bu- 
 ren is concerned, may be found in the following 
 
MARTIN VAN BUREN. 285 
 
 extracts. They are from a speech which he de- 
 livered in the Senate of the United States, in the 
 winter of 1828, on a motion to invest the Vice 
 President with power to call to order for words 
 spoken in debate ; a power which the advocates 
 of a loose construction, pretended to derive by 
 implication from the nature of the office. 
 
 In the outset of his remarks, Mr. Van Buren 
 expressed his indifference as to the fate of the par- 
 ticular proposition before the Senate ; it was the 
 source from whence the power of calling to order 
 had been claimed for the Vice President, which 
 had excited his anxiety. In claiming that power 
 by implication, he said, " principles had been ad- 
 vanced and earnestly supported, against which he 
 felt it to be his duty, at least, to protest. Nay 
 more ; such was his repugnance to the doctrines 
 he had heard, so deep w^as his conviction of the 
 error in which they w^ere founded, that he could 
 not, without being disloyal to the most sacred of 
 his official duties, refrain from resisting them." 
 
 He then went into a careful examination of the 
 true nature and limits of the power of the Vice 
 President, and proceeded to remark on the gen- 
 eral doctrine of implied and constructive powers, 
 as follows : 
 
 " In every point of view, said Mr. Van Buren, in which 
 this subject had presented itself to his mind, it had produced 
 but one sentiment, and that was unqualified opposition to 
 the 'prerogative claimed for the chair. Although this 
 claim of power is now, for the first time made, the prin- 
 ciple in which it originates is as old as the government 
 itself, I look upon it, sir, as the legitimate offsprings of a 
 
288 THE LIFE OF 
 
 school of politics, which has, in times past, agitated and 
 greatly disturbed this country; of a school, the leading 
 principle of which may be traced to that great source of 
 the political contentions Avhich have pervaded every 
 country where the rights of man were in any degree re- 
 spected. I allude, sir, to that collision which seems to be 
 inseparable from the nature of man, between the rights of 
 the few and the many, to those never-ceasing conflicts be- 
 tween the advocates of the enlargement and conce7itra- 
 tion of power on the one hand, and its limUation and dis- 
 tribution on the other ; conflicts which, in England, crea- 
 ted the distinction between Whigs and Tories ; the latter 
 striving by all the means within their reach to increase 
 the influence and dominion of the throne, at the expense 
 of the common people ; and the former to counteract the 
 exertions of their adversaries, by abridging that dominion 
 and influence for the advancement of the rights and the 
 consequent amelioration of the condition of the people. 
 
 "Collisions of opinion and of action of a character simi- 
 lar in principle have existed, although under different de- 
 nominations, Avith different limits, and for different ends, 
 in most countries, and in an eminent degree in this. In- 
 deed the history of the struggles, the contests, the alter- 
 nating victories and defeats of these two restless and rival 
 principles, is the history of all republican governments, — 
 in fact, of all institutions formed for the protection of the 
 liberty of conscience and opinion, and the freedom of the 
 citizen. No where can its operation be more distinctly 
 traced than in our own early history. They were the 
 primitive elements, and animating causes of those whig 
 and tory parties, which, from the first Congress of 1765, 
 down to the glorious peace of 1783, on the one hand la- 
 bored unceasingly to consolidate all legislative authority 
 over these provinces in the single British parliament, and 
 to place all patronage, power, and influence, in the hands 
 of the executive and judicial representatives of the Crown; 
 and on the other hand, as boldly and perseveringly, but 
 happily more successfully, vindicated by reason, elo- 
 quence, and finally by arms, the rights of the several 
 American states, and the just powers of the immediate 
 representatives of the /)eop/e. The establishment of our 
 independence put an end to these conflicts, in the form 
 in which they had before been sustained ; but what its 
 effect was upon the spirit that produced them, could be 
 better judged from an attentive consideration of our sub- 
 sequent history. Attempts, said Mr. Van Buren, have 
 
MARTIN VAN BUREN. 287 
 
 I'requently been made in later days, and recently by the 
 highest authority in the government, to trace the origin 
 of the tv/o great political parties which have divided the 
 country, from the adoption of the constitution to the pres- 
 ent day. They have, for motives too obvious to require 
 explanation, been attributed to causes which had either 
 become obsolete, or been compromised by mutual con- 
 cession — such as the early difficulties growing out of our 
 relations with Great Britain and France, the expediency 
 of a navy, or similar questions. There was one consider- 
 ation, he said, that could not fail to arrest the attention of 
 the most superficial observer. It was this. If these party 
 divisions have sprung from no other cause than the tem- 
 porary circumstances to which they have been attributed, 
 why have they so long survived the causes that produced 
 them? That they still exist, and exist in full vigor in a 
 great portion of the Union, it would be an insult to our 
 observation and understanding to deny. The explana- 
 tion of the mystery was to be found, and to be found only, 
 in the falsity qf the ascription. They arose from other 
 and very different causes. They are, in truth, said he, 
 mainly to be ascribed to the struggle between the two 
 opposing principles that have been in active operation in 
 this country from the closing scenes of the revolutionary 
 war to the present day — the one seeking to absorb, as far 
 as practicable, all power from its legitimate sources, and 
 to condense it in a single head ; the other, an antagonist 
 principle, laboring as assiduously to resist the encroach- 
 ments, and limit the extent of executive authority. The 
 fomner has grown out of a deep and settled distrust of 
 the people and oj the states. It consequently regards ?.s 
 gain, every thing that can be drawn into the vortex of 
 federal power, and as making that power still more safe 
 in proportion as it is withdrawn from the popular de- 
 partments of the federal government to those that are fur- 
 ther removed from the control of public sentiment. The 
 antagonist principle has its origin in a jealousy of pow- 
 er, justijied by alt hwnan experience. It is founded on 
 the assumption, that the disposition of man to abuse dele- 
 gated authority is inherent and incorrigible ; it therefore 
 seeks its only security in the limitation and distribution 
 of those trusts which the very existence of government 
 requires to be reposed somewhere. Hence, the aversion 
 of its supporters to grant more power than is indispensa- 
 bly necessary for the objects of society ; and their desire, 
 as an additional safeguard, to place that which is confer- 
 
288 THE LIFE OF 
 
 red ia as many hands as is consistent with efficiency. 
 The former is essentially the monarcldcal, and the latter 
 the democratical spirit, of society. He wished not to be 
 misunderstood. He used these terms, as more expres- 
 sive of his meaning, than any that occurred to him. 
 He had no idea that all, or even the great body of those 
 who either now, or in times past, had been subject to the 
 influence of the first principle, were in favor of the es- 
 tablishment of a monarchy in this country, anymore than 
 he believed that those who had shown their preference 
 for democratical principles were in favor of the establish- 
 ment of an absolute democracy — neither side had views 
 thus extensive. The forms of both were repudiated, 
 while their respective spirits were, to no considerable ex- 
 tent, retained. The earlier battles upon this cardinal 
 point were fought upon the question of the degree of en- 
 ergy ; or in other words, j)ower that ought to be given to 
 the Federal Government, at the expense of the states and 
 the people. They commenced in the convention of 1787, 
 and soon spread through the great body of the people, 
 upon the question of ratification. The proceedings of 
 that convention were for a long time secret, but are now 
 before the public. In them, when taken in connection 
 with later events^ we read the grounds of our subsequent 
 political dissensions, in language so plain, that none but 
 those who are wilfully blind can be deceived. There 
 were, of course, different degrees, as to individuals ; but 
 the leading division in the convention was between those 
 who, distrustful of the states, sought to abridge their pow- 
 ers, that those of the new government might, thereby, be 
 enlarged, and those who, on their part, distrustful, per- 
 haps jealous of the government about to be created, and 
 possessing full confidence in those of the states, were as 
 strenuous to retain all powers not indispensably necessa- 
 ry to enable the Federal Government to discharge the 
 specified and limited duties to be imposed upon it. The 
 contest was animated, and, as it is well known, more 
 than once threatened a dissolution of the convention, 
 without agreeing upon any thing. Necessity, however, 
 ultimately compelled a compromise. The terms were 
 arranged as well as practicable. The then friends of 
 state rights, (the true federalists, but who, by a singular 
 misnomer, were immediately after called anti-federal- 
 ists, whilst those who had throughout opposed the feder- 
 al principle, assumed the then more popular name of fed- 
 eralists,) succeeded, or thought thev succeeded, in saving 
 
MARTIN VAN BUREN. 289 
 
 much of what they had so earnestly contended for. The 
 advocates of what was in the language of the day called 
 a strong General Government^ certainly failed in obtain- 
 ing by express grant, or necessary implication, much of 
 what they had so long and so ably struggled to acquire 
 for the new government. The question of ratification 
 came on, and was full of difficulty. The abuses to which 
 some of the more general provisions of the constitution 
 might be exposed, were pointed out by its opponents- 
 The concealed powers of the constitution, which are at 
 this day put forth with so much confidence, were dis- 
 claimed and condemned by those who advocated the rati- 
 fication. No candid and well-informed man, will for a 
 moment pretend that, if the powers now claimed for this 
 government had been avowed at the time, or even had 
 not been expressly disclaimed, there would have been the 
 slightest chance for the adoption of the constitution, by 
 the requisite number of the old thirteen states. 
 
 But it was ratified^ said Mr. V. B., and from the mo- 
 ment of its adoptio7i to the preseiit day, the spirit he had 
 described, had been at work to obtain by construction 
 what was not inchided, or intended to be included- Z7i the 
 grant. It was far from his intention to urge this as a 
 reproach against the actors in those scenes. He was per- 
 suaded that the motives of many, if not of all, were pure, 
 and even patriotic. They believed that the state Got- 
 ernments were not safe depositories of power ; that the 
 states would be able to control, and would injuriously 
 control the Federal Government, unless it had more 
 power than the convention of J 787 was willing to srant. 
 They thought, anc one of them with that ingenuousness 
 of feeling which distinguished his noble nature, avowed 
 officially, that the true question was, not what the fraraers 
 of the constitution intended, or what those by whom it 
 was ratified understood, but what was the correct con- 
 struction of the terms in which it was expressed. This 
 great man knew well that the power then claimed for the 
 government, could be sustained on no other grounds, 
 and he was always above disguise. 
 
 I am not, said Mr. V. B., condemning their motives, 
 but controverting their opinions. The test that was then 
 applied to the constitution, has been adjudged erroneous 
 and unjust, by the judges in the last resort — the people 
 themselves. The belief, (no doubt honestly entertained 
 by many,) that its application was necessary to the suc- 
 cess of the scheme and to the welfare of the country, wa? 
 25 
 
290 THE LIFE OF 
 
 founded in impressions as to the character of the state 
 governments, which experience has demonstrated to have 
 been unfounded. Many of the most distinguished of 
 those who then entertained those opinions, have since 
 abandoned them, convinced by the results of that experi- 
 ment which has since been made. Fifty years experi- 
 ence of the operation of the state governments, has made 
 ' assurance doubly sure,' that they richly deserve the 
 confidence which the people have ever been inclined to 
 bestow on them. Under the broad shield of state laws, 
 private rights have been protected, while public prosper- 
 ity was promoted. In the darkest hours of war, when the 
 General Government w^as disheartened and enfeebled by 
 debt and disaster, its unnerved arm w^as strengthened, 
 and the national honor rescued, by the authority, the pat- 
 riotism, and the credit of the states. In peace they have 
 not only fulfilled wisely and justly all the great purposes 
 of self-government, but several of them have established 
 noble systems of public instruction, or have accomplish- 
 ed, or are now" accomplishing great works of internal im- 
 provement, as far surpassing in magnitude and utility 
 any similar works of the General Government, as they 
 do in wisdom of plan, and economy, and judgment in 
 execution. A general surrender of such opi7iions, is, 
 therefore, at this time, a tribute justly due to the re- 
 deemed and established character of the state govern- 
 ments. But they are not surrendered — on the contrary, 
 they have become more and more extravagant, until those 
 under whose protection they now are, claim for this gov- 
 ernment powers which were in express terms repudiated 
 and denounced by the founders of this very school. 
 
 Mr. V. B. said, he would not feel himself at liberty to 
 detain the Senate by following the track of the govern- 
 ment in its whole extent, and through all its sinuosities, 
 to establish his positions, but he could not avoid doing so 
 in part. The subject was one of deep interest, of which 
 it behooved the American people to be fully informed, 
 but which it w^as to be feared is more frequently spoken 
 of than understood. The mass of our citizens are so 
 much engrossed in the affairs of their state governments, 
 that this great matter is in no inconsiderable degree neg- 
 lected. 
 
 " During the administration of General Washington, 
 no acts of a strong character took place, save the incor- 
 poration of the bank of the United States, that great 
 pioneer of constitutional encroachments, together with 
 
MARTIN VAN BUREN. 291 
 
 the principles avowed in relation to the treaty-making 
 power. The attachment of General Washington to the 
 constitution, his consciousness of the difficulty which had 
 attended its establishment, and the natural moderation 
 of his character, coming in aid of the firm countenance 
 maintained by the anti-federalists of that day, kept the 
 spirit of encroachment and construction within bounds, 
 that, compared Avith its present character, were reasona- 
 ble. But in the administration succeeding that of Gen- 
 eral Washington, continuing through the years of 1797, 
 '98, '99, it displayed itself in its true and most odious 
 character. Its fruits were so bitter, and are so well re- 
 membered, that any thing like a minute description of 
 them would be an act of supererogation. It was then 
 that the monarchical and aristocratical character of the 
 spirit he had described, was displayed in unceasing efforts 
 to wrest from the states the powers that justly belonged 
 to them, to exercise such as had never been conferred, 
 and to concentrate, as far as practicable, all authority in 
 the hands of the President. 
 
 "Among the usurpations of the day, the alien and se- 
 dition laws stand in bold relief, not only as furnishing land- 
 marks of the extent to which the presumption and arro- 
 gance of power dared to go, but also on account of their 
 agency in driving from public confidence those by whom 
 they were adopted. The inclination to draw the powers 
 of the government to one common focus, has been other- 
 wise exemplified in various ways, and at different periods 
 of our history. Time would only allow a brief notice of 
 one or two of them. 
 
 " The doctrine announced in the discussions on the 
 British treaty, that the house of Representatives were 
 bound to make all appropriations necessary to carry into 
 effect the stipulations of a treaty made by the President 
 and Senate, was a striking exemplification of this truth. 
 The extent to which this doctrine increases the executive 
 power, (in its most enlarged sense,) over the funds of the 
 nation, cannot fail to strike the mind at the first blush. 
 He did not wish to be understood as saying, or insinua- 
 ting, that all who adv^ocated that opinion, were influenced 
 by the spirit of which he had spoken. He did not believe 
 that such was the case. On the contrary, he was well 
 satisfied that there were those, on that occasion, as well 
 as on that of the incorporation of the Bank ot the United 
 States, (and especially him who was at the head of af- 
 fairs,) who were sincere friends to the state government?, 
 
292 THE LIFE OF 
 
 but were led away by the pressure of the times, and gave 
 their assent to measures which, under more auspicious 
 circumstances, they could not have approved. The prin- 
 ciple then avowed was resisted by the republicans of that 
 day, on the simple but intelligible grounds, that, so far 
 as the treaty stipulation could be carried into effect with- 
 out the aid of the house of Representatives, its interfer- 
 ence would be unauthorized, because, by the constitution, 
 the treaty-making power had been conferred on a ditfer- 
 ent department of the government ; but that, whenever 
 the action of the house of Representatives, the more im- 
 mediate agents of the people, was necessary, it must be 
 free to give or withhold its assent, according to its best 
 judgment, and upon its own responsibility ; that the con- 
 stitution neither declared nor intended, that, in cases 
 which might be of the greatest magnitude, it should be a 
 mere machine to be worked by the other departments of 
 the government. The same disposition to limit the pow- 
 ers of the popular branch, was forcibly illustrated in the 
 discussions on the ^foreign intercourse hilV in 1798. 
 It was upon that occasion contended, and successfully 
 too, that the house of Representatives had no discretion 
 upon the question of appropriation for the expenses of 
 such intercourse with foreign nations as the President 
 saw fit to establish — that they would be justly obnoxious 
 to the imputation of gross delinquency, if they hesitated 
 to make provision for the salaries of such foreign minis- 
 ters as the President, with the assent of the Senate, 
 should appoint. What would be the feelings of real and 
 unchanged republicans, in relation to such doctrines, at 
 this day ? Associated with them was the bold avowal, 
 that it belonged to the President alone to decide upon the 
 propriety of ihe mission, and that all the constitutional 
 agency which the Senate could of right have, was to 
 pass on the fitness of the individuals selected as minis- 
 ters. It was pretensions like these, said Mr. Van Buren, 
 aided by unceasing indications, both in the internal and 
 external movements of the Government, that produced a 
 deep and settled conviction in the public mind, that a de- 
 sign had been conceived to change the government from 
 its simple and republican form, to one, if not monarchi- 
 cal, at least too energetic for the temper of the American 
 people — a conviction which beyond all doubt, produced 
 the civil revolution of ISOO, and for which no ' oblivious 
 antidote' has been yet discovered by those who were 
 Us victims- By that great event, the public sentiment 
 
MARTIN VAN BUREN. 293 
 
 was improved, our public councils purified, the spirit of 
 encroachment severely rebuked, and, it was then hoped, 
 extinguished forever. During Mr. Jefferson's adminis- 
 tration, and with a single exception, that of Mr. Madison, 
 the government was administered upon the principles 
 which the fraraers of the constitution avowed, and which 
 their constituents had ratified, and the people once and 
 again confirmed. The charter of the bank of the United 
 States, was, after a hard struggle, suffered to expire ; and 
 the conceded and well-understood powers of the govern- 
 ment were found amply sufficient to enable it to perform 
 the great functions for which it was instituted. During 
 a great portion of the time the country was blessed with 
 a degree of prosperity and happiness without a parallel in 
 the world. At the close of Mr. Madison's administra- 
 tion, a new bank was incorporated, and received his re- 
 luctant assent. It Vv^ould be shutting our eyes to the 
 truth to deny, or to attempt to conceal the fact, that that 
 assent, coming from the quarter that it did, has had a 
 most powerful and far from salutary influence on the 
 subsequent course of the government. Its author had 
 himself, on a former occasion, demonstrated the want of 
 power in the Federal Government to incorporate a bank, 
 and his assent was now placed on the express ground that 
 the recognition of the authority of the government in re- 
 lation to the old bank, by the state governments and the 
 courts, as well as the people, had precluded the question 
 of constitutionality. Thus the power in question must 
 stand as a successful interpolation upon the text of the 
 constitution. This great precursor was again followed 
 by other attempts, but of a restricted and qualified charac- 
 ter, to extend the same principle to other topics of legis- 
 lation. They were, hov/cver. promptly defeated by Mr. 
 Madison, Vv-ho. upon all points, save the bank of the Uni- 
 ted States, preserved inviolate the great principles upon 
 which the revolution of 18G0 was founded, and of which 
 his own report upon the alien and sedition laws was the 
 exposition. For his departure, in that particular, (if a 
 departure it was,) his reasons have been seen. It is not, 
 at this time, my official duty to pass upon their suflicien- 
 cy ; and I am wholly unwilling to volunteer a denuncia- 
 tion of any opinion, deliberately formed, r.nd upon high 
 responsibility, by one of the most, if not ^//c^ most, accom- 
 plished statesmen that our country has produced. Ho\v- 
 ever individuals might differ as to the correctness of his 
 conclusion, all mankind must acquiesce in the purity of 
 25* 
 
nu "THE LIFE OF 
 
 the motives which led lo its adoption. The political con- 
 dition of the country, at the close of the late war, in re- 
 ference to old party distinctions, speculation as to the 
 future, and the aspirations of individual ambition, accom- 
 panied, in many cases, by a sincere desire to promote the 
 public good, produced occasional attempts during the ad- 
 ministration that followed, to revive in a form less excep- 
 tionable, the doctrine which had already been so emphat- 
 ically condemned by the people. They were, however, 
 in a great degree, restrained, and kept down by the resist- 
 ance of the remnant of the faithful, and the qualified op- 
 position of Mr. Monroe. 
 
 "But if these attempts, said Mr. V. B., to revive the 
 condemned heresies of former times, were not of them- 
 selves successful, they served the purpose of giving coun- 
 tenance to pretensions on the part of men now in power, 
 which out-Herod Herod. The opening scenes of the 
 present administration, have not only been the subjects 
 of intense interest in their day, but will mark an interest- 
 ing era in our future history. They will stand as a 
 beacon to succeeding administrations, warning them of 
 the point beyond which the people will never tolerate 
 encroachment upon the great charter of their liberties. 
 The present Executive, in his exposition of the constitu- 
 tional powers of this government has g-one far beyond 
 the utmost latitude of construction heretofore claimed, as 
 if to give point to his extravagant pretensions — to de- 
 monstrate that the result of the last election was not only 
 the restoration of the men of 1798, but of the principles 
 of that day, we have seen a great portion of the obnoxious 
 doctrine then contended for again broadly advanced in 
 the assumption, that it was within the ' constitutional 
 competency' of the Executive to have sent ministers to 
 the Congress of Panama, without the assent of the Sen- 
 ate ; and, sir, to give a high finish to the picture, it is 
 now strenuously contended, from a quarter in amity with 
 the Executive, that the control of the rights and privi- 
 leges of the Senators, on this floor, and their constituents, 
 in a most essential particular, is a power inherent in the 
 office of the Vice President of the United States. I have, 
 sir, been brought up in opposition to that school of politics 
 from which such principles are legitimate emanations. 
 From my first acquaintance with public affairs to the pres- 
 ent day, I have regarded it as a sacred duty to resist them; 
 and I consider myself, on this occasion, as in the dis- 
 charge of that duty. The grave matters of which T have 
 
MARTIN VAN BUREN. 295 
 
 spoken, with much more of what I might have spoken as 
 daily passing before our eyes, are, as has been before observ- 
 ed, identical in principle with those which were so em- 
 phatically adjudged against by the people, in 1800. They 
 are presented in a different and far more dangerous form ; 
 but they are, nevertheless, the same. The spirit of en- 
 croachmeni has, it is true, become more Avary, but it is 
 not a bit more honest. Heretofore the system was coer- 
 cioJi; now it is seduction. Heretofore unconstitutional 
 powers were exercised to force submission, now they are 
 assumed to purchase golden opinions from the people 
 with their own means. It is a great mistake, sir, to attri- 
 bute the radical change in government, effected contem- 
 poraneously with the election of Mr. Jefferson, either to 
 excess of taxation, or practical oppression under the alien 
 and sedition laws. Those, doubtless, produced great and 
 just excitement j but it did not belong to their nature to 
 produce such lasting consequences. Acts of individual 
 oppression had been committed before, and have, in dif- 
 ferent degrees, been committed since. But, after having 
 caused more or less of public excitement at the time, 
 they have passed away with the occasion that produced 
 them. Such is human nature now — such has it been in 
 all ages of the world. The acts I have alluded to, high- 
 ly exceptionable as they undoubtedly were, could never 
 have produced au unyielding exclusio7i from the confi- 
 dence of a majority of the people, for more than a quar- 
 ter of a century, of large masses of men di s ting- ui shed 
 or talent and private worth. No, sir, said he, the cause 
 of that great and glorious struggle lies deeper — much 
 deeper. It proceeded, not from the consequences of those 
 acts, but from an opposition to the principle upon which 
 they are founded — that principle was an alartning ex- 
 tension of the constructive powers of this government — 
 it arose, as he had before said, from a settled conviction 
 in the minds of the people, that a deliberate plan had been 
 formed by the men then in power, to change the gov- 
 ernment, from its true republican form, to one, if not 
 monarchical, at least too much inclined to that direction. 
 It was the apprehension that they were about to be de- 
 spoiled of the promised fruits of the revolution, that 
 aroused and called into vigorous action that same great 
 spirit by which the revolution itself was accomplished. 
 It is to that cause only that results unknown to the poli- 
 tics of any other country, are to be attributed. The cause 
 was at least adequate, if all the consequences have not 
 
296 THE LIFE OF 
 
 been permanent. And what is the true character of the 
 times upon which, in the course of events, and the provi- 
 dence of God, we have fallen ? Most unpropitious, truly. 
 "If the views in relation to the powers of this gov- 
 ernment, avowed by the present Executive, and which 
 lie at the foundation of the present administration, are 
 the true doctrines of the constitution, then luas ' the great 
 political revolution of 1800 founded in gross error^ if 
 not palpable fraud upon the people.'^ Disguise the mat- 
 ter as you will, said he, ' to this complexion must we 
 come at last.' It was most manifest, he said, that what- 
 ever effect the events of 1797-8-9 and 1800 had had upon 
 the federal men of that day, their consequences upon the 
 principles that then prevailed, have not been as effectual 
 as was hoped, and for a season believed. 
 
 * We have scotched the snake, not killed it ; 
 ' She'll close and be herself again.' 
 
 " But he trusted the prediction would not be verified 
 SheHl not close again. The people will prevent it. He 
 must indeed be a miserable judge of public sentiment, 
 who cannot see in its daily indications that the same 
 spirit which once before rescued the constitution from the 
 hands of its enemies, is at this moment fully roused. The 
 excesses of the last three years have produced in this 
 country changes of public opinion wholly without prece- 
 dent. The time, he trusted, was not far distant, when 
 the interpolations which had been attempted upon the 
 constitution, with the wretched sophisms by which they 
 were supported, will be subjects of severe reprehension ; 
 nay, of derision, with the people, and when a great por- 
 tion of the talents that have been employed in weaving 
 the net, will need all its own ingenuity to escape its 
 meshes. He hoped he had not been understood as sup- 
 posing that all who had heretofore been ranked among 
 the supporters of the high-toned doctrines he had con- 
 demned, must of consequence occupy the same station 
 now. By no means. He would be ashamed of himself 
 to be found the author of sentiments so contracted and 
 illiberal. He knew too well that although, to a certain 
 extent, names are things, they are not always the uner- 
 ring evidence of the things they signify. The full exper- 
 iment, in peace and. in war, which, we hare now had of 
 the respective operations and efficiency of the Federal 
 and state governments^ ought to satisfy every dispas- 
 
MARTIN VAN BUREN. 297 
 
 sionate inquirer after truth, of the fallacy of opinions 
 once so extensively entertaijied. Those who thought 
 so ought to abandon them, and all who are wise enough 
 to be honest, will do so. It is of itself immaterial by 
 what political appellation men have heretofore been cal- 
 led. The great question is, what are honestly their pres- 
 ent sentiments upon those great points which have, from 
 the beginning, divided the American people, and would, 
 he feared, continue to do so to the end ? 
 
 " Mr. Van Buren said that, contrary to his first impres- 
 sion, he would vote in favor of the whole amendment 
 proposed by the Senator from Connecticut. He would 
 do so because it would be the most effectual manner in 
 which he could assist in putting down what, with ail re- 
 spect for the opinions of his fellow Senators, he could not 
 but regard as a monstrous construction of the constitu- 
 don. The amendment proposed an appeal from the de- 
 cision of the Vice President to the Senate. If he be- 
 lieved that the Vice President possessed the power in 
 question by virtue of his office, he could not vote for so 
 great an encroachment upon his constitutional rights as 
 to subject their exercise to a supervision not provided for 
 by the constitution. If, therefore, the amendments were 
 adopted, he hoped we should hear no more of an inherent 
 right, which you, sir, have, much to your credit, refused 
 to usurp, and which we, as I cannot but think, to our dis- 
 eredit, are attempting to force upon you, nolens volens/' 
 
CHAPTER XIX 
 
 Pernicious effects of the system of incorporated Bank' 
 ing companies in the United States. Opposition oj 
 Mr. Van Bitren to the extension of this system in the 
 state of New York. His opposition to the bank of the 
 United States. 
 
 It is the striking remark of a statesman of much 
 experience in public affairs, who, amid dignified 
 retirement, in the evening of his days, has devoted 
 a penetrating mind to the most elaborate political 
 research, " that associated wealth is the dynasty of 
 modern states."* 
 
 The apothegm is true of Europe, where bankers 
 are already the real monarchs, and a poor noble- 
 man or a poor king is as impotent as any other 
 poor man. But in this country it has its most 
 
 *The Hon. Samuel C. Allen, of Mass., whose disinterested 
 efforts to defend the rights of those who live by their own labor, 
 has brought upon him the most outrageous abuse, from those 
 who live by th? labor of th<?ir fellow-m«n. 
 
300 THE LIFE OF 
 
 striking application. The written charter of our 
 national liberties guards against a dynasty of here- 
 ditary rank or of legitimate descent. Tt has not 
 proved a safeguard against a dynasty of associated 
 wealth. The aristocratic principle, which is in- 
 herent in the nature of man and has exhibited its 
 activity in all ages, by monopolizing the blessings 
 of life, has been cut off from most of its accustom- 
 ed means of manifestation, by the founders of our 
 government. The spirit of tyranny caimot exhibit 
 itself in this country by monopolizing legislation, 
 or titles, or rank. Orders of nobility, primogenital 
 rights, inherited rank, and birth right privileges, of 
 every kind, have been exterminated by the bra- 
 very and wisdom of our patriotic ancestors. But 
 one channel remains for the spirit of aristocracy 
 to pour its entire flood into ; it is the monopoly of 
 wealth. One weak point exists in the fortress of 
 our freedom ; it is that which may be assailed by 
 the engine of combined wealth. One order of 
 nobility is not guarded against ; an order untitled, 
 it is true, but possessing attributes more radically 
 injurious to popular rights than all the empty 
 insignia of foreign aristocracy. It is based, not 
 upon the respect which is naturally paid to the 
 descendant from a long line of illustrious ances- 
 tors, but upon the influence of that sordid principle 
 in men, which, the greatest of all reformers in re- 
 ligion and politics, characterized as " the root of 
 all evil." Wealth is the grand engine of self ex- 
 altation and of popular oppression in this country. 
 Such is the nature of our institutions that the love 
 
MARTIN VAN BUREN. 301 
 
 of domination, inherent in the human breast, has 
 here, no other outlet. 
 
 Of all inventions which have been put in opera- 
 tion, in this country, to promote the inordinate ac- 
 cumulation of wealth, the most exceptionable are 
 incorporated companies ; and the worst of all in- 
 corporated companies are hanks. It is a cardinal 
 principle of political economy that labor is the on- 
 ly means overeating wealth. Labor draws wealth 
 from land and from other natural sources. Its 
 operations are greatly aided by capital, in various 
 shapes, and in some branches, a certain amount of 
 floating capital, that is, money and credit, is almost 
 indispensable. The laborer seldom possesses this 
 capital ; he is willing to give a portion of the pro- 
 ceeds of his labor, for the use of it ; and the owner 
 of the capital is thus enabled to enjoy a portion of 
 the fruits of the poor man's labor. Such must 
 ever be the course of things where any inequalities 
 of wealth exist ; and inequalities of wealth must 
 exist while inequalities of natural talents, of virtue 
 and intelligence, pervade a community. But it is 
 the policy of political systems which aim to se- 
 cure the happiness of all, in equal degrees, to di- 
 minish these inequalities, as far as possible, by 
 preventing the individual aggregation of capital, 
 and securing to labor its entire fruits. Banks and 
 monied incorporations strongly counteract this 
 policy. They combine the floating capital in great 
 masses, and enable its owners by co-operation, 
 to prescribe conditions for its dispensation to bor- 
 rowers, which are oppressive and burdensome. 
 26 
 
302 THE LIFE OF 
 
 They impede the natural tendency of capital to 
 equahzation and distribution. They create no 
 wealth ; their only functions are to accumulate 
 capital and direct its operations. Their special 
 privileges and extensive combinations of selfish 
 interests, enable them to do this, in such a w^ay, 
 as to extort from industry an undue portion of its 
 results. The very object of an incorporate char- 
 ter is to give its possessors artificial powers and 
 special privileges, not enjoyed by others, or an ex- 
 emption from habilities to which others are sub- 
 jected. Rich men, thus combining their fortunes 
 to a certain extent, to control the loaning of cap- 
 ital, euid, unhke ordinary partners in business, 
 exempt from personal liability, are enabled to op- 
 press the individual laborer who, in solitary pov- 
 erty, eats his bread " in the sweat of his face." 
 
 All such combinations of wealth against labor^ 
 of accumulation against productive industry, of 
 the rich against the poor, ought to be regarded 
 with disapprobation, by a government which pro- 
 fesses to dispense its benefits, equally, to all. 
 
 The federal constitution gives to the General 
 Government the exclusive right to coin money. 
 This would seem to vest in that government, a 
 control over the circulating medium of the nation. 
 But in point of fact, a paper currency has been al- 
 most universally substituted for the constitutional 
 coin of the government. The privilege of manu- 
 facturing this circulating medium has been con- 
 ferred, by state Legislatures, upon a multitude of 
 
MARTIN VAN BUREN. 303 
 
 incorporated banks ; and they have substituted, in- 
 stead of money, their own credit. Their notes 
 are called money, and are made to perform its 
 functions; and the prerogative of the Federal 
 Government has, thus, in fact, been usurped by 
 these corporate bodies. It may reasonably be 
 doubted whether the whole system, from begin- 
 ning to end, is not an infraction of the constitution. 
 It is, at least, an evasion of its plain provisions, 
 pernicious in its influence upon industry and mor- 
 als, and meriting the firm resistance of all true 
 lovers of equal rights. 
 
 At the head of the vast system of machinery 
 in this country, for the undue aggregation of 
 wealth, stands, or rather stood, the bank of the 
 United States, Resisted in its embryo state, by 
 Jefferson, struck down for a time by the casting 
 vote of Vice President Clinton, it has finally re- 
 ceived its death blow from the hand of our pre- 
 sent illustrious chief magistrate. 
 
 The sentiments of Mr. Van Buren, on a matter 
 of so great importance, deserve a careful exam- 
 ination, and a view of them will be given here. 
 
 In the first place, it may be stated, that he has 
 wholly abstained from becoming the owner of any 
 bank stock, or taking any interest in any company 
 incorporated by the Legislature of New York, 
 since the period of his first entrance into the Sen- 
 ate of that state, in 1812, 
 
 In the next place, he has been a firm opponent 
 throughout his whole public life, of the extension of 
 the banking system in the state of New York and 
 of a bank of the United States. 
 
304 THE LIFE OF 
 
 His public opposition may be traced back to 1811. 
 In February of that year, the venerable George 
 Clinton, the Nestor of the New York democracy, 
 by his casting vote, as President of the Senate, de- 
 feated the renewal of the charter of the bank of 
 the United States. Mr. Van Buren ardently and 
 vigorously sustained this bold act of patriotism. 
 
 When the project of replacing this bank by the 
 bank of America in New York, was brought for- 
 ward, Mr. Van Buren took the most decided stand 
 against it. He was active in originating a conven- 
 tion of the democracy of his country to oppose it, 
 and delivered an elaborate and powerful speech 
 against the proposed measure. 
 
 In the spring of 1812, Governor Tompkins 
 prorogued the Legislature, to prevent the passage 
 of the charter for the bank ; and Mr, Van Buren 
 yielded this energetic, but necessary, exercise of 
 power, his firmest support. 
 
 The opposition of Daniel D. Tompkins to banks 
 in general, is well known ; an opposition in which 
 the elder and younger Clinton co-operated. Mr. 
 Van Buren, during his whole political course in the 
 state of New York, was found in the same oppo- 
 sition. No public man has ever been more op- 
 posed to the extension of the banking system. 
 The journals of the New York Senate evince, that 
 during the many years he was a member of that 
 body, he was constant and zealous in his opposi- 
 tion to the increase of banks. After he ceased to 
 be a member of that body, he viewed every me a- 
 
MARTIN VAN BUREN. 305 
 
 sure, calculated to check the extension of banks, 
 with strong approbation; and in May, 1827, in 
 the Senate of the United States, he alluded to the 
 applications for bank charters in the state of New 
 York, and said " the Legislature, to its honor, at 
 the last session, had refused all apphcations of this 
 description." 
 
 The question of re-chartering the bank of the 
 United States did not arise during his service in 
 the United States Senate. But the doctrine of a 
 strict construction of the constitution, which he 
 maintained on all occasions, was levelled in a great 
 measure, against the bank of the United States ; 
 and in his speech on the powers of the Vice Presi- 
 dent, in 1828, he characterises the incorporation of 
 that bank as the " great pioneer of constitutional 
 encroachments." 
 
 This solemn declaration against the constitution- 
 ality of the bank was made, it will be noticed, be- 
 fore the election of General Jackson to the Presi- 
 dency, and two years before his message in 1830, 
 first calling the attention of Congress to the re- 
 newal of the charter. 
 
 Having thus shown Mr. Van Buren's steady op- 
 position to the banking system, in general, and the 
 bank of the United States in particular, from his 
 first entrance upon political life to the last session 
 of his service in the Senate of the United States, it 
 may be proper to bring down this part of our sub- 
 ject to the present time, though we shall be obliged, 
 26* 
 
306 - THE LIFE OF 
 
 thereby, to anticipate some portion of the regular 
 narrative. 
 
 In the summer of 1832, when Mr. Van Buren 
 was a candidate for the office of Vice President, a 
 letter was addressed to him, by a committee of a 
 public meeting in North Carolina, requesting an 
 expression of his sentiments on various topics of 
 pubhc interest. His reply to this letter is dated 
 October 4th 1832. So far as it relates to the pro- 
 tective system and internal improvements, it has 
 already been laid before the reader, under those 
 respective heads. The part which relates to the 
 bank of the United States is as follows : 
 
 " I am unreservedly opposed to a renewal of the charter 
 of the United States bank, and, approve of the refusal of 
 the President to sign the bill passed for that purpose, as 
 well on account of the unconstitutionality, as the impoli- 
 cy, of its provisions." 
 
 In the winter of 1834, the country was suffering 
 from the oppressions of the bank of the United 
 States, which followed the removal of the de- 
 posites. The firmness with which Mr. Van Buren 
 sustained every measure for the suppression of 
 the bank, drew upon him and his political friends, 
 every species of suspicion and abuse. Among 
 other things it was suggested, that a transference 
 of the bank from Philadelphia to New York was 
 the end, really, in contemplation. The insinua- 
 tion was indignantly repelled by Mr. Wright of the 
 Senate, in behalf of the democracy of New York : 
 and the hearty concurrence of Mr. Van Buren in 
 this refutation of a calumny, was fully known 
 to all. 
 
MARTIN VAN BUREN. 307 
 
 When the panic arising partly from the scarcity 
 of money, but more from the inflammatory har- 
 rangues of certain members of the Senate, was at 
 its greatest height, and the situation of the com- 
 mercial community, had become truly alarming, Mr. 
 Van Buren received a letter from a personal and 
 political friend, advising him of a proposed appli- 
 cation for a new bank, to be fixed in the city of 
 New York, and free from many of the objeQtions 
 to the existing bank. In his reply, among other 
 similar sentiments, is the following : 
 
 " As it has been thought proper to advise me, in ad- 
 vance of the contemplated movement, I should be want- 
 ing in candor, and 1 think in duty also, if I left you for a 
 moment uninformed of my sentiments upon this subject. 
 The application of vi^hich you speak, could serve no other 
 purpose than to aid the existing bank in the efforts it is 
 making to obtain an extension of its charter, and to ex- 
 pose the motives of the opponents of the bank who unite 
 in it, to the imputation (doubtless in the present case an 
 unjust one) of having been influenced in their opposition 
 by selfish motives. Of this, I have not the slightest 
 doubt. And without having communicated with the 
 members, or laying claim to information that is not open 
 to all attentive observers, I cannot hesitate in believing, 
 that it would be impossible to obtain a dozen votes in 
 favor of such a proposition, in both branches of the Na- 
 tional Legislature. At all events, I think it proper, to say 
 to you, that it could not receive either countenance or sup- 
 port from me. I could not act otherwise, without a de- 
 parture from principles Avhich T sincerely entertain, which 
 have been avowed to the people before my election, and 
 which I feel it to be a sacred duty to maintain inviolate." 
 
 The Hon. Thomas H. Benton, United States 
 Senator fi'om Missouri, in a letter to General 
 Davis of Mississippi, dated December 16th 1834, 
 
308 THE LIFE OF 
 
 bears testimony to the sentiments of Mr. Van 
 Buren, at that time. Mr. Benton's efforts to re- 
 store to the country a constitutional currency have 
 given him a proud distinction : the country yet ex- 
 pects much from his exertions. On a point, with re- 
 gard to which his own views are so clear and his 
 solicitude so great, that his testimony is of peculiar 
 value, and his means of obtaining accurate infor- 
 mation are complete. Alluding to Mr. Van Buren, 
 he says : 
 
 " I have known that gentleman long and intimately. 
 We entered the Senate of the United States together, 
 thirteen years ago, sat, six years, in seats next to each 
 other, were always personally friendly, generally acted 
 together on leading subjects and always interchanged 
 communications and reciprocated confidence. * * * 
 He, (Mr. Van Buren) is a real hard money man ; opposed 
 to the paper system ; in favor of a national currency of 
 gold ; in favor of an adequate silver currency for common 
 use ; against a small note currency, and in favor of con- 
 fining bank notes to their appropriate sphere and original 
 function, that of large notes for large transactions and 
 mercantile operations." 
 
 Finally, it will be proper to subjoin the author- 
 ized statement of a gentleman who possesses the 
 confidence of Mr. Van Buren in an eminent de- 
 gree, and whose testimony is beyond impeachment. 
 Mr. Butler, in his published letter to Mr. Garland 
 in March 1835, says of Mr. Van Buren's views on 
 this point ; 
 
 " To close the door to cavil, I state ; 1st. That he 
 holds that Congress does not possess the power to etablish 
 a national bank in any of the states of the Union, nor to 
 establish, in such states, the branch of any bank, located 
 
MARTIN VAN BUREN. 309 
 
 in the District of Columbia ; and 2ndly. That he is, there- 
 fore, decidedly opposed to the establishment of a national 
 bank in any of the states, and is also opposed to the 
 establishment of any such bank in the District of Colum- 
 bia, as unnecessary and inexpedient, and as liable to a 
 great proportion of the abuses which have, in his opinion, 
 been practised by the existing bank." 
 
 From these facts and statements, it appears to 
 the present writer, that whatever may be thought 
 of Mr. Van Buren's opinions on other topics, he 
 will appear to be decidedly " committed" on the 
 subject of a bank of the United States. 
 
 It may be proper, here, to remark that Mr. Van 
 Buren was re-elected to the Senate of the United 
 States on the 6th of February 1827, by a vote 
 of twenty-three to eight in the Senate, and of 
 eighty-two to thirty-one in the House of Repre- 
 sentatives ; uniting in both houses, the entire demo- 
 cratic votes. 
 
CHAPTER XX. 
 
 Mr. Van Bdren's support of the bill 'providing for the 
 surviving officers of the Revolution. Summary view 
 of his sentiments on various political questions. His 
 constant observance of the will of the people. Right 
 and capacity of the people to direct the administra- 
 tion of the government. 
 
 In presenting a view of Mr. Van Buren's ser- 
 vices as Senator of the United States, the support 
 he rendered to the bill for relieving the surviving 
 officers of the revolutionary army ought not to be 
 omitted, though the discussion so far as he engaged 
 in it, presented fev^^ abstract political questions. 
 Great as should be the caution, in a republican 
 government, in dispensing pensions or pecuniary 
 provisions for any class of men, no public act of 
 Congress ever drev^ forth, from the American peo- 
 ple, a more unanimous, heartfelt and warm ap- 
 proval, than that by which a retributive provision 
 was made for the patriots of the revolution. 
 
 Mr. Van Buren joined in the debate on this in- 
 
312 THE LIFE OF 
 
 tere sting topic, at different times, and lent to the 
 proposed measure the aid of his best exertions and 
 utmost influence. A speech which he delivered 
 in the Senate, on the 28th of January 1828, is 
 among the most elaborate in point of argument, 
 rich in historical illustration, and forcible in thought 
 and language, to be found in the whole range of 
 parliamentary eloquence. 
 
 It is a matter of sincere regret, that the plan of 
 the present work is such as necessarily to exclude 
 this eloquent tribute to the memory of a past gen- 
 eration, and appeal to the justice of the present. 
 
 Other subjects, of considerable temporary in- 
 terest, received the attention of Mr. Van Buren, 
 during his continuance in the United States Sen- 
 ate. The suppression of piracy, the Yazoo claims, 
 the Florida wreckers, the Creek treaty, and in- 
 deed most of the leading topics which were dis- 
 cussed on the floor of the Senate chamber, called 
 forth his opinions and often were the occasions of 
 long and able speeches. These topics, however, 
 not involving any cardinal political principles, are 
 not particularly introduced in the present abbrevi- 
 ated summary. From the extracts already em- 
 bodied in these pages, the reader may form some 
 adequate estimate of his indefatigable exertions in 
 the Senate, and a just and complete view, it is be- 
 Heved, of his sentiments, on most of the leading 
 political questions which agitate the community. 
 Few public men have been more explicit and dis- 
 tinct, than Mr. Van Buren, in the avowal of their 
 principles on all political questions ; if these prin- 
 ciples have failed to meet the notice of any one, it 
 
MARTIN VAN BUREN. 313 
 
 must have been through great inattention to pub- 
 He affairs. His opinions have been openly avow- 
 ed ; they are on record before the public, and 
 are here brought together, from sources w^hich are 
 open to all. It was truly said by himself, in his 
 speech at a public meeting in Albany, in 1827, 
 that in the " course of his public career, he had un- 
 avoidably been connected with political subjects, 
 neither free from excitement, nor inconsiderable in 
 point of responsibility." From the exposition 
 here given, the candid reader may judge whether 
 he has ever shrunk from that responsibility or been 
 turned, by that excitement, from an independent 
 and ingenuous course. It has been the aim of the 
 present writer to adduce every thing which might 
 tend to the clear exposition of his political senti- 
 ments ; nothing has been, intentionally omitted, 
 glossed over, or unfairly represented. Mr. Van 
 Buren's real opinions, as expressed by himself, 
 whether right or wrong, just or unjust, have been 
 fairly laid before the public in the foregoing pages. 
 He would be singularly fortunate and happily ex- 
 empt from the ordinary lot of humanity, if, in the 
 course of a long political career, he had never ex- 
 pressed sentiments or advocated principles, which 
 at a subsequent period and with a maturer judg- 
 ment, he might wish to modify or recall. Doubt- 
 less, Mr. Van Buren's views of truth, like those 
 of other men, have grown clearer with more ma- 
 ture reflection and riper years. If any progress 
 of this kind be apparent, or any discrepancies, at 
 different periods, appear, the means of detect- 
 27 
 
314 THE LIFE OF 
 
 ing them are now, fully, before his political oppo- 
 nents, from whom no mercy or indulgence will ev- 
 er be asked by his friends in his behalf. The wri- 
 ter will, at least, be much mistaken, if the oft reit- 
 erated charge of withholding his sentiments from 
 public view, does not meet with a perfect refuta- 
 tion in the foregoing pages. Misrepresentation 
 will no longer have to contend with a shad- 
 ow ; the substance appears, in too broad a light, 
 to be unnoticed by the most imperfect and dis- 
 torted vision. The political opinions of Mr. 
 Van Buren, herewith committed to the pubHc, are 
 sufficient, at any rate, to occupy, for a considera- 
 ble time, the ingenuity of his political opponents 
 in their refutation. 
 
 It will be seen that he has been, from his ear- 
 liest political life, opposed to the extension of the 
 banking system, in all its shapes, and especially to 
 a national bank in any form ; that he has labored 
 in his native state, to extend the right of suffrage 
 to its utmost limits ; that he has, with equal assi- 
 duity, struggled for the abolition of imprisonment 
 for debt ; that he has urged with perseverance, 
 though not, alas, with success, such an amendment 
 of the constitution as would give the choice of 
 President to the people, and withdraw it alto- 
 gether, from the House of Representatives ; that 
 he has opposed, with his utmost ability, those 
 lax constructions of the constitution which have 
 led to lavish expenditures for internal improve- 
 ments and have tended to the enlargement of the 
 powers of the General Government so as to en- 
 danger the sovereignties of the states ; that he has 
 
MARTIN VAN BUREN. 315 
 
 been averse to a high tariff, though obedient to the 
 will of his constituents, notwithstanding his per- 
 sonal judgment, on a point involving, in his opin- 
 ion, no violation of the constitution ; that on the 
 great questions of disposing of the public lands ; 
 of protecting commerce, and of providing a tardy, 
 but just compensation for the heroes of the revo- 
 lution, he has avowed the most patriotic and lib- 
 eral sentiments ; that he has been the unwaver- 
 ing champion of national honor and the protection 
 of the rights of American citizens, in his extraor- 
 dinary zeal to sustain the late war, to suppress pi- 
 racy and to secure the colonial trade ; that in all 
 the responsible and exciting conditions of a long 
 and laborious political career, he has risen above 
 considerations of personal interest and private re- 
 sentment, and been guided by the most enlighten- 
 ed political principles and the purest devotion to 
 the public weal. 
 
 No wonder, therefore, that he has, in an extra- 
 ordinary degree, secured the approbation and won 
 the confidence of the great body of the people. 
 No wonder that he has, in his own distinguished 
 success, demonstrated the truth of a sentiment he 
 once expressed, that " while he had seen those 
 who played a part, though they played it ever so 
 well, after a brief season, exposed to the chilling 
 indifference, if not positive contempt, of a generous 
 but just community, he had never yet seen unpre- 
 tending, but honest zeal and practical efforts to 
 be useful, go without their ultimate reward."* 
 
 ♦Speech at the capitol in Albany, July, 1827. 
 
316 LIFE OF MARTIN VAN BUREN. 
 
 Mr. Van Buren has, himself, on many occasions, 
 announced the great rule of his public life. He 
 said, in connection with the foregoing remark ; "It 
 had been the business of his Hfe to make himself 
 acquainted with that pubhc sentiment, which, 
 though sometimes misled by excitement, was al- 
 ways honest, and in the end always right.". 
 
 This entire deference to the popular voice, the 
 first example of which, in a Chief Magistrate, 
 was afforded by Jefferson, and the last by Jackson 
 is, no doubt, regarded by a certain class of politi- 
 cians as ] the most exceptionable feature in the 
 pubhc life of Mr. Van Buren. But to what safer 
 tribunal can resort be had ? 
 
 Is wealth to form the qualification for judging of 
 pubhc affairs ? This will hardly be contended for. 
 Are such matters to be submitted to the determi- 
 nation of those who are called great men ? — Men 
 of striking genius are often deficient in sound 
 judgment. Shall the learned control public opin- 
 ion ? Learning is not wisdom, and the most cul- 
 tivated minds, in all ages, have been too prone to 
 cringe before tyrants. Shall orthodoxy in reli- 
 gion and correct morals be appealed to ? Then 
 who shall fix the standard of truth ? Besides 
 these excellencies do not, necessarily, imply the 
 highest intellectual capacity. Where then shall 
 we resort but to public sentiment ? What other 
 criterion can be set up, than the majority of the 
 people ? None ; perverted as that judgment may 
 sometimes be, by prejudice and want of informa- 
 tion, it is, with all its errors, the safest and surest 
 standard of political truth. 
 
CHAPTER XXI. 
 
 Mr. Van BuREN supports Mr. Crawford for the Presi- 
 dency in 1824. Opposes the administration of Mr. 
 Adams. Sustains GeneralJackson for the Presiden- 
 cy^ in 1828. Is elected Governor of the state of New 
 York, and resigns his seat in the Senate. Introdu- 
 ces the ^'safety fund systeni.^^ 
 
 In February 1824, Mr. Crawford was nomina- 
 ted as a candidate for the Presidency, by a con- 
 gressional caucus in Washington. Mr. Van Bu- 
 ren co-operated in this nomination and subsequent- 
 ly gave it his most vigorous support. Mr. Craw- 
 ford had been a distinguished member of the cab- 
 inet for nearly ten years. In the congressional 
 caucus to nominate a candidate for President, in 
 1816, he received nearly the same number of 
 votes as were given for Mr. Monroe, and stood, 
 certainly, next to that gentleman, in the public esti- 
 mation. The admirers of the policy of Mr. Jef- 
 27* 
 
318 THE LIFE OF 
 
 ferson looked to Mr. Crawford, as a candidate, 
 who, if elected, would bring back the government 
 to those principles. In the state of New York, 
 which was violently agitated as to the manner in 
 which electors should be appointed, Mr. Craw- 
 ford received but^i;e electoral votes, out of twen^ 
 ty-eight. In the electoral college, ninety-nine 
 votes were given for General Jackson, eighty-four 
 for Mr. Adams, forty-one for Mr. Crawford, and 
 thirty-seven for Mr. Clay. In the house of Rep- 
 resentatives, whither the election was thus carried, 
 by the coalition of the friends of Mr. Adams and 
 Mr. Clay, the former received the votes of thirteen 
 states, General Jackson, of seven, and Mr. Craw- 
 ford, of four. The ill health of Mr. Crawford, at 
 this crisis, much impaired his chance of success. 
 In the ultimate decision of the choice between Mr. 
 Adams and General Jackson, Mr. Van Buren took 
 no decided part. 
 
 It was obvious from the vote in the electoral 
 college, that at the time of the election of Mr. Ad- 
 ams, General Jackson was prefered by a majority 
 of the people. This preference was much 
 strengthened by an increasing knowledge of his 
 character and principles, as well as by the anti- 
 democratic policy adopted by his rival. Mr. Van 
 Buren, as we have seen, felt himself obliged to 
 take the lead in vigorously opposing many of the 
 measures of the administration of Mr. Adams. 
 He was equally zealous and equally active in sus- 
 taining General Jackson for the Presidency, in 
 1828, Indeed, he warmly espoused the cause of 
 
MARTIN VAN BUREN. 319 
 
 General Jackson soon after the election of Mr. 
 Adams by the House of Representatives, in Feb- 
 ruary 1825. The contest involved the same prin- 
 ciples as were the subject of controversy at the 
 election of Mr. Jefferson, in 1801. It w^as the 
 struggle of the democratic principle against the 
 united strength of various aristocratic factions. In 
 the election of General Jackson, Mr. Van Buren 
 plainly foresaw that he should witness the triumph 
 of those principles for which he had struggled 
 from his earliest years. In his defeat, he foresaw 
 with equal clearness, the ratification of alarming 
 encroachments upon the constitution and the con- 
 firmed perversion of the administration of the 
 government from its true principles. In a contest 
 involving such vital interests, he naturally put 
 forth his most zealous and persevering efforts. 
 
 The happy result of this great struggle is 
 known to all. It was such as to gratify the most 
 ardent wishes of the patriot, and to afford new 
 proof of the intelligence and patriotism of the peo- 
 ple. It was a triumph which, in the words of Mr. 
 Van Buren, " while it infused fresh vigor into our 
 political system and added new beauties to the 
 republican character, once more refuted the odi- 
 ous imputation, that republics are ungrateful." 
 
 By the death of Governor Clinton in February 
 1828, a vacancy occurred in the chief magistracy 
 of the state of New York. The republicans of 
 that state immediately fixed their hopes upon Mr. 
 Van Buren for that oflice, and yielding to their 
 pressing solicitations, he consented to become a 
 
320 THE LIFE OP 
 
 candidate. The election occurred in November, 
 at the same time with the choice of electors of 
 President and Vice President. Smith Thompson, 
 one of the justices of the Supreme Court of the 
 United States, was the leading candidate of the 
 opposition, and Solomon Southwick was support- 
 ed by the antimasons. Mr. Van Buren succeeded 
 by a plurality of thirty thousand votes over the 
 highest opposing candidate.* 
 
 Mr. Van Buren, having resigned his seat in the 
 Senate of the United States, entered upon the du- 
 ties of his office as Governor, on the 1st of Janu- 
 ary 1829. 
 
 His message to the Legislature, transmitted on 
 the 6th of January, is a document which displays 
 the usual patriotism and ability of its author, and 
 is replete with the most valuable information and 
 the soundest political truth. 
 
 After alluding, in the happiest manner, to the 
 distinguished abilities of his predecessor, he pro- 
 ceeds to lay before the Legislature the general 
 state of the various public funds, especially those 
 of the canal ; he throws out several suggestions 
 with regard to internal improvements, but recom- 
 mends caution in the adoption of new schemes. 
 He says the most important business of the session, 
 was the question of renewing the charters of the 
 several banks in the state ; thirty-one charters 
 would expire in the course of four years, with a 
 
 *The votes were, for Mr. Van Buren, 136,704; for Thomp- 
 son, 106,4 11 ; and for Southwick, 33,345. 
 
MARTIN VAN BUREN. 321 
 
 capital of fifteen millions of dollars, and debts 
 amounting to thirty millions. He alludes to the 
 difference between their situation, at that time, 
 and the laying of the foundation of the banking 
 system anew ; and says, in view of the extent of 
 these institutions and their close connection with 
 the affairs of the community, that " to dispense 
 with banks, altogether, is an idea which seems to 
 have no advocate ; to make ourselves dependent 
 on those established by federal authority, deserves 
 none." He says that experience is against banks 
 owned wholly by the state, and that to make stock- 
 holders liable, in their private capacity, throws 
 the stock into the hands of irresponsible persons ; 
 he reprobates the practice of " bonusses" for bank 
 charters, and says, that compared [with the com- 
 munity, the stockholders are few, and hence that 
 all legislative measures should refer exclusively to 
 the safety and stabihty of the institutions. He 
 finally concludes that the present, solvent banks 
 cannot be so suddenly closed, without a violent 
 disturbance of the interests of the public ; and al- 
 ludes to " a sensible and apparently well-consider- 
 ed plan" which had been submitted to him, and 
 which proposed " to make all the banks responsi- 
 ble, for any loss the public may sustain, by the 
 failure of any one or more of them." He then 
 presents a brief epitome of the " safety fund sys- 
 tem," and concludes this part of his message with 
 the remark, that "the interest which attaches itself 
 to the representative character, can never be 
 greater, than when the fulfilment of the trust com- 
 
322 LIFE OF MARTIN VAN BUREN. 
 
 mitted to the Representative, may bring him in 
 conflict with the claims of the great monied inter- 
 ests of the country." 
 
 On the 26th of January, 1829, Mr. Van Buren 
 in a brief message, introduced to the favorable no- 
 tice of the Legislature, the celebrated " safety fund 
 system." This plan originated with the Hon. 
 Joshua Forman, and was by him, laid before Mr. 
 Van Buren. It was somewhat modified by the 
 suggestion of the latter, and finally adopted by the 
 Legislature. Mr. Van Buren's connection with the 
 transaction cannot be more accurately character- 
 ized, than in the following extract from the letter 
 heretofore alluded to, of the Hon. Thomas H. 
 Benton, to General Davis, of Mississippi. 
 
 " Upon his (Mr. Van Buren's) elevation to the chief 
 magistracy of the state, finding the system ot" banks so 
 incorporated with the business and interests of the peo- 
 ple, as to render its aboHshment impossible, he turned his 
 attention to its improvement, and to the establishment of 
 such guards against fraudulent, or even unfortunate bank- 
 ruptcy, as would, under all circumstances, protect the 
 holders of notes against loss. The safety fund system 
 was the result of views of this kind ; and if its complete 
 success hitherto, (for no bank has failed under it,) and the 
 continued support and confidence of the representatives 
 of two millions of people, are not sufficient to attest its 
 efficacy, there is one consideration at least, which should 
 operate so far in its favor as to save it from the sneers of 
 those who cannot tell what the safety fund system is ; and 
 that is, the perfect ease and composure with which the 
 whole of these banks rode out the storm of Senatorial and 
 United States Bank assault, panic, and pressure, upon them 
 last winter. This consideration should save Mr. Van Buren 
 from the censure of some people, if it cannot attract their 
 applause. And as for the politics of the safety fund banks, 
 it has been recently, and autlientically shown that a v^ast 
 majority of them are under the control of his most deter- 
 mined and active political opponents." 
 
CHAPTER XXII 
 
 Mr. Van Bueen is appointed Secretary of State of the 
 United States. Situation of our foreign relations^ 
 especially with Great Britain. Mr. Van Buren^s suc- 
 cessful administration of the Department of foreign 
 Affairs. Resigns the office of Secretary of State. 
 
 Mr. Van Buren remained, but a short time, in 
 the Chief Magistracy of the state of New York. 
 On the 12th of March 1829, he resigned the of- 
 fice of Governor, in consequence of his appoint- 
 ment as Secretary of State of the United States. 
 Of this appointment, General Jackson said, in his 
 letter to the republican members of the Legisla- 
 ture of New-York, in February 1832 : "In calling 
 him, (Mr. Van Buren,) to the Department of 
 State, from the exalted station he then occupied, 
 by the suffrages of the people of his native state, I 
 was not influenced more by his acknowledged tal- 
 ents and public services, than by the general wish 
 and expectation of the republican party through- 
 out the union." 
 
 Short, as was his continuance in the office of 
 
324 THE LIFE OF 
 
 Governor of New York, he left the impress of his 
 genius upon her institutions. This was true, espe- 
 cially, in regard to those protective restrictions 
 upon the system of banking which have, since, so 
 completely secured the community from losses of 
 that kind. The splendid talents of his immediate 
 predecessor in that office, had given to it a dignity 
 and eclat, which no successor of ordinary resour- 
 ces could have sustained. But the genius and at- 
 tainments of Mr. Van Buren suffered no dispar- 
 agement in such palpable comparison with his il- 
 lustrious predecessor. His executive career, 
 though short, was brilliant and successful. Upon 
 his withdrawal from the office, both branches of 
 the Legislature, ^though each contained opposite 
 partisans in politics, unanimously passed resolu- 
 tions expressing the " highest respect for his vir- 
 tues and talents," and " their earnest wish that he 
 might enjoy a full measure of happiness and pros- 
 perity, in the new sphere of public duty to which 
 he was about to be removed." 
 
 The republican members of the Legislature 
 were still more emphatic in their expressions of 
 affectionate and respectful attachment. On the 
 eve of his departure, they presented to him a 
 communication, in which they strongly stated 
 " their attachment to his person, their respect for 
 his character, and their regret at the separation 
 which was about to take place," and tendered to 
 him their thanks, " for the numerous and import- 
 
 \ 
 
MARTIN VAN BUREN. 325 
 
 ant services which he had rendered to the State, 
 particularly in sustaining those political principles 
 which they believed to be most intimately blen- 
 ded with its highest and dearest interests." 
 
 Mr. Van Buren was nominated, as Secretary 
 of State, on the fifth of March, 1829 ; and enter- 
 ed upon the duties of the office in the early part 
 of April. From this time forth he has been in sta- 
 tions so conspicuous, and his public conduct has 
 been the subject 'of so severe a scrutiny, that it 
 will be unnecessary to dwell upon its details with 
 great minuteness. 
 
 The sphere in which he was now called to move, 
 was new and responsible ; but his long service in 
 the Senate of the United States, and his careful 
 observation of political aft'airs from the earliest pe- 
 riod of his life, fitted him at once, to assume its 
 duties. In the sequel, it appeared that his sound 
 judgment, his political information, his calm tem- 
 perament and indefatigable diligence, enabled him 
 to conduct, on the most successful principles, the 
 whole range of our relations with foreign gov- 
 ernments, and thus, by his new station at the seat 
 of government, to add to a reputation which had 
 already risen above detraction and envy. 
 
 Our foreign relations at the time he came into 
 office, were in a most embarrassed condition. The 
 diplomacy of the former administration had fail- 
 ed in most of its objects. Negotiations with 
 many of the powers of Europe had been lingering 
 and languishing, for many years ; and the most 
 
 just and obvious claims of our citizens for in- 
 
 28 
 
326 THE LIFE OF 
 
 demnifications, had been rejected or postponed. 
 The preceding administration had, indeed, unsuc- 
 cessfully urged our claims upon France ; they had 
 attempted, but without success, to open the Black 
 sea to our commerce ; they had failed to form a 
 treaty with Mexico ; they had been equally un- 
 successful in obtaining from Colombia, such a 
 reduction of their duties, as would place our trade 
 upon the same footing with that of Great Britain. 
 A convention had, it is true, been nearly brought 
 to a close with Denmark and with Brazil ; but the 
 claims of our citizens upon Sweden had been left 
 to the enterprise of the agent of the claimants, 
 and to the discretion of the Charge d' Affaires, who 
 had received no instruction on the subject. But 
 the most disgraceful failure in diplomacy, had at- 
 tended the negotiations with Great Britain, in re- 
 gard to the colonial trade. 
 
 The British Government, as is usual with gov- 
 ernments that have colonies, retained the abso- 
 lute control of all trade with the British West In- 
 dies. She had always refused to negotiate with 
 any foreign power in regard to that trade. 
 
 Lithe convention of 1815, by express stipula- 
 tion, the commercial provisions in the treaty did 
 not extend to the British possessions in the West 
 Indies ; and the British government adhered to 
 their ancient policy of regulating this trade by Or- 
 ders in Council. American produce was admit- 
 ted, but under restrictions which greatly impaired 
 the benefit of the trade. In July 1824, Mr. 
 Rush, our minister in England, was charged with 
 
MARTIN VAN BUREN. 327 
 
 the duty of attempting some negotiation, favorable 
 to our interests on this point; but the attempt 
 was unsuccessful. On the 5th of July 1825, the 
 British Parliament passed an act tendering to for- 
 eign powers the most liberal terms of reciprocal 
 intercourse with her colonies. Certain correspon- 
 ding acts were required to be done on our part, 
 to signify an acceptance of these propositions. 
 Either from a want of information with respect to 
 foreign affairs ; or from inattention ; or from the 
 hope of extorting by diplomatic skill, still more fa- 
 vorable conditions, our government, Mr. Adams 
 being President and Mr. Clay Secretary of State, 
 neglected to accept the advantages proposed by 
 Great Britain. In consequence of this omission, 
 the British government, having waited for our 
 compliance more than a year, in July 1826, by an 
 Order in Council, revoked the terms proposed, 
 and interdicted all trade with their colonies after 
 the following December. The bad management 
 of our government was then seen in its full extent. 
 Not long afterwards, the documents connected 
 with the transaction were called for and published, 
 and the public voice was loud in reprobation of the 
 administration. Early in the year 1820, Mr. Gal- 
 latin was sent out with excuses for neglecting to 
 comply with the proposition of the British govern- 
 ment ; and in 1827, he was instructed to inter- 
 cede for the same terms which were freely offer- 
 ed in 1825. The attempt failed. Mr. Barbour 
 succeeded him, and was directed to sue, again, 
 for the same privileges. But his mission was al- 
 
328 THE LIFE OF 
 
 so vain, and it became apparent, that the British 
 government were determined to hold no further 
 negotiation with the administration of Mr. Adams, 
 in relation to this matter. 
 
 The subject was brought, very fully, before the 
 American people, and it pressed heavily upon Mr. 
 Adams and his cabinet. No explanations which 
 it was in their power to offer, could conceal from 
 the community, the fact, that this valuable branch 
 of trade had been lost by a pitiable course of indis- 
 creet diplomacy. 
 
 Upon the accession of general Jackson to the 
 presidency, and of Mr. Van Buren to the Depart- 
 ment of State, the character of our intercourse 
 with foreign nations was entirely changed. In- 
 stead of a wretched system of duplicity and 
 double-dealing, derived from the corruptions of 
 foreign courts, there was substituted plain and 
 manly dealing. Nothing was attempted by indi- 
 rect means or insincere professions ; but the plain 
 common sense of foreign alhes was appealed to, 
 in a tone of dignity, firmness and candor, which 
 showed at once, that our government was con- 
 scious of its rights, and neither disposed to tran- 
 scend or fall short of their exact limits. Our 
 foreign negotiations revived ; friendly relations 
 were renewed with various countries ; and, under 
 the guidance of our single-minded and upright 
 President, Mr. Van Buren was enabled to turn 
 his rare abilities to the greatest public benefit. 
 
 Our claims on France were now, after a period 
 of nearly thirty years, first recognized and put in 
 
MARTIN VAN BUREN. 329 
 
 the course of adjustment ; a treaty was formed 
 with Mexico ; the Black sea was opened to our 
 commerce ; and Colombia remitted the discrimi- 
 nating duties which had been a source of contro- 
 versy. The conventions with Brazil and Den- 
 mark for seizures, were matured, and the Swed- 
 ish claims safely brought home to the claimants. 
 
 But the most splendid results were derived from 
 the negotiation with Great Britain. In July 1829 
 Mr. McLane was despatched, as minister to Eng- 
 land, bearing instructions from the hand of Mr. Van 
 Buren, who had then hardly entered upon the du- 
 ties of his office. The clearness and strength, 
 with which, under these instructions, he brought 
 forth the claims of the government, resulted in 
 complete success. The British government at 
 once, appreciated the force of the considerations 
 addressed to them, and recognized the spirit of 
 firmness and candor, which so much distinguished 
 the new administration from its predecessor. The 
 success of the mission was complete ; an arrange- 
 ment was formed which met the approbation of 
 our government, and restored to our citizens those 
 rights, which, through the indiscretion of Mr. 
 Adams and Mr. Clay, had been for a time sus- 
 pended. 
 
 During Mr. Van Buren's continuance in the 
 State Department, and indeed, within the few 
 first months of his sei-vice, some of the most 
 important of our foreign embassies w^ere des- 
 patched under his direction. Among these may 
 be mentioned, the mission of Mr. McLane to Eng- 
 28* 
 
330 THE LIFE OF 
 
 land, of Mr. Rives to France, of Mr. Preble to the 
 Netherlands, and mmisters to Spain and Columbia. 
 In short, the supervision of a master-spirit appear- 
 ed in every branch of our foreign relations ; and a 
 series of diplomatic successes were effected, unri- 
 valled in their number and importance in any other 
 equal period of time, since the formation of our 
 government. It was universally conceded, that 
 more distinguished ability had never been display- 
 ed in the Department of State, siiice the period 
 when it was under the direction of Jefferson. 
 
 But the other departments of the govermnnt did 
 not proceed with equal success. Difficulties arose 
 in the cabinet, and party spirit assailed Mr. Van 
 Buren, in particular, with its utmost violence. He 
 was obviously ascending, with rapid strides, to the 
 highest piimacle of political distinction ; and all the 
 artifices of envy and political rivalry, Vv^ere put in 
 requisition to impede his progress. The differen- 
 ces of opinion between members of the cabinet, 
 which he had exerted his utmost efforts to allay 
 and remove, were falsely ascribed to his agency. 
 In the end, it appeared that his judgment, courte- 
 sy, and great knowledge of the human heart, were 
 not sufficient, any longer, to postpone a rupture. 
 His last effort was, by a magnanimous self-sacri- 
 fice, to attempt the removal of difficulties which he 
 ascribed to the jealousy of rival candidates for pub- 
 lic favor; and on the 11th day of April 1831, he 
 communicated to the President, his determination 
 to withdraw from the office of Secretary of State, 
 though he continued to discharge its duties until 
 the following month of June. 
 
MARTIN VA\ BUREN. 331 
 
 For this act of self-denying patriotism, he received 
 the most virulent and illiberal abuse from his po- 
 litical enemies. Unable to appreciate the pure 
 and patriotic motives which could lead the posses- 
 sor of so advantageous a situation, to surrender the 
 influence and prospects which belonged to it, they 
 searched for other plausible causes, and failing to 
 find them, resorted to the vilest fabrications. This 
 charge may appear severe, but it is made in the 
 words of truth, nor has any thing been detected or 
 disclosed, from that time to the present, to throw 
 the slightest cloud over the high-minded and disin- 
 terested conduct of Mr. Van Buren. When the 
 perversions of party feeling and the mists of per- 
 sonal prejudice shall have been removed, this illus- 
 trious act of self-devotion to the best interests of 
 his country, will be conspicuous amid the manifold 
 merits of a public life, throughout distinguished for 
 magnanimity and virtue. 
 
CHAPTER XXIIl. 
 
 Mr, Van Bdren h nominated minister to the Court of 
 St. James, The rejection of fiis nomination by the 
 Senate. Extract from his instructions to Air. Ale- 
 Lane. Correspondence of the republican memhers of 
 the Legislature of New York with the President, on 
 the rejection of Afr. Van Bur en. 
 
 The unimpaired confidence of General Jackson, 
 in the abihties and integrity of Mr. Van Buren, was 
 manifested, immediately upon his withdrawal from 
 the Department of State, by pressing upon his ac- 
 ceptance the mission to the Court of St. James. 
 Mr. McLane had already, by his own request re- 
 ceived leave to return home, the leading object of 
 his mission having been accomplished. In urging 
 the acceptance of this appointment, the President 
 had in view the adjustment of a matter of the great- 
 est public interest. The delicate questions respect- 
 ing blockades, the impressment of seamen, and 
 the right of search, which occasioned the late war 
 with Great Britain, were not adjusted by the trea- 
 
334 THE LIFE OF 
 
 ty of Ghent. The time appeared favorable for 
 calhng the attention of Great Britain to these 
 topics ; and the President was anxious to de- 
 pute upon this difficult negotiation, a diplomatic 
 agent of such dignity of character at home, and 
 eminence abroad, as would evince the deep impor- 
 tance he attached to the objects of the mission. 
 Mr. Van Buren's great experience in political af- 
 fairs, his intimate knowledge of all our foreign re- 
 lations, his sagacity, firmness, and self-possession ; 
 his high sense of national honor, and his well-tried 
 patriotism, combined to designate him as the most 
 proper person to manage these important interests. 
 
 Contrary to the earnest advice of his personal 
 and political friends, who were anxious to retain 
 him in the country, at that crisis, Mr. Van Buren 
 yielded to the importunity of the President, and 
 embarked for England. He arrived there, in Sep- 
 tember 1831; and was received, with distinguish- 
 ed favor, by the court of St. James. 
 
 Whether success would have crowned the ef- 
 forts of Mr. Van Buren, it is impossible to say ; as 
 in the midst of a negotiation, commenced under 
 favorable auspices, he was recalled by the most 
 reckless and unexampled act of pohtical proscrip- 
 tion, to be found in history. His nomination was 
 submitted to the Senate, on the 7th of January 
 1832 ; and on the 26th of the same month, reject- 
 ed, by the casting vote of the Vice President. 
 
 It is almost superfluous to review the grounds 
 of this most reprehensible and factious act, since 
 
MARTIN VAN BUREN. 335 
 
 it has received the emphatic condemnation of the 
 American people. 
 
 Three rival candidates for the Presidency, then 
 held seats in the Senate. When General Jack- 
 son was nominated, by the Legislature of Ten- 
 nessee, for that high office, and had determined 
 to yield to the v^ishes of his friends in becoming a 
 candidate, he immediately resigned his seat in the 
 Senate of the United States, to avoid any imputa- 
 tion of exerting his official influence in his own be- 
 half. Not so the famous triumvirate who proscri- 
 bed a rival, in Mr. Van Buren. Representing the 
 conflicting interests of the north, the south, and the 
 west ; opposed to each other on many of the car- 
 dinal principles of the government ; violent antago- 
 nists in personal and political matters ; they agreed 
 and co-operated, only, in the single act, of attempt- 
 ing to crush a dreaded rival. His rapid progress in 
 the favor of the public alarmed them : and it was 
 their malignant, but vain hope, by a single act of 
 violence, to hurl him from his lofty station and 
 plunge him into obscurity. 
 
 The pretence for this high handed measure, so 
 dishonorable to its participators, so injurious to the 
 public interests, and so unjust to the individual con- 
 cerned, was the tenor of his instructions to Mr. 
 McLane, with regard to the West India trade. 
 The state of that negotiation, at the time when 
 Mr. Van Buren was appointed Secretary of State, 
 has been briefly set forth in the foregoing chapter. 
 The vacillating, time serving, and indiscreet policy 
 
336 THE LIFE OF 
 
 of the fonner administration, had resulted in an 
 entire loss of this important branch of trade, and 
 had so disgusted the British government, that 
 they had refused even to entertain further negotia- 
 tion. The policy of that administration had been 
 loudly condemned by the American people ; and 
 those who w^ere responsible for it, vv^ere hurled from 
 povs^er, by the public voice. Mr. Van Buren, in 
 entering upon the charge of our foreign relations, 
 set about endeavoring to regain this important 
 branch of commerce. Abandoning the manage- 
 ment and duplicity which had hitherto characteri- 
 zed our foreign intercourse on this point, he met 
 the question with the plainness of one who was 
 conscious he was on the right ground, and the firm- 
 ness of one who was determined to maintain it. 
 He uttered the voice of the American people, 
 in avowing his disapprobation of the course be- 
 fore pursued ; and frankly assured our ally, that 
 the administration of which he was a member, 
 would not be guided by a policy so contracted and 
 illiberal. 
 
 His instructions on this point, which were the 
 ostensible reasons for rejecting his nomination, are 
 in the following words : 
 
 "Such is the present state of our commercial relations 
 with the British colonies; and such the steps by which 
 we have arrived at it. In reviewinc]^ the events whicJi 
 have preceded, and more or less contril)utcd to, a result so 
 much to be regretted, there will be found three grounds 
 upon which we are most assailable ; 1st, in our too long 
 and too tenaciously resisting the right of Great Britain to 
 impose protecting duties in her colonies;" 2nd, cVc. 
 
MARTIN VAN BUREN. 337 
 
 " The opportunities which you have derived from a 
 participation in our public councils, as well as other sour- 
 ces of information, will enable you to speak with confi- 
 dence, (as far as you may deem it proper and useful so 
 to do,) of the respective parts taken by those to whom 
 the administration of this government is now committed, 
 in relation to the course heretofore pursued upon the sub- 
 ject of the colonial trade. Their views upon that point 
 have been submitted to the people of the United States ; 
 and the counsels to which your conduct is now directed 
 are the result of the judgment expressed by the only 
 earthly tribunal to which the late administration was 
 amenable for its acts. It should be sufficient that the 
 claims set up by them, and which caused the interruption 
 of the trade in question, have been explicitly abandoned 
 by those who first asserted them, and are not revived by 
 their successors. If Great Britain deems it adverse to 
 her interests to allow us to participate in the trade with 
 her colonies, and finds nothing in the extension of it to 
 others to induce her to apply the same rule to us, she will, 
 we hope, be sensible of the propriety of placing her re- 
 fusal on those grounds. To set up the acts of the late 
 administration as the cause of forfeiture of privileges 
 which would otherwise be extended to the people of the 
 United States, would, under existing circumstances, be 
 unjust in itself, and could not fail to excite their deepest 
 sensibility. The tone of feeling which a course so unwise 
 and untenable is calculated to produce, would doubtless 
 be aggravated by the consciousness that Great Britain 
 has, by order in council, opened her colonial ports to 
 Russia and France, notwithstanding a similar omission 
 on their part to accept the terms offered by the act of 
 July 1835. You cannot press this view of the subject too 
 earnestly upon the consideration of the British Ministry. 
 It has bearings and relations that reach beyond the im- 
 mediate question under discussion. 
 
 "I will add nothing as to the impropriety of suffering 
 any feelings, that find their origin in the past pretensions 
 of this government, to have an adverse infiuence upon the 
 present conduct of Great Britain." 
 
 It is unnecessary to examine these instruc- 
 tions in detail : they may be left, without com- 
 ment, to the judgment of the plainest understand- 
 29 
 
338 THE LIFE OF 
 
 ing. They are marked by a tone of blunt com- 
 mon sense and patriotism, which cannot be pervert- 
 ed or misconstrued. There is nof the slightest trace 
 of a cringing or unpatriotic sentiment, to be found 
 in them. The true ground of the odium, entertained 
 against them and their author, was, that they had 
 been successful. The former administration had dis- 
 gracefully failed in the negotiation ; Mr. Van Buren 
 had conducted it with complete success. It 
 was desirable, in the eyes of his factious oppo- 
 nents, to cloud the brilliancy of this success, and to 
 sully, if possible, the splendor of his well earned 
 fame. It was desirable, if possible, not only to 
 plunge him into mortifying retirement, but to aim a 
 blow at the feelings and policy of the President ; 
 to disgrace his previous successful negotiations, and 
 check the expected consummation of those he was 
 then so " much intent on bringing to a conclusion. 
 In the latter object they succeeded. They post- 
 poned the adjustment of important rights, at a mo- 
 ment pecuharly favorable for obtaining their ac- 
 knowledgment ; they were not equally successful in 
 crushing their rival, but their violent act recoiled 
 upon themselves. 
 
 The palpable injustice of rejecting Mr. Van Bu- 
 ren is rendered more conspicuous, by the fact that 
 these very instructions had previously been laid be- 
 fore the Senate, and had excited no remark ; that 
 the minister who was nominated and acted under 
 them, had been approved and confirmed by the 
 same Senate ; that the treaty which was formed by 
 
MARTIN VAN BUREN. 339 
 
 that minister, under these very directions, had also 
 received the sanction of the Senate, and that, so 
 far from reprehending the foreign functionary for 
 acting in compHance v^ith these directions, he had 
 upon his return from England, been confirmed in 
 his nomination to the office of Secretary of the 
 Treasury. 
 
 Why were not objections raised to these instruct- 
 ions at an earlier period ? Why w^as the minister 
 approved who acted under them ? Why was the 
 treaty accepted which was formed in conformity 
 to them ? These questions cannot be answered 
 without clearly disclosing the fact, that neither pat- 
 riotism, nor a sense of duty, nor a tender regard 
 for the public weal, were the true causes of Mr. 
 Van Buren's rejection. It is too clearly apparent 
 that pohtical hate and the base design to traduce 
 an absent rival, were the real grounds of the harsh 
 and unprecedented rejection of the nominee. 
 
 In this light it was viewed by the great body of 
 the American people. A murmur of indignation 
 arose from every quarter of the Union ; public 
 meetings were held, resolutions adopted, and de- 
 nunciations leveled against this high handed prosti- 
 titution of the Senatorial prerogative, to the pur- 
 poses of political hatred and personal ambition. 
 
 The republican members of the Legislature of 
 New York, addressed a letter to the President, ex- 
 presshig in the strongest language, their indignation 
 at the proscriptive act of the Senate, and their high 
 respect for the public and private character of Mr. 
 
340 THE LIFE OF 
 
 Van Buren. The following extracts from the re- 
 ply of the President, present a complete vindica- 
 tion of his character, in regard to this matter, from 
 the lips of one, who, during a long life, has never 
 been known to sacrifice the principles of truth to 
 the strongest personal interests or attachments. 
 
 " I owe it to the late Secretary of State, to myBelf, and 
 to the American people, on this occasion to state, that as 
 far as is known to me, he had no participation whatever 
 in the occurrences relative to myself and the second offi- 
 cer of the government, or in the dissolution of the late 
 cabinet ; and that there is no ground for imputing to him 
 the having advised those removals from office which, in 
 the discharge of my constitutional functions, it was 
 deemed proper to make. During his continuance in the 
 cabinet, his exertions were directed to produce harmony 
 among its members ; and he uniformly endeavored to sus- 
 tain his colleagues. His final resignation was a sacrifice 
 of official station to what he deemed the best interests of 
 the countr3^ 
 
 " Mr. McLane, our then minister at London, having 
 previously asked permission to return, it was my own 
 anxious desire to commit the important points remain- 
 ing open in our relations with Great Britain, to a succes- 
 sor in whose peculiar fitness and capacity I had equal 
 confidence ; and to my selection, Mr. Van Buren yielded 
 a reluctant assent. In urging upon him that sacrifice, I 
 did not doubt that I was doing the best for the country, 
 and acting in coincidence with the public wish ; and it 
 certainly could not have been anticipated that, in the 
 manner of successfully conducting and terminating an 
 important and complex negotiation which had previously 
 received the sanction of both houses of Congress, there 
 would have been found motives for embarrassing the ex- 
 ecutive action and for interrupting an important foreign 
 negotiation. 
 
 " I can never be led to doubt, that, in the instructions 
 under which that negotiation relative to the trade with 
 the British West Indies was conducted and successfully 
 concluded, the people of the United States will find noth- 
 ing either derogatory to the national dignity and honor, 
 or improper for vsuch an occasion. 
 
MARTIN VAN BUREN. 341 
 
 " Those parts of the instructions which have been used 
 to justify the rejection of Mr. Van Buren's nomination by 
 the Senate of the United States, proceeded from my own 
 suggestion: were the result of my own deliberate investi- 
 gation and reflection ; and now, as when they were dic- 
 tated, appear to me to be entirely proper and consonant 
 to my public duty. 
 
 " I feel, gentlemen, that I am incapable of tarnishing 
 the pride or dignity of that country whose glory, both in 
 the field and in the civil administration, it has been my 
 object to elevate : and I feel assured that the exalted atti- 
 tude which the American people maintain abroad, and 
 the prosperity with which they are blessed at home, fully 
 attest that their honor and happiness have been unsullied 
 in my hands." 
 
 The rejection of Mr. Van Buren was the first, 
 in a long series of factious measures, which have 
 unfortunately found support in the Senate of the 
 United States, and which terminated in the uncon- 
 stitutional denunciation of the President himself. 
 These acts, into which one important department 
 of the government has been hurried, by a coalition 
 whose only bond of union, and apparently whose 
 only rule of action, is hatred to the President and 
 Mr. Van Buren, have shaken the confidence of the 
 community in that provision of our constitution, 
 which renders any portion of the public servants 
 so long independent of the will of their masters, 
 the people. 
 
 29^ 
 
CHAPTER XXIV. 
 
 Nomination of Mr. Van Buren to the Vice Presidency 
 of the United States. His election to that office. His 
 sentiments on the interference of the General Govern- 
 ment and of the free states^ with the question of slave- 
 ry. 
 
 When some one, in the presence of Fouche, 
 denounced the execution of the Duke D'Enghein 
 as a guilty act of Napoleon : " Nay sir," said that 
 arch politician, " it was worse, it was a gross polit- 
 ical blunder !" Both censures apply to the rejec- 
 tion of Mr. Van Buren by the Senate of the Uni- 
 ted States. It was a most unjust and unwarrant- 
 able act, and a gross political blunder. It received 
 at the hands of the American people, the rebuke 
 which its enormity merited. 
 
 On the 22d of May, 1832, Mr. Van Buren was 
 nominated as a candidate for the Vice Presidency 
 by a convention of the democracy of the Union, 
 
344 THE LIFE OF 
 
 assembled at Baltimore, and at the same time with 
 the re-nomination of General Jackson to the Pres- 
 idency. The nomination was received with ac- 
 clamation by the republican party, throughout the 
 Union. In the election which succeeded, the can- 
 didates were successful. Of two hundred and 
 eighty six electoral votes. General Jackson re- 
 ceived two hundred and nineteen, and Mr. Van 
 Buren one hundred and eighty nine. Thirty elec- 
 toral votes in Pennsylvania, which w^ere given for 
 General Jackson as President, were given for Wil- 
 liam Wilkins as Vice President. 
 
 History rarely presents so splendid an example of 
 retributive justice, as appears in the election of Mr. 
 Van Buren to the Vice Presidency. Him whom the 
 Senate had adjudged unfit to represent the nation in 
 a foreign court, the sovereign people honored with 
 the second office in the government. Mr. Van 
 Buren was indeed recalled ; not however to obscu- 
 rity and disgrace, as his enemies had hoped, but to 
 the affectionate hearts of his countrymen, to be 
 raised, by them, to the lofty station occupied by 
 him whose especial vengeance had been wreaked 
 upon his rival ; to preside over that very body who 
 had sought, in his absence to tarnish his honor. 
 How complete the triumph ! How just the retri- 
 bution ! It realized the ideal standard of poetic 
 justice. It rebuked a faction, and rewarded, ac- 
 cording to his deserts, a patriot ! 
 
 Mr. Van Buren was inaugurated, as Vice Presi- 
 dent, on the 4th of March 1833. The first exer- 
 
MARTIN VAN BUREN. 345 
 
 cise of his duties as presiding officer of the Senate, 
 was at the session of Congress near the close of 
 that year. 
 
 In that capacity, he has had the good for- 
 tune to escape the censure of all parties. Since 
 his election to the Vice Presidency, his opin- 
 ions have been publicly declared on two occa- 
 sions of considerable interest. One of these was 
 the question of chartering a national bank in 
 New York with such restrictions in its charter as 
 to remove objections which are made to the pre- 
 sent bank. His decided disapprobation of this 
 measure was expressed in his letter to a friend 
 already embodied in the present work. 
 
 The other subject is the Tight of interference 
 with the existence of slavery, by the General 
 Government, or by the people of the non-slave 
 holding states. The following documents exhibit 
 the sentiments of Mr. Van Buren on this ques- 
 tion. The first is a letter addressed by him, to 
 Mr. Samuel Gwin of Mississippi, and subsequent- 
 ly published in the Richmond Enquirer. 
 
 " Washington, July 11, 1834. 
 
 Dear Sir : I owe you an apology for not having sooner 
 acknowledged the receipt of your obliging letter of ii6th 
 May. My opinions on the subject of the power of Congress 
 over slave property in the Southern States, are so well un- 
 derstood by my friends, that I am surprized that an at- 
 tempt to impose upon the public respecting them should 
 be hazarded. 
 
 The subject is, in my judgment, exclusively under the 
 control of the state governments ; and I am not apprised, 
 nor do I believe that a contrary opinion, to an extent 
 deserving consideration, is entertained in any part of the 
 
346 THE LIFE OF 
 
 United States. The charge, therefore, to which you have 
 had the goodness to call my attention, that I ' am in fa- 
 vor of an interference by Congress, in manumitting your 
 slave proprety,' is destitute of foundation : so far from it, 
 I do not see on what authority the General Government 
 could interfere, without a change of the constitution, 
 even at the instance of either or of all the slave holding 
 States. 
 
 With great respect, and regard, 
 
 I am, dear sir, very truly, yours, 
 
 M. VAN BUREN. 
 To Samuel Gwin, Esa., Clinton, Mississippi." 
 
 The following letter relating to the same sub- 
 ject was addressed to a gentleman in Augusta, 
 Georgia, at a moment when the people of the 
 slave-holding states were in a high degree excited 
 at the proceedings of anti-slavery associations at 
 the north. 
 
 "OwARco, Sept. 10, 1835. 
 
 My Dear Sir : Your letter of the 22d ult. met me at 
 tiiis place, on my return from the Falls, and I lose no time 
 in replying to that part of it which relates to the continu- 
 ed attempts to prejudice my friends, as well as myself, 
 in the estimation of the South in respect to the slave 
 question. 
 
 It is deeply to he regretted that there should be found, 
 on the part of any, inducements sufficiently strong to in- 
 crease an excitement, already so alarming, by a resort 
 to imputations, in the truth of which no ingenuous mind 
 can place the slightest confidence. The allegations 
 which attribute to me views and opinions that are so just- 
 ly obnoxious to the slave-holding states, are made in the 
 face of the most explicit declarations on my part, denying 
 all authority on the part of the Federal Government to in- 
 terfere in the matter — against the propriety of agitating 
 the question in the District of Colombia, and in the ab- 
 sence of a single fact, giving the least countenance to the 
 unfounded imputations. I should poorly requite the can- 
 dor with which I have hitherto been treated by the great 
 mass of my fellow-citizens at the south, were I to allow 
 myself to apprehend that those who would otherwise be 
 
MARTIN VAN BUREN. 347 
 
 disposed to give me their confidence, could, under such 
 circumstances, suffer me to be prejudiced in their opinion, 
 by the unsupported assertions of my enemies, however 
 reckless or vehemently persisted in. Were these fabrica- 
 tions, therefore, designed to affect me only, I should not 
 hesitate to leave the matter as it stands, to the spontane- 
 ous action of my countrymen. But when it is intended 
 to reach, in this way, those who honor me with their 
 friendship, I do not feel myself at liberty to withhold any 
 correction that may, by possibility, be useful to them. 
 With this view I send you the enclosed proceedings of 
 the citizens of Albany upon the subject, and authorize 
 you to say, that I concur fully in the sentiments they 
 advance. I was absent from the city at the time the 
 meeting was held, but took an early occasion to advise its 
 call, and to encourage the attempt to make it, what it has 
 been, a meeting of the people, without reference to their 
 sentiments on any other subject than that which was dis- 
 cussed before it. Connected with its proceedings are to 
 be found the names of our principal state officers, execu- 
 tive and judicial, including the Governor of our state, 
 Avith an array of private citizens which, for personal 
 worth and weight of character, has never, to my knowl- 
 edge, been excelled at any previous meeting. 
 
 It would be presumption in me to add any assurances 
 of my own, as to the sincerity with which the sentiments 
 they express are entertained, or of their disposition to 
 make them effectual upon the important subject to which 
 they relate. 
 
 May we not, then, hope that the proofs of an affec- 
 tionate and just spirit towards the rights and interests of 
 the South, which have been brought out by this hitherto 
 threatening excitement, will have the effect, in future, to 
 remove all unfounded impressions, and to put an end to 
 every feeling and prejudice inconsistent with the princi- 
 ples upon which the Union 'was founded? 
 
 Earnestly cherishing this pleasing anticipation, 
 I am, dear sir, very truly, your friend and ob't. serv't, 
 
 M. VAN BUREN." 
 
 The leading resolutions adopted by the meeting 
 alluded to in the above letter are as follows : 
 
 '"''Therefore^ Resolved^ That we regard the constitution 
 of the United States as carrying with it an adjustment 
 
348 LIFE OF MARTIN VAN BUREN. 
 
 of all questions involved in the deliberations which led 
 to its adoption ; and that the compromise of interests in 
 which it was founded, is, in our opinion, binding in hon- 
 or and good faith, independently of the force of agree- 
 ment, on all who live under its protection, and participate 
 in the benefits of which it is the source. 
 
 '■'■Resolved, That under the constitution of the United 
 States, the relation of master and slave is a matter be- 
 longing exclusively to the people of each state within its 
 own boundary; that the General Government has no control 
 over it ; that it is subject only to the respective arrange- 
 ments of the several states within which it exists; and 
 that any attempt by the government or people of any oth- 
 er state, or by the General Government, to interfere with 
 or disturb it, would violate the spirit of that compromise 
 which lies at the basis of the federal compact." 
 
CHAPTER XXV. 
 
 The nomination of Mr. Van Bur en to the office of Presi- 
 dent of the United States by a 7iational convention. 
 His letter accepting the nomination. 
 
 The Chief Magistrate of a great nation should 
 combine in his character, a rare assemblage of 
 high, intellectual and moral qualities. He should 
 be endowed with a philosophic strength of mind, 
 capable of reaching beyond formal rules, to fun- 
 damental principles ; he should possess quickness 
 of apprehension, so as to adapt his measures to 
 unexpected circumstances and to the progress of 
 of public opinion ; he should be equally removed, 
 in his feelings, from a blind attachment to antiqua- 
 ted forms, and from a spirit of useless innovation ; 
 he should be blessed with a coolness and compre- 
 hensiveness of judgment, which, embracing the 
 present, the past, and the future, should rise, in 
 the most sudden emergencies, above tempora- 
 ry expedients and estimate the remote consequen- 
 ces of an action ; and he should unite to these 
 30 
 
350 THE LIFE OF 
 
 qualities, that happy combination of discretion 
 with energy, which enables its possessor to defend 
 with firmness, and to concede with dignity. 
 
 This rare assemblage of high mental endow- 
 ments, the friends of Mr. Van Buren believe him, 
 in an eminent degree, to possess, and their atten- 
 tion has long been directed to him, as a suitable 
 successor to the venerable patriot who now fills 
 the Presidential Chair. The public sentiment has 
 been expressed, to this purport, in various sections 
 of the country, by the public press and by the 
 proceedings of various public bodies. Indeed, it 
 has been obvious to the most cursory observer, 
 that the republican party, throughout the Union, 
 have, for a considerable period of time, been fix- 
 ing their hopes upon Mr. Van Buren, as best 
 qualified to perpetuate those sound principles of 
 policy which have guided the present administra- 
 tion. 
 
 To obtain a clear expression of the popular will, 
 a national convention of delegates from the repub- 
 licans in each state, was early agreed upon. This 
 convention assembled in Baltimore, on the 20th 
 day of May 1835. More than six hundred dele- 
 gates were in attendance, and twenty-two states 
 with two territories, were represented. 
 
 Upon the first ballot, Mr. Van Buren received 
 the unanimous vote of the whole assembly for the 
 office of President. Richard M. Johnson was sub- 
 sequently nominated for the office of Vice Presi- 
 dent. The letter of a committee of the conven- 
 tion, announcing this nomination to Mr. Van Bu- 
 ren, and his rep^y thereto are subjoined : 
 
MARTIN VAN BUREN. 351 
 
 ' '' May 23, 1835. 
 
 Sir : A convention of republican delegates from 
 various parts of the Union, for the purpose of selecting 
 suitable candidates for the offices of President and Vice 
 President, assembled in Baltimore on the 20th instant, and 
 unanimously agreed to present to their country, your 
 name for that of President of the United States. We 
 have been requested to communicate to you this nomina- 
 tion, and ask your acceptance of the same. We take 
 pleasure in performing, this duty, and respectfully solicit 
 an answer at such time as may suit your convenience to 
 give one. 
 
 With sentiments of high esteem, and respect, we have 
 the honor to be, your obedient servants, 
 
 A. STEVENSON, PresidenL 
 JAS. FENNER, 
 EDWARD CONDICT, 
 UPTON S. HEATH, 
 R. STRANGE, 
 J. B. NEVITT, 
 FRANKLIN CANNON, 
 Vice P residents of the National Convention. 
 To Martin Van Buren, Esq. of New York." 
 
 " Washington, May 29th, 1835. 
 Gentlemen : I have the honor to acknowledge th6 
 receipt of your letter of the 23d instant. The nominatiosi 
 you have been deputed to announce to me presents the 
 only contingency, upon the occurrence of which, I could 
 consent to become a candidate for the high office of Presi- 
 dent of the United States. When my name was first as- 
 sociated with the question of General Jackson's successor, 
 more through the ill will of opponents than the partiality 
 of friends, I determined to wait for the developement of 
 the views of the republicans of the Union, and to pursue 
 that course only which their unbiassed judgment should 
 finally recommend. I deemed that course to be due to 
 the administration, of which I was a member — to the best 
 interests of the country — and to the indivisibility of a 
 political party, by the original organization of which, the 
 overthrow of republican principles in the United States 
 was prevented, and upon the ascendancy of which we 
 can alone depend for their preservation. To the offers of 
 support which were at that period occasionally made to 
 me from different quarters of the Union, I respectfully 
 replied, that the public good, in my opinion, required the 
 services of General Jackson for a second term— that tho 
 
352 THE LIFE OF 
 
 agitation of the question of his successor, at that early 
 period, must of necessity embarrass the administration — 
 and that it was my desire that my name should not be 
 connected with the subject. From that time to the pres- 
 ent, I have neither solicited the aid nor sought the sup- 
 port of any man in reference to the high office for which 
 I have been nominated ; unless my replies to interroga- 
 tories from my fellow citizens upon public questions, and 
 my sincere endeavors to make myself worthy of the re- 
 spect and confidence of the American people, are liable to 
 that construction. For the truth of this declaration, I can 
 safely appeal to the hundreds of honorable men who com- 
 posed the recent convention — to the numerous editors and 
 politicians throughout the Union, who have distinguished 
 me by their preference, and to my private correspondents 
 and intimate friends, not excepting the considerable num- 
 ber of persons, once my friends and associates, whom the 
 fluctuations of political life have converted into opponents. 
 In none of these classes, or in any other of our community, 
 is there a man who can truly say, that I have solicited his 
 political support, or that I have entered or sought to enter 
 with him into any arrangement, to bring about the nomina- 
 tion which I have now received, or to secure my elevation 
 to the Chief Magistracy of my country. 
 
 The liberal men of all parties, I trust, and you and 
 those you represent, I am sure, will pardon me for having 
 thus spoken of my own conduct in reference to a point 
 upon which I have been the silent object of attack, as 
 causeless as it has been violent and unremitted ; especial- 
 ly, as I alone can answer for it in relation to all my coun- 
 trymen, although thousands may be ready to answer in 
 relation to themselves. 
 
 Under these circumstances, the democracy of the na- 
 tion, in convention assembled, having, as you inform me, 
 with a degree of unanimity that I cannot too highly appre- 
 ciate, pronounced me worthy of so great a trust, I cannot 
 hesitate in making their wishes the rule of my conduct. I 
 do, therefore, with a deep, and I hope abiding sense of the 
 honor conferred upon me by their preference, accept the 
 nomination which has been tendered to me by the con- 
 vention. 
 
 I am not aware that there is any point of interest in 
 the general policy of the Federal Government, in respect 
 to which, my opinions have not been made known by my 
 official acts — by my own public avowals, and by tbc au- 
 thorized explanation'5 of my friends. If there be any such, 
 
MARTIN VAN BUREN. 353 
 
 however, you may rest assured of my ready disposition to 
 comply, on all suitable occasions, with the wishes of my 
 fellow citizens in this regard. I content myself, on this 
 occasion, with saying, that I consider myself the honored 
 instrument, selected by the friends of the present adminis- 
 tration, to carry out its principles and policy ; and that, as 
 well from inclination as from duty, I shall, if honored with 
 the choice of the American people, endeavor to tread gen- 
 erally in the footsteps of President Jackson — happy, if I 
 shall be able to perfect the work which he has so glorious- 
 ly begun. 
 
 It cannot be denied, that there is no country in the 
 world, whose inhabitants are so well secured in their civil 
 and religious rights, and enjoy so large a share of prosper- 
 ity and happiness, as the people of the United States. 
 For this, they are indebted less to salubrity of climate 
 and fertility of soil, than to our excellent system of 
 government ; by which, more than any other, every man 
 is protected in the application of his powers and faculties 
 to his own benefit. That dissatisfaction should neverthe- 
 less occasionally arise, even under the best administra- 
 tion of a system capable of producing such happy results, 
 is not to be wondered at. Until the wit of man shall be 
 able to devise some plan of Representative Government, 
 by which all who think themselves qualified, may be, at 
 the same time, admitted to a participation in the adminis- 
 tration of its affairs, we must not expect to be relieved 
 from the spirit of complaint, or even surprised to find it 
 most vehement at a period of the greatest prosperity. 
 But between partisan complaints as to the management 
 of our government, or even diversities of opinion in rela- 
 tion to the wisdom of supposed improvements in the 
 details of its construction, and a desire to undermine and 
 overthrow it, there is an immeasurable difference. Whilst 
 the one can, at worst, but produce partial and temporary 
 obstructions in the public service, success in the other 
 would inevitably plunge our country, from its present lofty 
 eminence, into an abyss of anarchy and ruin. 
 
 We hold an immense stake for the weal or wo of man- 
 kind, to the importance of which we should not be in- 
 sensible. The intense interest manifested abroad in 
 every movement here, that threatens the stability of our 
 system, shows the deep conviction which pervades the 
 world, that upon its fate depends the cause of Republican 
 Government. The advocates of monarchical systems 
 have not been slow in perceiving danger to such institu- 
 30* 
 
354 LIFE OF MARTIN VAN BUREN. 
 
 tions in the permanency of our Constitution, nor backward 
 in seizing upon every passing event by which their pre- 
 dictions of its speedy destruction could be in any degree 
 justified. Thus far, they have been disappointed in their 
 anticipations, and the circumstances by which they were 
 encouraged, however alarming at the time, have in the end 
 only tended to show forth the depth of that devotion to the 
 Union, which is yet, thank God ! the master passion of 
 the American bosom. 
 
 Thoroughly convinced that the overthrow of our pres- 
 ent constitution and the consequent destruction of the 
 confederacy which it binds together, would be the great- 
 est sacrifice of human happiness and hopes that has ever 
 been made at the shrine of personal ambition, I do not 
 hesitate to promise you, that every effort in my power, 
 whether in public or private life, shall be made for their 
 preservation. The father of his country, foreseeing this 
 danger, warned us to cherish the Union as the palladium 
 of our safety, and the great examplar of our political faith, 
 Thomas Jefferson, has taught us, that to preserve that 
 common sympathy between (he states, out of which the 
 Union sprang, and which constitutes its surest foundation, 
 we should exercise the powers which of right belong to 
 the General Government, in a spirit of moderation and 
 brotherly love, and religiously abstain from the assump- 
 tion of such as have not been delegated by the Consti- 
 tution. 
 
 Accept gentlemen, my thanks, for the kind manner in 
 which you have performed the duty assigned to you, and 
 believe me to be, very sincerely, your friend and obedient 
 servant. ' M. VAN BUREN. 
 
 To Andrew Stevenson, Esq. President, and 
 
 James Fenner, 
 
 Edward Condict, 
 
 Upton S. Heath, 
 
 Robert Strange, 
 
 J. B. Nevitt, and 
 
 Franklin Cannon, Esqrs. 
 Vice Presidents of the late National Convention." 
 
CHAPTER XXVI. 
 
 CONCLUSION. 
 
 In the foregoing pages, the writer has attempted 
 to present an accurate and full view of the per- 
 sonal history of Mr. Van Buren, and a clear ex- 
 position of his political opinions. The firm belief 
 of the writer in the most ultra democratic doc- 
 trines, and his partiality towards the subject of 
 this narrative as the champion of those doctrines, 
 he has not any where affected to conceal. No 
 doubt this strong bias of his mind has led him to 
 take views of certain pubhc events, widely differ- 
 ent from those which are entertained by persons 
 of an opposite poUtical faith. He has, however, 
 strenuously endeavored not to distort, conceal or 
 misrepresent, facts. The incidents of Mr. Van 
 Buren's life have been fairly stated, and his opin- 
 ions fully displayed. Every reader is at liberty to 
 connect with them such sentiments of approval or 
 reprobation as they may seem to require. 
 
 " Hanc veniam damus, petimusque vicissim." 
 
35G THE LIFE OF 
 
 The narrative has exhibited the son of a humble 
 farmer, rising through the several grades of pro- 
 fessional and political promotion, to the second 
 office in the government. The friends of Mr. 
 Van Buren ascribe this remarkable elevation to 
 superior ability and virtue ; his enemies charge it 
 to intrigue and accident. It appears, how^ever, to 
 be universally admitted, that he is endowed with 
 extraordinary abilities of some kind. This con- 
 cession has, at length, been extorted from the most 
 unwilling lips. During many of the earliest years 
 of his public life, he was denied, not only honesty, 
 but ability. In regard to the latter endowment, 
 the mouth of calumny has been effectually stop- 
 ped. Mr. Van Buren, in the course of his long 
 political career, has always shown himself fully 
 equal to the various stations he has held, and the 
 severe responsibilities which have been devolved 
 upon him. At each successive step in his advance- 
 ment, his enemies have predicted his failure, but 
 the result has covered themselves with confusion. 
 He has never failed to meet the highest expecta- 
 tions of his friends and has not unfrequently sur- 
 passed them. His ability, therefore, to administer 
 any office in the government, both in respect of 
 natural parts and acquired knowledge, is no longer 
 a matter of doubt. His past success amounts to 
 demonstration on this point. 
 
 With regard to his integrity and patriotism, and 
 the accordance of his political principles with the 
 
MARTIN VAN BUREN. 35,7 
 
 true interests of the country, a similar unanimity 
 of opinion cannot, in the present generation, be 
 expected. The great body of the people, how- 
 ever, appear to entertain perfect confidence in 
 these quahties of his mind and character. Still, it 
 is the theory of not a few, that the people are un- 
 able to judge rightly on these points, and that 
 their singular attachment to Mr. Van Buren, as well 
 as to President Jackson, is the result of blind preju- 
 dice, excited by appeals to their worst passions. 
 
 It is probably useless to remonstrate with men 
 who entertain such views ; nature has so made 
 them that they are not open to conviction from ar- 
 guments which satisfy the great body of their fel- 
 low men. Still, it may not be amiss to advert to 
 one or two facts, strongly tending to show that 
 their belief in the credulity of the people is ill- 
 founded and unjust. 
 
 If the great mass of the community are led by 
 sophistry and the artful representations of ingeni- 
 ous men, how happens it that their opinions are 
 formed to their present standard ? It may be 
 safely stated that two thirds of the public presses 
 in this country, are opposed to the principles of 
 the present administration. The periodical re- 
 views and literary journals lean against the demo- 
 cratic cause without a single exception. Public 
 seminaries of instruction, the learned professions 
 and a vast preponderance of the literary and ora- 
 torical talent of the country, are under the same 
 bias. English literature so extensively circulated 
 among us is pervaded by the same principles. 
 
358 THE LIFE OF 
 
 Wealth, fashion and inherited distinction are, to a 
 great extent, arrayed against the democratic cause. 
 How then does it happen that the people are guid- 
 ed by opposite sentiments ? If they may be im- 
 posed upon by plausible demagogues, or cajoled 
 by flattery, or alarmed by exaggeration, or blindly 
 led by example, why has the unceasing application 
 of all these means, by the horror-stricken enemies 
 of popular misrule, hitherto failed to produce its 
 natural effect ? 
 
 The true answer to this question is, that the 
 great mass of the American people are not so 
 meanly endowed and so unhappily constituted. 
 There is an honest love of truth, a blunt native 
 judgment, a piercing sagacity, in the great mass of 
 the people, which cannot be widely led astray 
 from the principles of truth, patriotism and virtue. 
 The demagogue can never meet the approbation 
 of these sentiments. Intrigue and hollow-hearted 
 patriotism wither before them. They are at- 
 tracted, instinctively, by the capable and honest 
 public servant,* they recoil from the political gam- 
 bler. 
 
 One would think that the experience of the past 
 would have taught designing politicians, that the 
 combined influence of unbounded wealth and a 
 partizan press can never turn public sentiment, 
 for any considerable period, from the channel of 
 truth. 
 
 The democratic usage, of selecting those men for 
 oflice who will faithfully express the will of the peo- 
 ple, leads to that coincidence of sentiment, between 
 
MARTIN VAN BUREN. 359 
 
 republicans and their public agents, which is chrr- 
 acterized by their opponents as servility. It is 
 illustrated in the example of General Jackson. 
 The leading measures of his administration have 
 been ardently approved by the democracy. This 
 resuhs it is said, from blind attachment to a leader, 
 without the capacity to form a just judgment of 
 his public measures. The democratic party, it is 
 alledged, are so organized and drilled by the artful 
 partizans of the President, as to follow him, whith- 
 er soever he may lead. 
 
 But the true cause of the surprizing harmony 
 which exists between the President and the peo- 
 ple, is either not understood by the anti-democratic 
 party or is misrepresented. The truth is, that the 
 President has been sustained in his measures, be- 
 cause they have all been based upon a careful 
 observation, and thorough knowledge, of the popu- 
 lar will. The President has had the sagacity to 
 observe the sentiments of the great body of the 
 people and the integrity and firmness to carry 
 them into effect. He has collected and embodied 
 the w^ishes of the people ; he has felt himself, con- 
 stantly, to be their agent and minister ; and if he 
 has seemed to lead public opinion, it has been be- 
 cause he is endued with a penetration which has 
 enabled him to foresee its current, and by throw- 
 ing himself at its head, to bring its full force to sus- 
 tain him. Guided by the fundamental principle, 
 that the will of the majority should, in all cases, con- 
 trol, he has never attempted to defeat that will. 
 He has earnestly endeavored to ascertain the 
 
360 THE LIFE OF 
 
 wishes of his constituents, and having ascertained 
 them, he has labored, with astonishing firmness, 
 vigor and capacity, to carry them into effect. 
 This is the source of that attachment which binds 
 the heart of every true repubUcan to the great po- 
 litical father of the democracy. Many a plain 
 farmer or mechanic, reflecting amid his solitary 
 labors, on the " Great American System," the 
 Bank, and other deeply contrived measures of 
 general policy, and gradually forming his own 
 mind into a clear view of their bearing upon the 
 interests of the country, has been astonished to 
 find a veto message or proclamation, from the 
 chief magistrate of the nation, suddenly lighting up 
 his mind, unlocking as it were his own secret 
 thoughts, coinciding with his own internal convic- 
 tions, but displaying them w^ith such clearness and 
 strength as to leave him no longer in doubt. He 
 sees that the President has reasoned as he is 
 reasoning, but with greater rapidity and vigor ; he 
 feels that the breast of the President beats in 
 unison with his own ; that he is truly one of the 
 people, identical in his wishes and feelings with 
 the plain farmer at the plough. It is impossible 
 for him not to repose confidence in such a man 
 and fasten affection upon him. It is evident that 
 the same sympathetic cord, which binds the hearts 
 of true republicans to each other throughout the 
 Union, unites them all to their firm and faithful 
 friend at the head of the government. 
 
 The foregoing narrative has exhibited the politi- 
 cal views and public life of Mi-. Van Buren ; and 
 
MARTIN VAN BUREN. 361 
 
 from thence, it may be possible to conjecture, 
 whether he will succeed to that place in the confi- 
 dence of the people, wliich is occupied by the pre- 
 sent Chief Magistrate of the nation. It only re- 
 mains for the writer to add, that the private char- 
 acter of Mr. Van Buren is above all censure or 
 suspicion. In the relations of father and son, of 
 husband, brother, and friend, he has always dis- 
 played those excellencies of character and feehng 
 which adorn human nature. His delicate kind- 
 ness to the partner of his bosom, while her life was 
 spared, his filial devotion to his parents, his gene- 
 rous affection for the whole circle of his rela- 
 tives, are attractive traits in his character, on 
 which, did propriety permit, the writer would glad- 
 ly dwell. Extending our view to the larger circle 
 of his personal friends, rarely has any man won a 
 stronger hold upon the confidence and affection of 
 those with whom he has been connected. The 
 purity of his motives, his integrity of character, 
 and the steadiness of his attachments, have always 
 retained for him, the warm affection of many, even 
 among the ranks of his political opponents. 
 
 Mr. Van Buren has ever been an exemplary 
 and strict observer of those moral rules which 
 are essential to the well-being and decorum 
 of society. He has never sought to display the 
 strength of his mind by daring infractions of 
 wholesome institutions, which are by some regard- 
 ed as a rule of conduct only for ordinary under- 
 standings. Notwithstanding his long connection 
 31 
 
362 THE LIFE OP 
 
 with the most exciting pohtical questions and con- 
 flicts, he has avoided those personal rencontres, in- 
 to which pohtical leaders are too often, almost by 
 necessity, drawn. Not the slightest stain rests up- 
 on the purity of his moral character ; it has been 
 so bright and unsullied, that calumny has seldom 
 ventured to assail it. 
 
 The ease and frankness of his manners, his feli- 
 citous powers of conversation, and the general 
 amiableness of his feelings, render him the orna- 
 ment of the social circle. Uniting in his character 
 firmness and forbearance ; habitual self-respect 
 and a delicate regard for the feelings of others ; 
 neither the perplexities of legal practice, nor the 
 cares of public life, nor the annoyances of party 
 strife, have ever been able to disturb the serenity 
 of his temper, or to derange for a moment the equa- 
 nimity of his deportment. He has with equal pro- 
 priety, mingled in the free intercourse of private 
 life and sustained the dignity of official station. 
 Amid the most violent party conflicts, he has re- 
 tained the personal respect of those opponents, 
 who have personally known him, and not unfre- 
 quently their confidence and friendship. 
 
 As a pohtician, his course, though decided and 
 unyielding, has always been liberal, open and hon- 
 est. No instance of bad faith, no example of 
 double-dealing, no act of duplicity or disingenu- 
 ousness has ever been fastened upon his political 
 character. His friends challenge the severest 
 scrutiny on this point, and invite the most unscru- 
 pulous exposure. He has himself done so, in his 
 
MARTIN VAN.BUREN. 363 
 
 acceptance of the Baltimore nomination. Surely, 
 amid vigilant enemies and treacherous friends, the 
 means of proof must exist, if there be any instance 
 of intrigue or secret management in his public life. 
 The public will not be satisfied with vague, gene- 
 ral charges ; proof must be given of specific acts. 
 By such proof alone, can his enemies gain the pub- 
 lic ear ; it has been too often temporarily deluded 
 by empty and false accusations. Without such 
 proof, the common sense of mankind will be slow 
 to believe that his regular and steady progress^ to- 
 wards the highest honors of the government, 
 through a long course of public service, is ascriba- 
 ble to the low artifices of duplicity and cunning. 
 Such a supposition, implies too harsh an imputa- 
 tion upon the penetration and virtue of the nation 
 to be for a moment admitted. His success as a 
 political leader, will, rather, continue to be ascrib- 
 ed to the superiority of his genius, the extent of 
 his attainments, the intrinsic excellence of his char- 
 acter, and his admirable knowledge of men. His 
 clear perception of truth, his predominating good 
 sense, the honesty of his own motives, and his sa- 
 gacity in detecting the motives of others, have in- 
 deed endowed him with a rare talent of harmoni- 
 zing, concentrating, and directing the varied feel- 
 ings and exertions of the members of a great par- 
 ty. It is a talent which characterizes true great- 
 ness, and is as far removed from the intrigue and 
 cunning of low politicians, as is the lofty ambition 
 of the patriot from the mean self-exaltation of the 
 demagogue. 
 
3G4 LIFE OF MARTIN VAN BUREN. 
 
 In personal appearance, Mr. Van Buren is about 
 the middle size ; his form is erect and slender, 
 but is said to be capable of great endurance. His 
 features are animated and expressive, especially 
 the eye, which is indicative of quick apprehension 
 and close observation ; his forehead exhibits, in its 
 depth and expansion, the marks of great intellectu- 
 al povy^er. The physiognomist would accord to him 
 penetration, quickness of apprehension, and benev- 
 olence of disposition. The phrenologist would add, 
 unusual reflective faculties, firmness, and caution.* 
 
 If the advancement of Mr. Van Buren be desti- 
 ned to terminate at the present point, he will 
 leave behind him a reputation which rarely falls to 
 the lot of any man. To have risen from the hum- 
 ble walks of life, in times of peace, by his own un- 
 aided exertions, to the second office in the gift of 
 of a great nation, will be fame enough to satisfy 
 reasonable ambition. " The past, at least, is se- 
 cure." He has already raised a monument of his 
 genius and exertions, which will defy the corrod- 
 ing tooth of time. He has enrolled his name 
 among the most illustrious statesmen of the age and 
 nation. He has illustrated, in his own example, 
 the happy nature of our institutions, which afford 
 so free a field for the expansion of talent, however 
 humble its origin, and which insure to integrity and 
 perseverance, a just and generous reward. 
 
 * The portrait engraved for this volume, by an artist of well 
 known eminence, is from a picture of Inman, painted for the cor- 
 poration of the city of New- York, 
 
 31^77-2