YALE UNIVERSITY LIBRARY THE LIFE OF PETER VAN SCHAACK, LL. D. lHunLedW ColTnirabull: I'jigCswiB^-'fey J.S.Gtmbredc-. ' ('Z^Ksns/dLijx^D, LIFE PETER VAN SCHAACK, LL. D., EMBRACING 'SELECTIONS FROM HIS CORRESPONDENCE AND OTHER WRITINGS, DURING THE ^tnuructn Evolution, HIS EXILE IN ENGLAND BY HIS SON HENRY C. VAN SCHAACK. Stlperanda fortune ferendft- NEW-YORK : D. APPLETON & CO., 200 BROADWAY. MDcgcayji. Entered according to Act of Congress, in the year 1842, by HENRY C. VAN SCHAACK, in the Clerk's Office of the District Court of the Northern District of New- York. PRE FA C E . As the biography of an eminent American, of ele vated character, of high, integrity, and of honorable association, who, in sentiment, was opposed to ta king up arms in the American Revolution, this work — composed as it mainly is of original contempora neous materials, which may help to guide the future historian — will, it is believed, not be without its value. Although a new field for historic research seemed to open to his view, and to tempt investigation, the author has aimed to confine himself within the lines of biography, without invading the department of politi cal philosophy, or unnecessarily encroaching upon the province of history ; and yet a large share of his ma terials possess the qualification of being at once auto biographical and historical. The author is sincerely and deeply impressed with the conviction, that in other and abler hands the same materials would have led to a more philosophic work ; but as it seemed probable that the manuscripts and in formation in his pdssession would be lost to the public VI P R E F A C 1 unless submitted by himself, a sense of duty to that public, and his obligations to the memory of the sub- ject of this memoir, would not leave his mind at ease in Withholding their publication, although aware that his limited acquirements would expose his effort to criticism. The work is now submitted to the public, not without apprehensions as to its reception, and yet with a somewhat confident expectation that it will be found interesting as a biography, and as a novel con tribution- to the history of the American Revolution. The Author. Manlius, N. Y., April, 1842. CONTENTS. CHAPTER I. Ancestry of Peter Van Schaack." — Uncouth family name. — Anecdote in re lation thereto. — His parents uneducated. — Their character. — His birth. — Brief notice of Henry Van Schaack, his elder brother, and an officer in the French war. — He pursues classical studies with Rev. Richard Charlton, on Staten Island. — Enters King's College. — Becomes acquainted with Jay, Benson, Har rison, Morris, and others. — Is privately married while in College to Elizabeth Cruger. — Displeasure of the lady's father. — Acquires his father-in-law's con fidence. — Commences the study of law with Peter Silvester, at Albany. — Re moves to New- York. — Enters the office of William Smith. — Is licensed to prac tise. — Opens an office in New- York. — Flattering professional prospects. — Let ters to Peter Silvester and Henry Van Schaack. — Letter from "Egbert Benson. — Lawyers in New- York enter into an Association called " the Moot." — High character of the club and of its decisions. — His early precision in professional business. — Is appointed sole reviser of the Colonial Statutes, at the age of 26. ¦r-Executes the trust in a creditable manner. — His vision is impaired by the la bor of preparing this work. — Assumes a high stand in his profession. — His flattering prospects disturbed by domestic afflictions and by the Revolu tion, . . . . . . . . p. 1. CHAPTER II. News of the passage of the Boston Port Bill is received in New-York. — Mr. Van Schaack is appointed a member of the Committee of Correspondence. — He enters upon the duties of Committee-man. — Letter to Peter Silvester. — Acts with the committee until its dissolution. — Letter from Edmund Burke to the Assembly of New-York. — Letter from Mr. Van Schaack to John Jay. — His brother-in-law, Henry Cruger, Jun., is chosen a member of the British Parliament. — His friend,' John Vardill, embarks at New- York for England, to take orders. — He writes to Mr. Vardill, deprecating the measures of the British government. — Mr. Vardill's answer. — Letters from Mr. Cruger on American affairs.— Mr. Cruger promises to " let off" Mr. Van Schaack's sentiments in the House of Commons. — His maiden speech, espousing the American cause. — Graphic description of Mr. Cruger's speech by Mr. Vardill, in a letter from London. — Correspondence with Col. Maunsell condemning the measures of Ministers. — Further letters from London from Mr. Cruger and Mr. Vardill. — Mr. Van Schaack is appointed a member of the Non-Consumption Commit tee, y ¦ ....... p. 16. CHAPTER III. Mr. Van Schaack's father-in-law embarks at New- York, for the watering places in England. — Numerous domestic afflictions of Mr. Van Schaack. .- Loss of four children within four years. — Sudden death of two other children. — His reflections on this occasion. — He removes his family to Kinderhook. — Letters from New- York. — That city no longer a desirable place of residence. — American troops take possession of the city. — Mr. Van Schaack comes to the determination not to take up arms against the Parent State. — Commits his sentiments }p paper. — He loses the sight of one eye entirely. — Is chosen by the electors of Kinderhook district a member of thp Committee of Safety and Cor respondence for Albany county. — Attends the next meeting of the Committee. ' — Committee for Kinderhook district prefer a complaint for outrages pommit- ted.jn their district. — Complaint established, but disregarded by the Albany Vlll CONTENTS. Committee.— Committee for Kinderhook district decline to sign a pledge to take up arms.— They are expelled in their absence and without a hearing, r Mr. Van Schaack is disposed to pursue all peaceful remedies for a redress ot grievances.— He ceases to act with the Whigs on account of the harshness 01 their measures.— Is apprehensive of total blindness.— Sudden and alarming illness of Mrs. Van Schaack —His sensibility is severely tried by the necessity of separating from many of his early friends, who were for warlike measures. —He assumes the stand of neutrality and adheres to it- His high standing and supposed influence render him an object of suspicion, . . p. 48. CHAPTER IV. First Constitution of New- York adopted April, 1777.— Previous regulations by a Provincial Congress or Convention and County Committees. — These but a temporary expedient, and intended to expire on a reconciliation with Great Britain. — History of these Committees.— Executive, judicial and legislative powers confounded and exercised by one body. — Provincial Congress appoint a Committee of Conspiracies. — Arbitrary powers conferred on this committee. — Desperate character of the American cause at this period. — Extraordinary powers conferred by the Continental Congress on Gen. Washington.— Con gress apologize to the people therefor. — Abuses growing out of the arbitrary powers conferred on the Committees. — Character of the Committees. — Anec dote about the Albany Committee, illustrating the jealousy of liberty. — Com mittee of Conspiracies pass a resolution directing the Albany Committee to summon Mr. Van Schaack to take the oath of allegiance.— He appears before the Albany Committee and declines to take the oath. — Is ordered to repair to Boston. — He applies for time to arrange his affairs. — His application is deni ed. — Writes to the Convention, maintaining it to be his right to remove from the State with his family and effects. — Convention pass an order for his ap pearance before them. — 1 hey omit to forward him a copy. — He proceeds to Boston, and thence to Leominster. — His correspondence from Massachusetts. — Mr. Jay sends to Mrs. Van Schaack the order for her husband's appearance. — Mr. Van Schaack attends the Convention at Kingston. — They pass an order suspending a hearing upon his memorial. — He repairs on his parole to Kin derhook. — Singular course of the Convention. — He writes an essay on civil wars and political toleration. — Terror and dismay of the inhabitants of Alba ny and vicinity, on the approach of British armies. — Capture of Burgoyne gives a cheering aspect to American affairs. — Anecdote respecting Burgoyne and the Dutch matron, on his entrance into Albany — Interesting incident re specting Madame de Reidesdel, while at Gen. Schuyler's, . p. 64. CHAPTER V- Mrs. Van Schaack's health becomes alarming.— She is exceedingly anxious to visit the city of her nativity.— Is advised by her physicians that it would have a favorable effect on her health.— New-York then a British garrison — Mr. Van Schaack applies for leave to visit the city with his sick wife —Cor respondence on that subject with Mr. Jay, the Governor's private Secretary — The Governor declines giving permission, as no "reasons of state" called for it.— Familiar correspondence with Mr. Jay.— Mrs. Van Schaack's health as sumes a more alarming aspect.— Her distracted husband again uro-6s his am plication, and offers to submit to any restrictions that may be imposed.— The absence of « reasons of state" again defeats his application—Further illus tration of the hardships of civil wars.-Application is made for leave , to Sr Hayes an eminent physician attached to the British army captured at Sara toga then in , A bany, to visit Mrs. Van &chaaek._The Committee of SafetV interfere with the Commanding General to prevent the excursion—Mr, Van Schaack, on her death bed forgives the public authorities for not allowing her to go to New.Tork.-Bhe forgives the Committee for reS lea^e to her physician to visit her.— Her death wing leave to ' p. 95. CONTENTS. IX CHAPTER VI. Mr. Van Schaack's health demands attention. — He determines to go to Europe to have his eye operated upon. — Writes to Mr. Jay on the subject of obtaining permission from the Governor to go to England. — Mr. Jay dis courages the application. — Mr. Van Schaack has an interview with the Governor, who promises him leave to go to Europe as soon as the state of the country would admit. — A new event occurs to swell his already over flowing cup of afflictions. — The Legislature of New- York pass the Banishing Act. — He is summoned before the Board of Commissioners, at Albany. — De clines saying whether he considers himself a subject of the State of New-York or of Great Britain. — An order is made for his banishment. — The Secretary of the Board was his former law student. — Mr. Van Schaack's emotions on seeing his pupil's name to the order. — He analyzes the statute by which he was proscribed. — Correspondence with Theodore Sedgwick. — Letter from Mr. Sedgwick to Aaron Burr. — Mr. Van Schaack proceeds from Kinderhook to New-York. — Has an interview with Gov. Clinton at Poughkeepsie. — The Governor assures him he was not an object of the penalties of the act by which he was proscribed. — Governor Clinton's certificate. — Mr. Van Schaack forwards the Governor's Certificate to the Commissioners at Albany. — It ar rives too late, and his name is recorded with the rest. — Writes a long letter to Mr. Jay! — The author's summary of the facts connected with Mr. Van Schaack's case, . . .... p. 106. CHAPTER VII. Mr. Van Schaack's numerous and severe afflictions reviewed. — His choice of a motto. — His reflections on leaving his native village. — He arrives at New- York. — Letter from Gouverneur Morris. — Mr. Van Schaack embarks for Eng land. — He describes the dangers of the sea. — Touches Ireland. — Compares the situation of its inhabitants with those of America. — Letter from Cork to his son. — He proceeds to England. — Arrives at Bristol. — Affecting interview with his father-in-law. — Extracts from his Diary and Journal of Travels while in England, ........ p. 129. CHAPTER VIII. Mr. Van Schaack's occupations while in London. — Rare opportunities for acquiring information. — Is a frequent attendant on the debates in Parliament. — Makes notes of debates on American affairs. — Gen. Howe's conduct of the American war becomes the subject of Parliamentary debate. — His misman agement of the war. — Narrow chance for American Independence. — Severe strictures of political writers on Gen. Howe's military conduct in America. — Mr. Van Schaack was probably one of those writers. — His notes of a debate in Parliament in regard to Gen. Howe. — His letter to Gen. Howe, exposing his mismanagement of the American war, ... p. 164. CHAPTER IX. Mr. Van Schaack's anxiety about the education of his three children still in America. — His observations on that subject, written in New- York and at sea. — Letters from London to his son, .... p. 185. CHAPTER X. Letters from London to his son continued, ... p. -205. CHAPTER XI. Extracts from his Diary and Political Speculations while in England, 1779 to 1781, ........ p. 236. X CONTENTS. CHAPTER XII. Mr. Van Schaack's peculiar sentiments in regard to the American Revolu tion.— Charity formed a prominent trait in his character.— He always looked for a good motive in canvassing the conduct of individuals. — Applies this prin ciple to rulers.— Gave ministers credit for integrity of purpose, in their mea sures against the Colonies. — On his arrival in England, he takes pains to inform his mind as to the designs of the British Ministry.— Becomes satisfied of their corruption. — Changes his former views on this subject. — Reduces his senti ments to writing. — Resolves to return to America, but is deterred by the state of his eyes. — At one time he concluded to undergo an operation. — In prospect of a fatal result, he arranged his papers and drew his will. — He is alarmed by an attack on his other eye. — Is temporarily relieved. — The surrender of Lord Cornwallis, the signal in England for the abandonment of the American war. — Extracts from Mr. Van Schaack's Diary and Notes of Debates in Par liament. — Ministers are outvoted. — They resign. — New Ministry formed, with the Marquis of Rockingham at their head. — Charles James Fox is introduc ed into the new Cabinet. — Sudden death of the Marquis of Rockingham. — A schism in the new Ministry. — iMr. Fox resigns. — Letter from Mr. Van Schaack, exposing the inconsistencies of the Ex-Minister, . . p. 257. CHAPTER XIII. Mr. Van Schaack's fondness for youth. — Familiar letters to a young friend, . . . . . . . . . p. 278. CHAPTER XIV. The American Revolution had interrupted Mr. Van Schaack's intercourse with many of his early friends. — The dawn of peace opens the way for their re-union. — Mr. Jay arrives in Paris. — Mr. Van Schaack renews a correspond ence with him. — Mr. Jay visits England. — These old friends meet.— Signifi cant entry in Mr. Van Schaack's Diary, p. 300. CHAPTER XV- Correspondence from England, with his relatives in America, . p. 314. CHAPTER XVI. Correspondence from England, with his relatives in America, contin- ued> ... . . ... p. 343. CHAPTER XVII . Correspondence from England with eminent gentlemen in America — Letter to Theodore Sedgwick— From Gouverneur Morris.— To Gouverneur Morris.— From Gouverneur Morris.— To Oliver Wendell..— To John Jay — From John Jay, (including a letter from George Clinton to Mr. Jav )— To Peter Silvester, . ' r,cn ' • . p. oo9. CHAPTER XVIII. Mr. Van Schaack determines to leave England— His heart beats high in the prospect of soon meeting his friends in America.-Letters to his son and to Jane Silvester his sister— He embarks at Falmouth— Arrives in the har bor of New- York— Receives intelligence of the death of his mother -Mr Jay meets him on board the ship, and conducts him to the Governor and Chief J ust.ce— Mr. Van Schaack proceeds to Kinderhook— His return £ welcomed by men of all parties— His society is sought after— He becomes an object of great interest through life, . „ ™ CONTENTS. Xi CHAPTER XIX. No impediments interposed to Mr. Van Schaack's resuming his residence in the State of New-York.— AconVictionunder the Banishing Act depended on a return to the State— The Treaty of Peace contained a stipulation against future prosecutions. — His case probably came within the 6th Article. — Public authorities embarrassed in regard to the law. — No disposition manifested to molest him. — Early legislation of New- York — Its extreme severity. — Mr. Van Schaack's views in regard to the Banishing Act. — The Confiscation Act con demned by some of the most eminent Whigs. — Mr. Jay's views on that sub ject. — Singular provisions of that statute for trying deceased persons. — Curi ous provisions of the " Act to complete the quota of the troops." — Severe provisions of the "Act to preserve the Freedom and Independence of this State." — It disfranchises all who had not been friendly to the Revolution. — Another statute prohibited all lawyers from practising who could not prove they had been " good and zealous friends to the American Cause." — This statute in force when Mr. Van Schaack returned from England. — Many em inent men thereby excluded from the legal profession. — An effort, in 1785, to procure its repeal, fails. — A more liberal spirit actuates the next legislature. — The law against Attornies and the Disfranchising Act are repealed. — A spe cial statute is passed restoring Mr. Van Schaack to Citizenship. — He is ad mitted to the bar of the Supreme Court a second time. — Opens a law office in his native village, ....... p. 393. CHAPTER XX. Mr. Van Schaack leads a life of great activity and enjoyment, during the first few years after his return from England. — He is received into all compa nies with a hearty welcome and distinction. — Selections from his correspon dence at this period. — Interesting picture presented in the friendships of the Revolutionary period, ...... p. 404. CHAPTER XXI. Federal Constitution recommended to the States for their adoption. — Mr. Van Schaack takes a deep interest in favor of that instrument. — He mounts the Rostrum and harangues his fellow-citizens. — He is put in nomination as a. delegate to the State Convention. — Letters to Henry Walton and to his son. — Mr. Van Schaack revises the Conductor Generalis. — Determines to avoid public life, from a conviction that he could be more useful to his coun try in a private station. — Is married to Elizabeth Van Alen. — Her character. — Correspondence with Peter Silvester, Henry Van Schaack, John Jay, and Theodore Sedgwick. -^Mr. Jay becomes a candidate for Governor of N. Y. — Mr. Van Schaack takek a deep interest in the election of his friend. — Writes a series of articles condemnatory of the conduct of the State Canvassers. — Let ter to Andrew Carshore giving Mr. Jay's character. — Mr. Van Schaack's char acter as a lawyer. — Letters from eminent men to the author on that subject. — His veneration for the law illustrated by an anecdote. — His vision becomes so much impaired as to render an amanuensis necessary. — Writes to Theodore Sedgwick that his epistolary pleasures are at an end. — Devotes much of his time to instructing young gentlemen in the science of law. — Nearly one hundred young men have been educated by him. — Compiles an Analysis of the Practice of the Supreme Court, for the use of his students. — Letter from James Kent. — Mr. Van Schaack's students ever retained a high regard for their Instructor. — A letter from one of them. — At the age of 82 he has two law students. — He writes to a former student, " like a coachman who loves the smack of his whip, I have still some professional occupations," p. 425. CHAPTER XXII. Mr. Van Schaack's severe domestic afflictions after his return from England. — Sudden death of his oldest son. — Letters to his absent children on that event. Xll CONTENTS. — Death of another son at the age of 20, and when about to take a collegiate degree. — Death of Mr3. Van Schaack. — His conduct on the next anniversary of that occasion. — His tenderness for the sensibilities of others. — He and Judge Benson visit Mr. Jay. — Correspondence with Mr. Jay. — Mr. Van Schaack prepares some toasts for the anniversary meeting of the Alumni of Columbia College. — Receives the degree of Doctor of Laws. — Incidents illus trating his habits, occupations and character. — Closing correspondence with • Mr. Jay. — Death of that eminent man. — Mr. Van Schaack composes an epi- ' taph on his friend. — Letter from Egbert Benson.— Mr. Van Schaack's illness and death. — His character, . ... . ,<¦ p. 447. i APPENDIX^ A. Edmund Burke's letter respecting the hearing at the Cockpit upon the petition for the removal of Governor Hutchinson, . p. 467. B. Henry Cruger's speech in Parliament, ..... p. 468. C. Resolve of Continental Congress giving extraordinary powers to Gen. Washington, . . ... p. 473..' D. Letter from the Convention of N. Y. to Chairman of Tryon county Committee, ....... p. 474. E. Detail of proceedings in relation to the district of Kinderhook, p. 475. F. Order of the Convention for Mr. Van Schaack's appearance, . p. 478. G; Parole, . ..... .p. 479. H. Minutes by Mr. Van Schaack, in relation to the last sickness and death of Mrs. Van Schaack, ..... p. 479. I. Banishing Act, .p. 485. J. Debate in the House of Lords in regard to the execution of Colonel ^y"63. • . p. 487. K. Dialogue between the ghosts of Lord Chatham and Charles Town shend' , . p.488. L. Sixth Article of Treaty of 1783, . p 490 ERRATA. Page 21, line 12 from top, for vanquished, read vanished. » ico ?otefJ0/ contlnentiaI, read continental. >i lo? v F,from top, for numbers, read number. ., ?£;' !'ne 5 f]?m,i2E' for m?iior> read Mayor. " 424, line 1, for 1777, read' 1787. " 427, line 14 from top, for Ultb. Art, read in Art THE LIFE OF PETER VAN SCHAACK. CHAPTER I. The ancestors of Peter Van Schaack came from Holland. The period and the particular circumstances, at and under which they left their father-land, to encounter the hardships and share the fortunes of the New World, are unknown. They were probably among the early emigrants to this country, when New-York was a Dutch colony. The family name — so uncouth and difficult of pro nunciation from the reading — would seem to furnish some evidence of the genuineness of their Dutch origin. There is reason for believ ing that it was originally spelled Schaeck, though pronounced like the present name. The name of Van Schaick is.doubtless a corrup tion, and perhaps improvement, of the same original. The subject of this sketch was designated by the attendants^ his lodgings, when in London, as " The gentleman with a hard name."* Cornelius Van Schaack, the father of our subject, was by pro fession a merchant, being engaged in business at Kinderhook, in the State of New- York, where he resided. He was also for many years a skipper on the Hudson river, antecedent to the Revolution. The parents of Peter Van Schaack were uneducated ; and they only enjoyed, in early life, such limited opportunities for improving # The Variety of ways in which this name is pronounced would be obvi ated, if the rule of giving to the double a the broad sound was observed. 1 2 THE LIFE OF the mind, as were afforded by a country residence in the colony of New-York, during the early part of the last century. His lather however, was a man of great sagacity and strength of mind, and of marked energy and decision of character, whose personal appear ance is represented to have been very dignified and command ing, and such as to inspire those in his presence with awe, and to have secured their respect and attention. His mother was a woman of good sense, simple and unostentatious in her manners, of marked piety, and of great sensibility of feeling ; which latter quality was transmitted to her children. * The subject of this sketch was born at Kinderhook, in March, 1747, and was the youngest of seven children. Henry, the oldest, who died in 1823, at the advanced age of ninety years and up wards, was an extraordinary man, and exhibited in his life and actions, how early disadvantages may be overcome by attention and perseverance. Although he had not even studied the rudiments of English grammar, his letters and other productions are remark able, not only for profundity of thought, but for their grammatical correctness, and frequently for classic beauty. His knowledge of grammar was acquired solely by the ear, and by paying strict atten tion to the conversation of gentlemen of education, into whose com pany accident or business might cast him. He was a man of .great enterprise and fearlessness of character ; and was engaged, at an early period, in the fur trade, being interested in establishments for that purpose, at Niagara and Detroit, at which latter place he re sided for several years previous to the Indian wars of 1761. Henry Van Schaack was an officer in the last French war. In a conversation, in 1816, with an eminent civilian still upon the stage, he communicated the following particulars in regard to the three sanguinary conflicts which took place on one and the same day, at Fort George and French Mountain. He " was a lieutenant in a company of which the late General Schuyler was captain, in the New-York levies, at Fort George and Fort Edward, in August, 1755 ; when Baron Dieskau was defeated by General, afterwards the humane and generous Sir William Johnson, of Montgomery county. His description of the battle was essentially the same as it is detailed by Smollett, who has re lated it very correctly. He was in Fort Edward, when Baron PETER VAN SCHAACK. 3 Dieskau defeated Colonel Williams's party, and attacked the lines at Fort George, and was one of the detachment which went up the same day, and defeated the retreating army of Baron Dieskau, whom he found pillaging the dead that lay in the road and woods, two or three miles south of Lake George. There were about three hundred of Colonel Williams's party lying dead. On going into the camp at Lake George, to the quarters of General Johnson, he found him wounded, and related to him the ultimate rout of the French ; and in his same tent, and on his bed, lay the Baron Dieskau, also grievously wounded. " He reached General Johnson's tent in the night, after the three skirmishes and battles of the day, viz.: (1.) Dieskau's defeat of Col. Williams's party. (2.) His unsuccessful storm of General Johnson's lines, perhaps in the middle of the day. (3.) The dis persion of his retreating and defeated troops, by Captain Maginnis and Lieutenant Van Schaack, in the afternoon, or rather evening, for the last fight was after nightfall."* Honorable mention is made, in the contemporaneous accounts of these events, of Lieutenant Van Schaack's bravery and military conduct on the latter occasion. This tribute, slight though it be, is due to his memory. Not to particularize other members of the family, (which would be beyond the scope of this work,) it will be sufficient to say, that the family of Cornelius Van Schaack was one of respectability and influence, and it was remarkable for the good sense, natural intel lectual endowments and integrity of principle, and for the energy, enterprise and stability of character of nearly all its members. The opportunities for acquiring a good education, which were afforded by a country residence at that early period, were extremely limited, and the subject of this sketch was the first young man who receiv ed a liberal or collegiate education from his native town. But few particulars have survived the wreck of time, in regard to the early history and youthful course of Peter Van Schaack. He appears to have manifested an inclination, at one period, to enter -r * The author is indebted, for this extract, to the Honorable James Kent, ' by whom the statements of Mr. Van Schaack were committed to paper at the time of the conversation, and placed at the end of the third volume of Smol lett's History of England. 4 THE LIFE OF the army; but his father had, at an early day, designed him for one of the liberal professions. He was placed at school in his native village, where the ordinary branches of a common English education were taught. His young ambition was much repressed by the unhappy temper and injudicious conduct of his teacner. This incident in the early part of his life, is thus adverted to in one of his letters to his son : . " My tutor, by a warmth of temper and an unreasonable impa tience when I hesitated, which frequently happened from the influ ence of a native diffidence, would throw me into confusion, so that I really lost the use of my recollection, and my presence of mind, and instead of giving me time to recover myself, he would insist on my answering questions sometimes of an intricate nature. I be came possessed of an idea that my talents were defective, and that I was not designed by nature to pursue the paths of science. I therefore urged your honored grandfather, who entertained all the partiality of parental fondness for me, to permit me to leave my books, and to indulge me in my wishes of going into the army. To this he was utterly averse, and, from respect to him, as well as from a discovery I made, that though my tutor behaved to me as if I was a blockhead, yet, in my absence he expressed himself favora bly of me, I persevered, and soon found myself advanced in my learning far beyond my own most flattering expectations." For about two years antecedent to his entering upon his colle giate course, he was placed under the care and instruction of the Rev. Richard Charlton, on Staten Island. This gentleman was a clergyman of the Protestant Episcopal Church, and for many years had been an assistant minister in Trinity Church, in the city of New- York, and on the death of Mr. Vesey, the rector, he was assigned to the missionary station on Staten Island. He was a graduate of Trinity College, Dublin, and is represented to have been an admirable scholar. It was under his rigid instruction, that the subject of this sketch laid the foundation for that thorough ac quaintance with the Latin language, which rendered him, in subse quent life, probably one of the best Latin scholars in the state. He was accustomed to speak with the highest veneration of his " old master," and he ever reverted to his valuable instructions with feel ings of gratitude. PETER VAN SCHAACK. 5 In 1762, (being then in his sixteenth year,) he entered the Freshman class in King's College, in the city of New- York. This was an eventful era in his life. It was here that he formed an interesting and valuable acquaintance with John Jay, Egbert Ben son, Richard Harrison, Gouverneur Morris, Robert R. Livingston, and many other illustrious men, whose enviable reputations now constitute the richest property of their country. Between the four first named individuals and the subject of this sketch, the greatest intimacy existed, and an uninterrupted friendship continued through life ; and the biographer or historian who should assay to do jus tice to the memory of either, could not fail to spread upon his pages the names of all these choice spirits in juxtaposition. In the autumn of 1765, (while still at college, and being then in his twentieth year,) he was privately married to Elizabeth Cruger, daughter of Henry Cruger, an intelligent and opulent merchant in the city of New-York. This apparently precipitate step occasioned the marked displeasure of the young lady's father. A reconciliation, however, shortly afterwards took place, and Mr. Van Schaack lived to enjoy, in an eminent degree, the confidence of that gentleman, and was appointed by him one of his executors. While at college, he received several premiums for scholarship, and ranked first in his class. Having finished a regular collegiate course, he commenced the study of the law, in the spring of 1766, in the office of Peter Silvester, at Albany. With this gentleman he remained about eighteen months, when he went to the city of New-York, and entered the office of William Smith, the historian, and one of the most distinguished jurists of that day. The duties which devolved upon him in the office of Mr. Smith, whose business was very extensive, would seem to have been very laborious, and to have required a great share of industry and appli cation. The office duties of clerks at that period were immensely laborious — every thing was written, and the drudgery of copying was oppressive. Printed blank forms, which are now used by the profession with so much economy of time and labor, were then unknown. Even the argument of questions of law before the Supreme Court was conducted in writing. The practice of having the " points" only in writing, and the substitution of oral for writ ten arguments at the bar of the Supreme Court, was adopted some 6 THE LIFE OF years after the Revolution, at the suggestion of Alexander Hamil ton, whose immense business did not leave him time to reduce his arguments to writing; while his intuitive mind no doubt despised the drudgery. It was about this period that the Commentaries of Sir William Blackstone first ' appeared in this country, and presented to the' young law student the advantage of a systematic work on legal science, which he had not before enjoyed. At the January term of the Supreme Court, in 1769, Mr. Van Schaack underwent the usual examination in company with his particular friends Egbert Benson and Richard Harrison, and was licensed to practice as an attorney of that court. It was consi dered a very remarkable circumstance at the time, that three young gentlemen should be admitted to the bar at one term* Shortly after his admission, he opened an office in Cedar-street, in the city of New-York ; and he soon found a rapidly increasing business intrusted to his charge. Respected for his talents, and with a reputation unsullied, — bringing to the profession habits of industry and a disciplined mind, and having also an extensive fam ily connection, who manifested every disposition to promote his advancement, — he entered upon his professional career under the most flattering circumstances. His early matrimonial connection, and the responsibility of an increasing family, were a great stimu lus to his ambition and industry, and had increased his anxiety to be admitted to the practice of his profession ; and he was in fact licensed after a shorter period of study than was required by the strict rules of the court. The letters which follow are deemed worthy of preservation for their historical interest. TO PETER SILVESTER.f _ „ Mew-York, 1st Jan., 1769. Dear Sir : Our town is just now rather barren of events to fill a letter with; however, I shall endeavor to repair my past deficiency as a * From thirty-five to fifty are now usually licensed at each of the four terms. t This gentleman married Mr. Van Schaack's sister, and at this time he was in the practice of the law at Albany. He was a member of the first P. ETER VAN SCHAACK. 7 correspondent, by gleaning together something or another as chance shall turn it up. The subject of a dissolution of the House is most talked of. Two things, it is said, will produce this, if they are done : The first, reading the Boston Circular Letter. In this case, the Governor, 'tis said, has a positive instruction immediately to dissolve them. The second, the entering into constitutional resolves of the independency of the colonies on Great Britain as to taxation. In this case, the Gov ernor thinks himself bound ex-officio to dissolve them. He reasons in this way : there is now actually existing an act of Parliament, (made at the time of the repeal of the stamp act,) declaring the supremacy of Great Britain over the colonies in this very right of taxation. By this law the crown itself is bound in its powers, and consequently to that law he as a servant of the crown must render obedience. Now, he says, every declaration of our Assembly, de rogatory from that power and that right, he must take notice of, and discountenance. This kind of reasoning, however just and solid, his Excel lency's situation considered, does not produce conviction in the minds of people here. Addresses have been presented, or rather instructions, from the citizens in this town, enjoining both these measures, and it is supposed that they will be complied with. The controversy seems now to stand on a point of punctilio. The Governor says that he has strong authority to think that the ministry are very pacifically inclined towards the colonies, and are anxious that the latter should not enter into any violent (so they call what we term spirited) measures, for this reason, that they, the ministry, may have the credit of carrying their good intentions into action without seeming to be forced into it. The people, on the other hand, have not much confidence in the sincerity of minis terial promises or declarations, and, should they not publicly de clare their sentiments, they consider that they will be viewed in Provincial Congress, and, upon the organization of the county of Columbia, in 1786, he. was appointed a judge of the county courts. In*1789, he was chosen a representative in Congress for that county. He was also after wards elected to seats' in both branches of the state legislature. Judge Sil vester was a gentleman of respectable talents, of unbending integrity, and of great moral worth. 8 THEL1FE0F an inferior light to those of their sister colonies who have adopted more spirited conduct, and also of giving up the general cause of liberty^ Nay, it would seem as if this Assembly had abandoned those sentiments which the last preceding House has so publicly declared, and left as a lasting testimonial on the minutes of their proceedings. From hence you will gather that a dissolution seems almost in evitable, and yet some discretionary powers may be lodged with the Governor that may bring about a compromise. You may have heard of or seen on the minutes of the House, that a bill has been before the House to curtail — to annihilate as it were — the proceedings in the Supreme Court ; in confining its ju risdiction to causes only above a hundred pounds. I am told it is miscarried. I look upon this bill as an effect of an almost universal clamor against the law and its practisers. You cannot conceive the violence of people's prejudices ; whether they are groundless, or, as the lawyers say, unjustly levelled against the whole profession for the chicanery of a few individuals, or whether they are really chargeable to the body of the law in general, the respectable gentlemen on each side of the question hinder me from determin ing entirely. However this may be, the end aimed at is the total destruc tion of the profession — a profession, however, without which socie ty would not easily subsist. I am afraid the consequence of this prejudice will be, that the practice will be thrown into the hands of a lower class of people ; for if the fees are very low it will be un worthy the attention of a gentleman. This may make the business of an attorney and that of a counsellor two distinct branches, and I fancy not very well answer the purpose of lessening the law charges. Party spirit runs high, (as Coke says of ambition,) it rideth without reins. Should this Assembly be dissolved and a new elec tion succeed, depend upon it, it will give birth to such bitterness and rancor as perhaps has not hitherto showed itself. Upon the whole, you will think my anxiety to get into a state of independence justifiable. As you intend your letter for my benefit, and the restriction in it arose from a sense of duty, as I sup pose, or at least of equity, you will easily excuse my suppressing peter Van schaack. 9 this letter, as I shall make known the contents to Mr. Smith as if conveyed in a letter to myself. I am, Dear Sir, Your affectionate friend and brother, P. V. Schaack. TO HENRY VAN SCHAACK. JYew-York, Jan'y 2d, 1769. My dear Brother : I received your favor by the post. I shall pay due attention to the contents. This day our Assembly will be dissolved. I believe it is in evitable : the Resolves I hear were made last Saturday evening. As to your brother-in-law, believe me, my dear Harry, I will give him my instruction with the greatest pleasure. I wish his genius may be adapted to the law. Mention to Mr. Blackboum to have his turn of mind consulted. Does he write to you 1 Get him to tell you the favorite parts of his studies. Beg that he may read history, that grand fountain of instruction. I do not recollect his age, and therefore cannot guess at the stage he is advanced to in his learning ; but if he is designed for the law, I would recommend to him as soon as he is fit to read them, Cicero de officiis, and Puf- fendorf de jure hominis et civis. These are books that treat of the moral and civil duties, and are an excellent foundation to begin the study of law upon. I think I could chalk out a path for a prompt lad that would furnish him with great instruction, and show a pretty direct road to an acquaintance with the laws of England. Believe me, I know not above one or two in town that do tolerable justice to their clerks. For my part, how many hours have I hunted, how many books turned up for what three minutes of explanation from any tolerable lawyer would have made evident to me ! It is in vain to put a law book into the hands of a lad without explaining difficul ties to him as he goes along. I could better convey and illustrate my ideas on this subject to one of the profession than to you, who must be unacquainted even with the necessary terms to clothe them in. From David and Lydia's letters, I am afraid my mother is 2 10 THE LIFE OF very ill. I am anxious to hear more on this subject, and beg you will immediately gratify me. Should this honored parent still con tinue ill, let me know of it, and I will make a jaunt up. I am, with love to Jane, and the compliments of the season, dear H., Your very affectionate brother, P. V. Schaack. Tuesday morning. The Assembly is actually dissolved. It is said the Governor has told your members there will be a new election immediately. Pray how is your county affected 1 Mr. Smith tells me that very bad accounts are arrived from England. The King has expressed himself to his Parliament in a violent, flaming manner against the colonies. TO HENRY VAN SCHAACK. New-York, Friday, 27 Jan'y, 1769. Our election is ended, and the Church triumphant. Messrs. Cruger, Delancey, Walton and Jauncey* are the members, in spite of all the efforts of the Presbyterian interest combined with some other dissenting sects. This is what the Churchmen call a complete vic tory; — 'tis a lasting monument of the power of the mercantile interest. It is impossible there ever could be a more decently con ducted election, but it will add fuel to a flame of party spirit which I believe will never be extinguished. It is said that matters go so high as to single out tradesmen of each respective party — this, though, is chiefly charged upon the minority, but will for the fu ture, I fancy, be more general. How do you like the event of this election 1 It is, I own, very agreeable to me, and yet it throws rather too much weight into a scale which I wish, indeed, rather than any other, to prepon derate ; but in general my sentiments are in favor of a balance of power. In a constitution like that of Great Britain, there ever will be (I wish never to see the day when there shall not be) •parties. The bulk of the people will be divided, and espouse one or other side. From the very temper of man, when he gets power he will be tempted to abuse it, especially when he is irritated by the reflection of past opposition. * John Cruger, James Delancey, Jacob Walton and James Jauncey. peter van schaack. 11 The unsuccessful party, on the contrary ^re little disposed to submit to any exercise of superiority, even though intended for their benefit, from a set of people they hate ; but while each party continues formidable to the other, and upon an equal footing, nei ther will dare to attempt, because neither can, oppress. The ap prehensions expressed by the Presbyterians are, I believe, in truth, chimerical ; but with respect to themselves they are real, because they think them so. They think they have, as a religious body, every evil to expect from the growing power of the Church ; they are, therefore, I think, justifiable in opposing it, and by that means prevent the dreaded evil. The Church, say they, is secured in every branch of the legislature, and has no mischief to dread from their having some leading members in the House of Assembly ; and why should this only door at which they can possibly enter, and by which they can acquire any degree of significance, — the other branches of power being at the disposal of the Crown, and out of the reach of those who are disagreeable to mitred heads, — why, say they, should this be shut against them ? 'Tis pity that the zeal of these gentlemen has hurried them into acts which have already proved of vast disservice to them. I inclose you some papers that have appeared on the occasion of the election. Numberless others were handed about, but of little merit. It is surprising what trifles can be turned to the greatest advantage in elections, and be made to captivate the pas sions of the vulgar, or, as Hamlet says, " to split the ears of the groundlings." A straw, a firebrand, have severally answered this purpose in a recent instance. It was said, during the last election, that T. Smith had said that the Irish were poor beggars, and had come over here upon a bunch of straw. The whole body of Irish men immediately joined and appeared with straws in their hats. Mr. Kissam, who summed up the evidence for Mr. Scott in the late charge against Mr. Jauncey, happened to say that the passions of the Germans were like firebrands; — a whole congregation were, in consequence of that, resolved to vote with them in their hands ; but being dissuaded, they however distinguished themselves by the name of the Firebrands. These gentlemen have also made themselves remarkable by a song in the German language, the chorus of which is : 12 THE LIFE OF " Measter Cruger, Delancey, Measter Walton and Jauncey." 'Twas droll to see some of the first gentlemen in town joining in singing this song, whilethey conducted the members to the coffee house ; on which occasion it was observed, that there was a greater concourse of people than was ever seen on any former occasion in town. Adieu. I believe Betsey will write a few lines to J., and thank her, so that I need say nothing on this head. We have as many correspondents and as many letters to write as a Secretary of State. I am, very truly, Your affectionate brother, P. V. Schaack. It will be observed, that at the dates of the three preceding let ters, Mr. Van Schaack was in his twenty-second year, and had not quite completed his clerkship. They evmce an early maturity of judgment, and more particularly a great share of candor, which, as will hereafter be seen, formed a leading trait in his character. FROM EGBERT BENSON. Mew-York, June 2lst, 1770. Though, friend Peter, letter-writing is not to me the most agreeable employment, yet I should think myself inexcusable if I did not, during your absence, send you at least a line, especially as I do not recollect that you have another correspondent here. As you breathe the country air, I suppose you have catched the coun try fondness for news; however, there is scarce any thing that transpires worth communicating. You have doubtless heard, ere this, that the matter of the non importation agreement has been agitated here, and that the num ber of subscribers against it greatly exceeded that in favor of it. Whether the non-importation agreement should still continue, is a question as doubtful and perplexed as it is important, and with respect to myself, I must candidly own rum liquet A sufferer by the non-importation agreement 'struck out to me what I beheve upon reflection, will appear a very just distinction, namely, that it is for the interest of the city in particular, but no PETEE TAN SCHAACK. 13 of the country in general, that we should import ; and it is upon this principle, making proper allowances for party spirit, that I account for a majority of subscriptions in the city. A suspension of commerce was first hinted in New-York as the only probable and adequate remedy for our grievances, and it was with us that the non-importation agreement first took place, and of consequence it greatly concerned our honor that we should be the first for opening an importation. I mention this merely as argu ment operating solely against us. The Philadelphians, I hear, (mere hearsay,) refuse to accede to our proposals, and are much displeased at our conduct. There is no account yet from Boston. I hope you found your family and friends in health, and that they remain so, especially Mrs. Van Schaack and the children. You will be pleased to present my compliments to her, and to your brother David and his lady. Be further pleased to mention me with the most profound respect to his honor Mr. Justice Van Schaack. I hope his honor is well, and most fervently pray that he may be long preserved from the dreadful evil of Circurario. You probably will see my brother Robert somewhere in your country. What I have to add is mere surplusage, and such (to speak lawyer-wise) as I am confident non viiiat chartam — namely that I am your sincere friend and very humble servant, Egbert Benson. In November, 1770, the lawyers in the city of New-York form ed an association called " The Moot," at which disputed points of law were formally debated, for their mutual improvement. In these discussions, which were conducted with great regularity and order, the subject of this sketch took a conspicuous part, and to him was intrusted the keeping of their records. Some of these are still pre served, and are matters of curious reference for a modern lawyer. The deliberations of the club were rendered highly useful by the regular attendance of the elder members of theibar, who par ticipated in the debates upon a footing of perfect equality with their juniors. And the names of those veteran lawyers, William Smith, Samuel Jones, John M. Sc.ott, Richard Morris, William Livingston, and Benjamin Kissam, (not to specify others,) need but be mention ed to proye that the^ debates in which they participated, eould not 14 THE LIFE OF have been barren of legal sagacity^ or of profound research into the hidden wisdom of the common law. Among the junior members wejfind the, names of John Jay, Egbert Benson, Robert R. Livingston, Jun., James Duane, Gouver neur Morris, and Peter Van Schaack.* The decisions made upon these debates acquired great author ity, and the law on several points in particular which had been thus discussed and decided, was considered as settled, by the bar generally, and " The Moot" almost acquired the authority of a court of the last resort. At an early period Mr. Van Schaack gave evident proof that he was destined to become a profound lawyer. His ideas of busi ness, and of the proper manner of doing it, were distinguished for precision and accuracy from the commencement of his professional career. In writing to a brother of the profession, he thus rebukes the carelessness of his friend. " Permit me to observe that the deed drawn in your office was rather slovenly copied, and by its many alterations afterwards looked rather out of the way. There was, besides, in several parts of it an fyc, which I cannot think proper, as it is merely nugatory, and cannot, I think, make the deed better than it would otherwise be. Excuse the freedom of these hints ; but we cannot be too attentive to matters of this kind. A lawyer's reputation, like a woman's, is often lost by one error." * ' But he was as willing to receive the suggestions, as to perform the office, of criticism. In writing to the same friend at another time, he says : " If any part of my letter is exceptionable, point it out. Nothing clears difficulties like candid reasoning. By colli sion of sentiment the truth is struck out, like fire from flint and steel." TO HENRY VAN SCHAACK. My dear Brother : As I intend going down to New-York on Tuesday, I hope you will return as you design on Monday. I left the Hallf last * The author is unable to give a complete list of the members of the Moot. t Johnson Hall. This letter is without date, but was evidently written very soon after Sir William Johnson's death; which took place' on the eleventh day of July, 1774, although accounts differ as to the precise time. PETER TAN SCHAACE. 15 evening, where every thing wears the face of sorrow for the irre parable loss of that great and good man, Sir William Johnson, — a loss at once to the public, and a numerous train of the indigent and unfortunate, who derived support from his unequalled benevo lence and generosity. My jaunt up to Johnstown has given me an opportunity of seeing so many instances of his goodness ; the settlement there compared with what it was a few years ago so abundantly shows his greatness of mind, and the extensiveness of his views, where a little world has as it were been formed by his hand, that I own I consider him as the greatest character of the age. I have several circumstances to tell you, which, though hot important in themselves, must be interesting to you, as they relate to a man, who, I hope, enjoys the fruit of those virtues which will grow more conspicuous, instead of being forgotten, by length of time. Yours affectionately, P. Van Sch&ack. In 1773, he was appointed to the important and responsible office of collecting and revising the statute laws of the colony of New-York. The execution of the work was intrusted to him solely, and it was performed in a manner highly creditable to his jpdgment and industry. At this time he was only twenty-six years old. His revision embraced the legislation of the colony from the year 1691 to 1773 inclusive, being a period of upwards of eighty years. The assiduity with which he applied himself to this work had an unfavorable effect upon his vision, and he was always of the opinion that it was a leading cause of his. subsequent blindness. " His edition of the colonial statutes (which was published in 1774) is still a necessary appendage to the libraries of our lawyers." Very soon after his admission to the bar his talents acquired for him a high position of respectability, and he took his stand in .. that bright constellation of professional talent and moral worth, which at this period was collected in the city of New- York, and constituted the bar of almost the whole colony. But, while he was thus laying a broad foundation for a noble structure of professional fame, his mind was disturbed and driven from the pursuit of that noble science which had so deeply enlisted his ambition, by the twofold causes of domestic affliction, and popular commotion. 16 THELIFEOF CHAPTER II. The news of the passage of the act of Parliament for the occlu sion of the port of Boston, reached New-York on the twelfth of May after its adoption. On the sixteenth of the same month, the merchants and other inhabitants of the city assembled at the Ex change, and nominated fifty persons as a committee " to correspond with their sister colonies upon all matters of moment." The list of gentlemen thus selected, was submitted to a more general meet ing, held on the nineteenth, by which it was approved, and one other gentleman was added to the number. Mr. Van Schaack was a member of this committee. TO PETER SILVESTER. New-York, 21 May, 1774. Dear Sir: As the present situation of Boston engrosses the attention of people in general, and you will no doubt be curious to know what measures are adopted here, I suppose it will not be unacceptable to you that I scribble a few lines upon that subject. People in town are somewhat divided in sentiments as to what steps it will be most expedient to take. A non-importation agreement has been mentioned, and some have even gone so far as to propose entirely to stop our exports to the West Indies : these measures are chiefly espoused by the mechanics. The merchants insist that we ought not precipitately to enter into either of these plans ; that a non-importation will draw down the vengeance of Great Britain upon us, and that will probably bring about the shutting up our own port ; that if we are deprived of our exports, we shall be ruined ; that our produce will lay upon hand, and many articles, particularly flaxseed, being of a perishable nature, will be a total loss upon those who cannot bear it ; that PETER VAN SCHAACK. 17 our tradesmen will be without employ, our merchants be incapable of making remittances, and, in short, all ranks and denominations of men be irreparably injured. It has been proposed that British debts should not be paid, but this, from the apparent injustice of it, is dropped. Some think, there should be a Congress of deputies from all the colonies, to consider of some general plan of measures. Upon the whole, it has been thought advisable to appoint a committee of fifty persons to consult upon the present state of affairs, to correspond with the neighboring colonies, &c. Nothing decisive has yet been done. The committee meet on Monday, but what will be resolved is yet unknown. It has been mentioned, that as the whole colony is interested in the measures to be pursued, it would be right that the different counties should, if they pleased, appoint committees to act in concert with the committee of this city. I could wish, therefore, that these hints might be dissemi nated through your county, that people may think upon the subject a little and give their opinions, if requisite, how far a non-exporta tion would be tolerable. As I have the honor of being of the committee, I should be glad to know people's sentiments. I send you two papers which came out to-day, which after perusal pray send, together with this letter, to my father, who may be inquisitive about our proceedings here ; Captain Van Alen will deliver them to you. Love to Jane. I am, dear sir, yours, P. V. Schaack. " This committee was the first body organized in the colony in opposition to the measures which resulted in the American Revo lution."* Mr. Van Schaack was appointed a member of most of the sub-committees, and, among others, of a committee to adopt measures "for the relief of the poor of the town of Boston," and of several sub-committees of correspondence in relation to the call ing of a general Congress. He continued to act with the commit tee until its dissolution in November. A letter will h.ere be introduced, written on the sixth of April, 1774, to the Assembly of New-York, by Edmund Burke, the agent * Life of John Jay, Vol. I. p. 24. 3 18 THELIFEOF of the colony in London, detailing the action of the two houses of Parliament with respect to the bills in relation to Boston and the Massaqhusetts Bay. So little of the correspondence of that great statesman with the colonial Assembly has been found, or is known to exist, that this document becomes interesting, and deserves to be placed in a condition for preservation.* " The subject was ample and serious. Lord North's speech on the first opening of the matter turned on the absolute necessity of doing something immediate and effectual ; for things were come to such a pass, by the evil disposition, the turbulent conduct, and the dark designs of many in the colonies, that the deliberation was no longer upon the degrees of freedom or restraint in which they were to be held, but whether they should be totally separated from their connection with, and dependence on, the parent country of Great Britain : and that, according to the part which gentlemen should take for or against the measure to be proposed, a judgment would be formed of their disposition to or against that connection and dependence. " This topic was strongly insisted upon, and stated in the same invidious light, by other persons in office, and in general by all those who declared themselves in favor of the ministerial pro ceedings. On the first day appointed for the consideration of the papers, Lord North spoke of the indispensable necessity of vigorous measures, but in a tone more languid and moderate than is usual in the expression of such ideas. The outline of what has since appeared, though faintly and imperfectly, was indeed chalked out from the beginning. "This air of languor, however, wore off in the progress of the business. The ministry seem to be better arranged than they appeared to be at first. Lord North has assumed a style of more authority, and more decision ; and the bill laying Boston under a commercial interdict during the King's pleasure, has been proposed * It is evidently a copy, barely omitting the formal commencement and conclusion. Its authenticity is established by the endorsement in Mr. Van Schaack's handwriting, " Mr. Burke to the Assembly of New- York." In the Appendix A, will be found another letter from Mr. Burke respecting the hearing at the Cockpit, upon the petition for the removal of Governor Hutch inson. PETER VAN SCHAACK. 19 and supported quite through with expressions of the utmost firm ness and resolution. " The House was not as much animated as I have seen it upon other occasions of a similar nature. It did, however, very readily concur in the proposition that was moved ; not so much from any predilection that I could observe to the particular measure which was adopted, as from a general notion that some act of power was become necessary, and that the hands of Government ought to be strengthened, by affording an entire credit to the opinions of Min istry in the choice of that act, as the best pledge of the future sup port the House was to give in the effectual execution of any coercive proceeding. " The popular current, both within doors and without, at present sets strongly against America. There were not indeed wantino- some few persons in the House of Commons, Who disapproved of the bill, and who expressed their disapprobation in the strongest and most explicit terms. But their arguments upon this point made so little impression, that it was not thought advisable to divide the House. Those who spoke in opposition did it more for the acquittal of their own honor, and discharge of their own consciences, by de livering their free sentiments on so critical an occasion, than for any sort of hope they entertained of bringing any considerable number to their opinion, or even of keeping in that opinion several of those who had formerly concurred in the same general line of policy with regard to the Colonies. " The gentlemen who spoke against the bill, rejected that state of the question by which it was invidiously presumed^ that those who opposed the bill were for giving up the constitutional superi ority of this country. That imputation will always be cast off with disdain by every good Englishman. Every good Englishman as such must be a friend to the Colonies, and all true friends to the Colonies (the only true friends they have had or ever can have in England) have laid, and will lay down the proper subordination of America, as a fundamental, incontrovertible maxim in the gov ernment of this empire. This idea, to which they tenaciously adhere in the full extent of the proposition, they are of opinion is nothing derogatory to the real essential rights of mankind, which 20 THELIFEOF tend to their peace and prosperity^ and without the enjoyment of which, no honest man can wish the dependence of one country upon another. Very unfortunately, in my poor thoughts, the advice of that sort of temperate men has been as little attended to on this K side of the Atlantic, and rather less on the other. This has brought on misunderstandings and heats, where nothing should exist, but that harmony and good correspondence, which ought naturally to arise from the entire agreement of their real interests. " I ought not to omit acquainting you with one circumstance, that happened a little before the third reading of the Boston bill. Mr. Bollan, agent for the council of the Massachusetts Bay, desired to be heard against it. His petition was not received by the House of Commons, on the idea that no agent could be authorized but by the act of the whole Provincial legislature. To what consequences this will lead, you are, gentlemen, to consider. "In the House of Peers, the business was carried on nearly in the same manner in which it passed through the House of Commons. The question for the second reading produced a long and interest ing debate, but for the same reasons which prevailed in the House of Commons, no division was attempted. " Several alterations have been proposed in the Charter Govern ment of Massachusetts Bay, but the plan of these alterations is not yet so distinctly settled, with regard either to their nature or extent, as yet to afford sufficient means of forming any judgment concern ing them. I do not find that the Ministers intend any thing further relative to America this session. " Such is, as well as I am able to discern it, the temper of Par liament and of the nation, at this moment, which I thought it my duty to lay before you, without heightening and without palliation ; nobody can long more earnestly than I do, to see an end put to these unfortunate differences. " I had some conversation a few days ago with Mr. Pownall, on the subject of the New Hampshire settlers : he is of opinion, that nothing can tend to the speedy and happy adjustment of that troublesome matter so much, as to settle it by a commission com posed of impartial persons nominated by act of Assembly, among which he thinks it would be proper to have some of the most em- PETER VAN SCHAACK. 21 inent of the judges and crown lawyers ; and that if an act for that purpose were framed agreeably to the general instructions, it would receive countenance here. " I have the honor to be, with all possible regard and esteem, gentlemen, " Your most obedient." TO JOHN JAY* New-York, 12th October, 1774. Dear Sir : I should have gratified your curiosity respecting the meetings in the Fields immediately after I received your letter, but was then prevented, and have been so, till you must have heard the particu lars through a variety of channels. In short, they vanquished in smoke, at least as to the subject which occasioned them, though they produced several quarrels, in which young Sidney was led to send challenges to Sears and Vandervoort, both of whom declined the perils of cold iron. The General, however, to wipe off the aspersion of cowardice, wantonly forced himself into a dispute with a sturdy Hibernian captain, who gave him a very severe drubbing. I did hear of a meeting at Rye, where some resolves were passed expressive of a spirit of loyaJty and moderation ; however, as I have not seen them, I do not know that they in any manner recognized the authority of the British Parliament. Capt. McDougal, upon his arrival from Philadelphia, alarmed the good people here much, by the report of a probability that the Congress will adopt an agreement of non- exportation of flaxseed. By the pointed questions which were put to him by several of the members, he says he is pretty sure such a measure will take place. V The utility of such a measure is here greatly questioned, or rather flatly denied. Mr. McD. also reports that Mr. Mifflin, one of the Penn sylvania delegates, informed him that a non-importation was already agreed upon, and that no goods would be suffered to be landed after the 1st December. The transports, with the troops, except the one that is to carry the General, are already sailed out of the harbor. We hear from Boston that the Provincial Congress at Concord * Attending the Continental Congress at Philadelphia. 22 THELIFEOF were to choose a Governor, and that Mr. Hancock was one of three candidates for that office. How true this is, I know not. I would send you some little squibs for your amusement, but that they are not worth the postage. "I am, dear sir, your friend, ' And most humble servant, Peter Van Schaack. ' Before introducing to the reader the correspondence which fol lows, and which throws light upon his political sentiments at this interesting period, it will be proper to observe, that Henry Cruger, Junior, was the brother-in-law of Mr. Van Schaack, who had mar ried Mr. Cruger's sister. He was an American by birth, and his connections resided in America. His sympathies were with the ..colonies, as were those of the inhabitants of Bristol, where he resided and was engaged in mercantile business, and between which city and the American colonies an extensive andadvan-i tageous commerce had been carried on, which was interrupted by', the public troubles. In 1774, Mr. Cruger was elected to repre-' sent the city of Bristol in the English House of Commons. He was ' the colleague in that body of Edmund Burke, who was chosen a representative for Bristol at the same time. His political principles brought him into intimacy, also, with Charles James Fox, and he was one of that "illustrious band of the champions of freedom^ who espoused. the American cause in the British Parliament* Mr. John Vardill was a member of King's College at the same time with Mr. Van Schaack, and they were intimate friends. He was educated for the ministry, and about the first of January, 1774, he embarked at New-York for England, for the purpose of taking orders. On the death of Dr. Ogilvie, in that year, Mr. Vardill was appointed his successor iii the church at New-York. He did not, however, return from England. It is believed that he received some employment from government. It is certain that he had access to ministers, and that some of Mr. Van Schaack's letters to » him, deprecating the measures of ministers, were shown to them. * Mr. Cruger was twice re-elected to Parliament, and he was afterwards chosen Mayor^ of Bristol. Some years after the peace, he removed to New- York, where he resided until his decease a few years since. PETER VAN SCHAACK. 23 Unfortunately, the author has not been able to recover the letters written by Mr. Van Schaack to Mr. Cruger while the latter was a member of Parliament, but the rough drafts of some of his letters to Mr. Vardill were found among his papers. * TO JOHN VARDILL. New-York, Feb. 19th, 1774. Dear Sir: My engagements to an absent friend always carry with them an indispensable obligation, and which in the present case can be exceeded only by the pleasure arising from the performance. Near two months have elapsed since you sailed, and yet not a single opportunity has offered, the packet excepted, to enable me to give you a specimen of my punctuality as a correspondent. The ship, however, which I intend shall carry this letter, has nearly com pleted her cargo, and I now begin a letter, which I shall keep open for future occurrences till she sails. Disposed as I am to contribute my mite towards answering your expectations of utility from a correspondence with your friends, in this quarter, I should most readily have entered upon those political topics you recommended " to me, and which we apprehended, before your departure, would have become im portant from the measures of the colonies. But nothing of mo ment has happened respecting the tea, since the exploit of our eastern brethren. In Carolina, indeed, it has been sold, upon a seizure for want of a regular entry at the custom-house, within the limited time. Here, this has long almost ceased to be a subject of conversation — the ship not being arrived, nor expected. It is said, however, that if she does come, she is immediately to return. We are anxious to hear in what light government, at home, will take up our proceedings, especially those of the Bostonians. The. opposition of the colonies is growing so powerful with their increasing strength, that I believe the Parliament will begin to think conciliatory methods the most eligible. The benefits arising from our commerce is all Great Britain ought to expect. By grasping at more, they will probably lose all. The absurdity of uniting the idea of a right in the Americans to the liberties of Englishmen, with that of a subordination to the British Parliament, 24 THELIFEOF is every day growing more evident. This is a solecism. Claims so incompatible cannot be reconciled ; on one side or other they must be false. God forbid the major vis should be necessary to decide the contest. Equally invidious will be considered any exertions of the pre rogative towards the people of America, which would be deemed unconstitutional at home. It is upon this principle, that all the Assemblies on the continent have, by spirited resolutions, declared against the legality of the commission lately executed at Rhode Island — a commission founded upon maxims indeed subversive of those rights which are not to be controverted, and upon the perver sion of a most excellent statute. In Philadelphia, they have lately attacked the powers of the Court of Vice Admiralty established there. Their objections to this tribunal arise chiefly from these circumstances : 1. That the judge's salary is derived, in the first instance, from the penalties and forfeitures accruing from the condemnations in the courts of vice admiralty, and, among the rest, in that in which himself pre sides. 2. That it gives him cognizance of crimes which ought to be tried by a jury, agreeable to the statute of Henry Eighth. 3, That it gives him jurisdiction on civil contracts, which do not properly belong to this court, which the common law, they say, has always beheld with an eye of jealousy. In North Carolina, a spirit of discontent is again prevailing in the Assembly. From the Governor's speech to them, it appears that they have called in question the legality of a court which he had constituted for the trial of some criminals, and upon that prin ciple, it seems they have refused making provision for the expense attending it. This is a most extraordinary procedure indeed, if it be rightly represented. If the constituting courts for the dispensa tion of justice according to law, which excludes the idea of a power to erect tribunals with new and unusual jurisdictions, belong not to the prerogative, I do not know what does. I must refer you to the papers for the particulars of this, and other matters vour curiosity will make interesting to you. I shall concert a plan with Mr. Laight to furnish you with all the papers if it be not already done. Thus have I given you a little sketch of the most important transactions on the continent, as they have been communicated to us PETER VAN SCHAACK. 25 through the channels of the newspapers ; so far as they respect the grand controversy with the country you are now in. I shall only add, that here all is peace and tranquillity — the most perfect har mony between the different branches of the legislature. I own, when I compare the conduct of this colony with that of its neigh bors, I cannot but determine much in favor of it. It is true we have some folks, who, in the extravagance of liberty, have proved exceptions to this observation; but the prevailing, characterizing temper of the generality of the people here, is, I think, a spirit of liberty untainted with licentiousness, and a subordination to govern ment free from an abject submission to arbitrary power. Would the spirit of our neighbors could entirely be assimilated ! Upon the whole, you will observe that new sources of contro versy are opening every day, and the people of this country seem determined to lop off every excrescence from the body politic. Happy if they can stop at the true point, and in order to obtain the fruit, if, like the savages of Louisiana, according to Montes quieu, they do not cut down the tree. The College-club goes on but heavily. Your worthy friend Laight will inform you of the particulars. And now how do you do ; what passage had you ; what parts of England have you seen 1 Have you received your ordination as yet 1 Have you preached 1 What stay do you make 1 Be minute in your letter on these topics, or any others you like — on my punc tuality you may depend. Be not afraid of egotisms, for every thing which concerns you, will be interesting to your friends, and to none more than to, dear sir, TO PETER VAN SCHAACK. London, April 5th, 1774. My dear Sir : A longer delay of writing to you I would account ungrateful in myself. The friendship you always showed me at New- York, and the civilities I met with at Bristol, by means of the kind letters of Mr. Cruger, lay me under obligations which shall never be for gotten. I shall rejoice at an opportunity of testifying this gratitude by proper returns. An exact narrative of my adventures, a description of this 4 26 THELIFEOF metropolis, the manners of its inhabitants, &c, would in a great measure be uninteresting,, and is a task which I cannot command, at present, any time to execute. The hospitality of the gentlemen here has exceeded my highest expectations, and the easy access to, and courtesy of, men of eminence and literature, render London very agreeable. Objects capable of improving the mind, and gratifying its curiosity, meet you at every step. The numerous societies for dis putation, for the cultivation of the arts and sciences, and for politi cal and religious purposes, furnish an unending variety of amuse ments, and constant sources of instruction. The free association of persons of all orders at clubs, and the numerous coffee-houses, and the openness and familiarity which prevail, give a contemplative mind every hour some new matter for its advantage. Personages of the greatest importance affect not that distance and magisterial reserve, which is so common among those who can only preserve their dignity by the mysterious appendages of greatness. Your friend last week was admitted to the rank of Priest, and hopes that his humble and zealous labors for the benefit of mankind, will render him not unworthy of his office. The politics of the day you will learn from the papers. Ad ministration is determined to seize the present opportunity while the nation and its neighbors are in tranquillity, to fix the relation of America to the Mother country, and to adopt some measures which may have a full and permanent tendency to confirm the dependence of the colonies. You may be assured, whatever the papers may say, that persons of all parties in government, or who have any influence on its movements, are universally disposed to co-operate in settling the dispute on a firm foundation, and in maintaining the supremacy of Parliament. Such is the spirit of the nation, that an opposition to your claims is necessary to acquire popularity. Should the people of Boston make a forcible resistance to the late Bill, you may depend on it, that the whole strength of England, if ne cessary, will be exercised to punish them. What are the measures which are intended for the furtherance of the subordination of the colonies in general, have not yet transpired. This only is certain, that every government will be modelled after the form of that of New-York. The Parliament will meet next week, and it will then be de- PETER VAN SCHAACK. 27 termined whether you are to send representatives from your several colonies, to be governed in the manner of Ireland, or what, perhaps themselves yet know not. Your many instances of friendship convince me that I may expect from you all that advice and assistance which may be useful in my affairs. May I then- entreat you to write me a state of the affairs of America, the temper of its inhabitants, what alterations and improvements in the civil policy of the province you may judge useful, and what plan of measures you conceive would please the Americans, and remove future contentions. I desire, with the utmost sincerity and warmth, to acknowledge my obligations to Mr. Cruger and his respectable family, and am Your unfeigned friend, John Vardlll. P. S. Write me largely, speedily, and often, and you will find me not remiss in cultivating so pleasing a correspondence. TO REV. JOHN VARDILL. New-York, May 13th, 1774. My dear Sir : Yesterday your long wished for letter was delivered me by Captain Coupar, who had a remarkably short passage of twenty- seven days from London. Nothing can be more agreeable than those sentiments of friendship you express for me ; and my esteem for you is so far from abating by absence, that I feel it every day increasing. I should have gladly received from your descriptive pen, a par ticular narrative of your adventures; but this, considering your numerous correspondents in this quarter, is more than I have a right to expect. I promised myself, however, many agreeable hours' entertainment upon this subject, on your return. Imperfect as my ideas are of the great metropolis you are in, I frequently indulge my fancy, and in imagination accompany you in some of the various scenes, whether of amusement or instruction, to which you have such ready access. That great variety of objects calcu lated to gratify the mind in every disposition of it, whether grave 28 THE LIFE OF or gay, serious or ludicrous, whether of improvement or relaxation, I can just form ideas of sufficient to make me lament their being out of my reach. The measures of government, so strongly indicating a determi nation to establish the supremacy of Parliament over these colonies, are truly alarming. When claims are so inconsistent, indeed, it would be chimerical to expect a decision of them upon the princi ples of reason merely. An appeal to the sword I am afraid is inevitable, but palliating measures might have kept it off for a long time. The mutual interests of both should have restrained either from hastening the crisis, but I am afraid the die is cast. Divis permittitur, ccetera ! We have no account of General Gage's being as yet arrived in Boston, nor is it possible to form a conjecture what reception he will meet with when he comes. On an event so singular and so momentous, people have hardly recovered from their admiration ; the temper of mind which will succeed it, cannot be guessed at with any tolerable degree of probability. As to any measures which would please the Americans, I own I never yet heard such pointed out, to which the approbation of the mother country could be expected. An absolute exemption from Parliamentary taxation in every case whatever, is what the colonies will never recede from. Indeed, if that is not their right, they do not enjoy the privileges of British subjects. That it is their right, is a concession we cannot expect from England, until necessity shall compel them to it. We are anxious to hear the ultimate resolutions of the cabinet respecting the colonies. That they should all be modelled, in their form of government, after that of New-York, would be a desirable, measure, if means to effect it could be fallen upon, unexceptionable in their nature. An American representation in Parliament, is a plan which will never be agreed to. In all the resolutions of our Assemblies, and of every association of the people, they have held up the idea of the absurdity of such a measure, from our local situa tion. Indeed, such a representation would be but a sound. An officer in the nature of a viceroy, a parliament composed of dele gates from the different colonies, a council with hereditary honors, have been mentioned as the .only expedient of forming a regular PETER VAN SCHAACK. 29 plan of government for, and of settling a lasting basis of mutual friendship. To this American Parliament it is proposed that requisitions should be made, and by them the different quotas and proportions of the general expense ascertained, and these to be raised by the Provincial Assembly of each colony. Perhaps such a scheme is capable of improvement, but it is feared that jealousies would be entertained of an officer clothed with such vast powers, and at such a distance from the capital of the empire. Procul a Jove, procul a Fulmine. I shall not make any apology for this long letter, though I am sensible1 that a mere relation of facts would have been more useful than those undigested sentiments I have ventured to throw out. But, remember, you desired me to write long letters, and who can be expected' to say any thing new to you, whose means of informa tion have been so extensive and so Well improved, and whose tal ents are sufficient to comprehend almost every subject as it were intuitively 1 I heartily congratulate you, on your initiation into holy orders. Retain your virtue and goodness of heart, my friend, and fear not but you will be a valuable member of society. Never were great abilities and an exemplary life in the clergy more necessary than at present. Irreligion and deism are gaining ground here to a great degree, and I cannot help anticipating the pleasure I shall receive, from seeing the cause of Christianity supported by so able an advocate as my friend Vardill. TO PETER VAN SCHAACK. London, July 22d, 1774. Dear Sir : I have just time to take up my pen, and acknowledge the receipt of your letter of the eleventh of June, by Mr. Savage. I had been some days in town from Oxford before I saw that gentle man ; but hearing he had inquired for me, I waited on him at his lodgings, and afterwards received your letter from him at the New- York Coffee-house. I have taken the liberty of communicating your sentiments on American affairs to his Lordship, by reading one of your letters- to 30 THELIFEOF him. He approved its good sense, and some of the opinions, but denied the truth of one of your propositions,— that Americans, if taxed without repres entation, enjoyed not the privileges of English men, and were in a state of slavery. I did not presume to contra dict him directly, but offered such arguments as I said would be generally made use of in America. I wish, my dear friend, you would exert your latent powers, and give me a detail of the state of America, what terms would pacify their opposition, what alter ations in their internal policy would be of advantage, and your reflections on any collateral subjects. It may be of advantage to you, by being a proof of your knowledge of American affairs. You may be assured, I will employ any thing Of that sort to your highest advantage, and hope, even when I return to New-York, to have established such a correspondence here, as will be of advan tage to my friends. I am sorry that the shortness and disorder of my letters may give you just cause to suspect me of having forgotten my promise of correspondence. My future exactness and attention to you shall, I flatter myself, free me from this imputation, and render me some way deserving of your useful and entertaining letters. If you can propose any thing for your advantage, in which it may lie in my power to benefit you, with freedom communicate it, and you shall find no person more faithful to your interests. I am sorry that, though I have a thousand things to say to you, I must so soon conclude this letter, with an assurance of my being Your hearty and zealous friend, John Vardill. from henry cruger, junior. London, 6th Dec'r, 1774. My dear Kinsman: Here I am attending my duty in Parliament. Brickdale has preferred his petition against Burke and me. The consideration of it is deferred till after Christmas. The King's speech, you will perceive, is flaming. The address to it is made by the same fabricator. If I had time, I would say more on both, having no doubt nor apprehensions that you would publish my letter. I shall not oppose government for the sake PETER VAN SCHAACK. 31 of opposition, but will join Lord North whenever I think him right. Vardill I met by mere accident in the street; he breakfasted with me, and is exceeding clever, but must, will be ministerial. His abilities are found out : sub rosa — my opinion is, you'll never see him in America again — verbum sat. He showed me your last letter to him. I much admire some of the sentiments in it, and shall let them off in, the House. You may rely upon it, I will connect myself with none of the violent parties, but endeavor to temper my fire with prudence. I go into the House with a good character, except in the opinion of Lord North, whom somebody, no friend of mine, has made believe I am all gunpowder. Before the month is out, he and the whole House shall be undeceived, if a moderate and a modest speech can effect it. I am not very well, and unfortunately hurried more than ever I was in my life. Law yers, members, petitioners, evidences, &c. &c. &c, drive me almost mad. My love to my dear Bess, and to Harry and Cornelius, and all friends, great and small, young and old. I wish it may ever be in my power to convince you, by some most essential service, how sincerely and affectionately I am, my dear sir, Your faithful and most obedient humble servant, Hen. Cruger. The author is unable to place before the reader the particular letter from Mr. Van Schaack to Mr. Vardill, the sentiments of which Mr. Cruger promised " to let off in the House." It was no doubt distinguished for that dignified moderation which character- terized his opinions and writings. The following speech delivered by Mr. Cruger, ten days after the date of his letter, (and it was his maiden speech in Parliament,) leaves us to infer what those senti ments were : "I rise, sir, to say a few words on this important subject, with all the diffidence and awe which must strike the mind on a first attempt to speak before so august an assembly. Had I remained silent on this occasion, I must have condemned myself for seeming to desert a cause which I think it my duty to espouse. I cannot 32 THELIFEOF but be hdard with candor by Englishmen, when what I offer is dic tated by a love to my country. " I am far from approving all the proceedings in America. Many of their measures have been a dishonor to their caused Their rights might have been asserted without violence, and then* claims stated with temper as well as firmness. But permit me to say, sir, that if they have erred, it may be considered as a failing of human nature. A people animated with a love of liberty, and alarmed with apprehensions of its being in danger, will unavoidably run into excesses ; the history of mankind -declares it in every page; and Britons ought to view with an eye of tenderness acts of impru dence to which their fellow-subjects in America may have been hurried, not, as has been unkindly said, by a rebellious spirit, hut by that generous spirit of freedom, which has often led their own ancestors into indiscretions. " Acts of severity are far from having a tendency to eradicate jealousies; on the contrary, they must produce new fears, and endanger that attachment and obedience which kindness and gen tleness might have insured. " No country has been more happy in its colonies than Great Britain. Cemented by mutual interests, (till the era of the fatal stamp act,) they flourished in an intercourse of amity, protection and obedience, supporting and supported by each other. Before that hated period, we meet with no instances of disobedience to your laws, no denial of the jurisdiction of Parliament, no marks of jealousy and discontent. They ever loved liberty ; their zeal for it is coeval with their first emigration to America. They were per secuted for it in this country; they sought a sanctuary in the unexplored regions of that. They cleared their inhospitable wilds, cultivated their lands, and poured the wealth which they derived from agriculture and commerce, into the bosom of the mother country. " You protected them in their infant state, and they returned it, by confining to you the benefits of their trade. You regulated their commerce for the advantage of this country, and they never discovered an opposition, either to the authority or the exercise of it. Are these evidences of a spirit of disaffection to Great Britain, or ingratitude for its protection 1 Are they not rather proofs, that PETER VAN SCHAACK. 33 if the same line of mild and lenient government had been pur sued, the same cordiality and submission would have been con tinued. " Every American who loves his country, must wish the pros perity of Great Britain, and that their union may ever subsist unin terrupted. If the parental trunk is injured, the branches must suf fer with it. A subordination on the part of the colonies, is essential to this union. I acknowledge, sir, that there must exist a power somewhere to superintend and regulate the movements of the whole, for the attainment and preservation of our common happi ness : this supreme power can be justly and adequately exercised only by the legislature of Great Britain. In this doctrine the co lonies tacitly acquiesced, and were happy. England enjoyed by it all the advantages of an exclusive trade. Why, then, strain this authority so much as to render a submission to it impossible, without a surrender of those liberties which are most valuable in civil society, and were ever acknowledged the birthright of Eng lishmen. When Great Britain derives from her colonies the most ample supplies of wealth by her commerce, is it not absurd to close up those channels, for the sake of a claim of imposing taxes, which, (though a young member,) I will dare to say, never have, and;probably never will defray the expense of collecting them 1 " The expediency of coercive measures is much insisted on by some, who, I am sorry to say, seem to consider more the distress into which they will involve the Americans, than the benefits they can procure from such vindictive conduct to this country. Hu manity, however, will prompt the generous mind to weep over severities, though they may be even necessary ; and a prudent statesman will reflect, that the colonies cannot suffer without in jury to Great Britain. They are your customers ; they consume your manufactures ; — by distressing them, if you do not drive them to foreign markets, you will most assuredly disable them from taking your commodities, and from making you returns for what they have taken. "Should coercive measures reduce them to an acknowledg ment of the equity of Parliamentary taxation, what are the advan tages which will result from it 1 Can it be thought that the Amer icans will be dragooned into a conviction of this right 1 Will 5 34 THELIFEOF severities increase their affection, and make them more desirous of a connection with, and dependence on Great Britain 1 " Is it not, on the contrary, reasonable to conclude, that the effect will be an increase of jealousy and discontent ; that they ' will seek all occasions of evading laws imposed on them by vio lence ; that they will be restless under the yoke, and think them selves happy under an opportunity of flying to the protection of any other power, from the subjection of a mother, whom they con sider cruel and vindictive ? , " I would not be understood, sir, to deny the good intentions of administration. The abilities of the minister, it seems, are uni versally acknowledged; but I must add, humanum est errare. Though an American, I applaud his jealousy for the dignity of Parliament, and think the impolicy and inexpediency of the late measures may reasonably be imputed to the difficulty of the occa sion, and the unsettled and undefined nature of the dependence of the colonies on the mother country ; and, vice versa, candor must admit the same apology for the violences and mistakes of America. " But, since these measures have been found, by sad experi ence, totally inadequate ; since they have widened the breach, in stead of closing it ; diminished the obedience of the colonies, in stead of confirming it ; increased the turbulence and opposition, instead of allaying them ; it may be hoped, that a different plan of conduct may be pursued, and some firm and liberal constitution adopted by the wisdom of this House, which may secure the colo nists in their liberties, while it maintains the just supremacy of Parliament." Thus the sentiments of Peter Van Schaack, in opposition to those obnoxious measures which led to the American revolution, had an utterance, at this early period, through his friend Mr. Cru ger, in the British House of Commons. There is a studied moderation in the language of this speech* which was in a great measure affected by Mr. Cruger, from a de sire to produce the greater effect, and to procure a relaxation of # Mr. Cruger's letters show him to have been a man of ardent tempera ment, and of lofty patriotism, (as those who were acquainted with him knew him to be.) Some of the speeches delivered by him subsequently were highly animated and eloquent. See Appendix, B. I I I PETERVANSCHAACK. 35 the severe measures against the colonies. It was delivered, how ever, in a most impressive and eloquent manner, as appears by the following graphic description, contained in a letter written by Mr. Vardill, from London, to Mr. Van Schaack. " Mr. Cruger's fame has, I suppose, by this time reached his native shore. His applause has been universally sounded in this country. Administration applaud him for his moderation and generosity ; opposition for the just line he has drawn, and all men for his modesty and graceful delivery. His enemies are silenced (for even he has his enemies) by the strongest confutation of their charges against him, of illiberal invective against the people of England ; — by his manly defence of his country, and honorable approbation of its opponents, wherever he thought them justifiable. "I was in the House on the debate. It was remarkably crowded with members, and the galleries were filled with peers, and persons of distinction. When Mr. C. rose, there was a sol emn silence. He faltered a little at first, but as he proceeded, the cry of ' Hear him,' ' Hear him,' animated him with resolution. Flood, the Irish orator, sat behind me : he asked, ' Who is that? who is that 1— a young speaker — whosoever he is he speaks more eloquently than any man I have yet heard in the house.' I took great pains to learn people's sentiments, and found them all in his favor. Mr. Garrick, a few days after, in a dispute on the subject, said, ' he never saw human nature more amiably displayed, than in the modest address, pathos of affection for his country, and graceful gesture, discovered by Mr. Cruger in his speech.' I am thus particular, because you must be curious to know what recep tion the first American member met with, in the most august as sembly in Europe. My heart beat high with anxiety. I trem bled when he rose, with the most awful and affecting jealousy for the honor of my country. When ' Hear him,' ' Hear him,5 echoed through the House, joy rushed through every vein, and I seemed to glory in being a New-Yorker." FROM HENRY CRUGER, JUNIOR. London, 3d May, 1775. My dear Sir : I lately had the pleasure of writing you a long letter, in which 36 THELIFEOF I owned the receipt of yours of 1st, 14th, and 18th February. The last packet favored me with another obliging testimony of /your remembrance and-regard. Continue, my dear kinsman, con tinue writing to me ; though hurry in business will not permit me to do so fully, and frequently to you. Your early advices maybe of great importance and benefit to us both : mine to you can be of but little consequence to -either. It will be no difficulty for Vardill and me unitedly to get for you the reversion in the admiralty. Be ' sure to send us the first accounts of its vacancy ; at present, our minds are so big with the mighty expectation of approaching events, we can talk of nothing else ; our faculties seem benumbed alternately by hope and fear. You shall not be neglected. The opposition in the House of Commons flatter themselves that the confusion in your country will overthrow the ministry in this. But, my Peter ! you and my countrymen may believe me, let them come in when they will, they must adopt, and they know it, nearly the same measures with America that have been pursued by the present administration, or they cannot hold their places a single session. To get in is what we all want, and patriots in one station are great tyrants in another. America has long been made a cat's paw ; on the ground of their calamity, we fight our ambitious quarrels. And, let who will gain the victory, whether the ins or the outs, New-York will not be sixpence the gainer. These are recent discoveries, which nothing but experience could afford me. f> Of politics, I hate any longer to write ; we all wish the Amer ican disputes were amicably terminated. No minister would ever touch you again : they ardently wish to be out of this scrape ; hut will with fire and sword go through with it. The people here think the Americans (especially the Congress) have treated Eng land with much indignity, and ill usage; it makes them angry. My health is but so so. I long to get into the country, but my Bristol friends entreat me not to quit the ground till Parliament is prorogued,; ergo there are but scanty hopes of our meeting in New- York this summer. All through the winter, I have been gloriously worked— and often ill— now and then wished to make my exit for the glory of having inscribed on my tomb—" dulce et decorum est, pro patriq mori." - PETER VAN SCHAACK. 37 Love to my dear Betsey, and the little ones, Compliments to your worthy family and all friends. I remain, with much sincere regard, dear sir, f Your affectionate H. Cruger. TO COL. JOHN MAUNSELL. New-York, 1th May, 1775. My dear Sir : Since you sailed, nothing material has happened here, except the arrival of the delegates from the eastward, on their way to Philadelphia. High honors were paid to them, on their entrance, and during their stay here. They have represented the unhappy affair in the Massachusetts, in a way most unfavorable to the king's army, charging the soldiery with the most unexampled cruelties. In a letter from Gen. Gage to the Lieut. Governor, a representation totally opposite to it is given. Prudence restr?& i one from giving any opinion on the fact, but the melancholy coi )quences are but too obvious. In my apprehension, the whole dispute between the mother coun try and us is now reducible to two points. From the favorable declarations which, it is said, have been lately received from Lord Dartmouth, a nobleman who has the character of possessing many valuable qualities, it seems evident that the article of Parliamentary taxation is intended to be given up. The only question is, shall it be necessary for the colonies previously to stipulate for a specific sum disposable by Parliament, either towards an alleviation of the national debt or the general contingent expense of the empire, or shall this be left at large, upon the assurance of the colonies of their readiness to make adequate supplies, upon emergencies occa sionally, and pro re nata 1 This is the first ground of dispute ; the second is, the acts relating to the Massachusetts Bay. Permit me to give you the following unconnected thoughts on this subject. The article of right is almost out of the question, it turns altogether upon general expedience, and policy ; for refined principles of government, applied to a case so peculiar, can have very little weight, when there is no common umpire to appeal to, when those who are to judge on both sides are parties, and when 33 THELIFEOF those parties are also the multitude. The opinion of the colonies is fixed. There are respectable individuals who think we ought to stipulate for a perpetual revenue, but the general current is the other way— and I think the better opinion is, that when the colo nies are restored to their wonted good humor, they will occasionally contribute more largely than they would now (should they he compelled) stipulate for. It appears to me, therefore, that this unhappy contest, so serious in its consequences, is maintained upon no better ground than a mere chimera, — vox et preeterea nihil. With respect to the Massachusetts Bay : theirs is considered as a common cause, and therefore no peace can be established, till the acts relative to them are repealed ; unless Parliament would hold out such a constitution for the colonies as they should in gen eral think proper to adopt, and then, although it should fall short of some of their old charter privileges, a restoration of them would perhaps not be insisted on. Upon the whole, there are doubtless errors on both sides ; but a wise government will disarm itself of resentment and recrimination. A conflict between the different members of the same body politic, is too serious to be upheld for the sake of a punctilio. What good consequences will arise to the mother country even should her arms prove successful 1 what mise ries may follow the want of success on the part of Great Britain in this contest, and what are the degrees of probability in favor of either event 1 are questions which require very serious considera tion. If on this side of the Atlantic, we do not sufficiently weigh them, let not administration pursue the same error. My mind is distressed with the gloomy prospect of my country, Such a spirit of anarchy and disregard of the powers of government may prevail, as may prevent us from soon returning to the old channel, and that affection which is the bond of our common union with the mother country, may perhaps forever be destroyed. I forbear pursuing this subject, but till the stamp act, we knew not what a contempt of government, or the appearance of a want of attachment to the parent state, was. That certainly was a meri torious opposition, and if the present heats are condemned, let it be remembered, that the petitions of the colonies to Parliament since that period have been treated in a manner which they think affords no hope from such a constitutional mode of application for redress. PETER VAN SCHAACK. 39 The Congress will meet under the influence of a warm resent ment, for the severities committed against their brethren in the east ern colonies; what line of conduct they will pursue, is not conjectured upon any rational foundation ; but whatever they recommend, will have the force of more than law. You will see the reception which has been given to the resolu tion of the House of Commons of the 20th February, by the General Assembly of Pennsylvania. To be plain, people suspect there is some latent mischief in every thing proposed by adminis tration. Timeo Banaos et donaferentes. In the present case, all is submitted to the Congress. The tide of popularity runs strong against the proceedings of our house of Assembly, for their singularity. I flatter myself, however, they will be productive of good as they have pursued exactly the mode in which ministry declared they would treat with us. Should their petitions be disregarded at home, the popu lar censure will be increased. But, whatever benefits arise from them, will, I hope, be general ; for we cannot, people will not, receive partial favors in this time of general calamity. Our Assembly, I am confident, had no such aim, and they generously meant, by their proceedings, to subserve the common cause. FROM COL. JOHN MAUNSELL. London, 5th July, 1775. Many thanks, dear sir, for your friendly and very sensible letter of the 7th May. It contained the language of a real patriot, and a friend of both countries. So much pleased was I with it, that I laid it before several great personages here, who, while they admired your style, and your feelings, seemed to reprobate your doctrine. The language, my friend, of a Cicero, can neither alter the measures adopted by government, at this critical time, nor the fixed opinions of the many, on the supremacy of this country over its external dominions, which it has so long uncontrovertedly exer cised. Amongst those with whom I conversed, I never discovered the least idea of either enslaving the colonies, or wishing to see the colonists in a worse state than the subjects of the crown residing in this Island. 40 THELIFEOF You will naturally expect that I should say something of the intentions of Great Britain on the present unhappy dispute ; to be honest, I know not what is the plan of operations relative to America; but this I can assure, that the voice of the multitude is for spirited measures. Before my arrival, the troops had sailed for their destination, the Parliament prorogued, addressing his Majesty, (before their departure,) by their speaker, in a very warm and spirited manner, on the American topic. You must know that the ministers are but the executive powers of the national senate ; any retrograde step on their part would be destructive to them ; they must follow the dictates of Parliament. Under this circumstance, what can a few men do 1 The union and operation of the colonists, are well known here, from your public prints, and are authenticated from various incidents. Any report now on American affairs, is of little avail. The die is cast. Such unhappy accounts daily arrive from your side the Atlantic, as really injure the colonists, in the eyes of even moderate men. The midnight attack on Dr. Cooper is laid before the public in highly finished colors; — Rivington's, in the same manner;* and the necessary flight of Chandler, Cook, Kerney and others, compose part of the catalogue ; painful stories to relate, when con trasted with the freedom of speech in this kingdom. The advocates for America here, speak their mind without fear — even collections are made for a people fighting against their sons. It is a duty I owe the country I have voluntarily chosen for my residence, to relate freely what I hear every day that nearly con cerns it. What I relate to you, depend on it, is what I hear. I shall naught extenuate. Happy had it been for both countries, if undisguised truths had been told on both sides the Atlantic. On this side, there are a set of men who do not oppose government on any principle, and would deluge both countries in blood, for the purpose of gratifying their private purposes. How painful is it to a benevolent heart, to find a generous people impelled on by false reports. It is confidently said, that a native of New-York, who * For an account of the assault on Rivington's printing office, see Sparks' Life of Gouverneur Morris, Vol. I. p. 66. PETER VAN SCHAACK. 41 has resided in this city some time past, made it his business to pick up paragraphs of letters from New- York, and, mutilating them, sent them back, to serve the purpose of local politics, and injure the reputation of respectable men. Shameful office ! We see, in a Connecticut paper, General Gage's letter to Gov ernor Trumbull — a fair opening to settle the present dispute by negotiation. I understand it is lost — unhappy event. Why will not the friends to humanity, and lovers of their country, exert themselves, in the noble work of healing the wound by palliatives before it becomes incurable. Depend on it, though the die is cast in regard to the destination of the troops, Britain will with open arms receive the Americans, on equal and friendly ground. She will not be outdone in generosity. Generous terms will be granted, when demanded constitutionally. The worn out story of petitions being neglected, has produced the unhappy alternative of force. Let the Congress, on the part of the people, try the effect of a dutiful petition. I wish not to see America lose a particle of its right, but I wish to see that right supported with temper, and, you may depend on it, they will have every thing their sovereign can give, consis tent with his dignity and the constitution. When this unnatural dispute is ended, (for it must have an end,) if the day is protracted and unhappy consequences attend it, the first cause of quarrel will be entirely forgotten on both sides, and peace restored ade quate to the success of the victorious. Before that season is lost, let not the original demand be put into so precarious a situation. The event of war is uncertain. I will give the inhabitants of Massachusetts Bay credit for every advantage they possess, as to bravery, &c, &c. Should brave men be lost, when what they contend for can be obtained otherwise, and when affection can be preserved betweeen the parent and her children 1 The conciliatory resolution of Lord North opens a ground for treaty. This motion sets aside all objections to parliamentary, tax ation. You know many of the colony legislatures confessed a willingness to grant, by way of requisition, supplies for the defence of the British empire ; I understand this motion was made to settle the dispute on that principle. Be assured, it is not the quantum Great Britain contends for. Surely, each colony must be the most 6 42 THELIFEOF competent judge of its own internal abilities. Had Great Britain reserved to herself the right of determining the proportion in which they should severally contribute, it must have been liable to the strongest objections. She might undesignedly be guilty of an une qual distribution of the quotas; but enough on the merits of the dispute. I have not considered it well enough, to enlarge more on this interesting subject ; but this is the language here, and you must take notice, my letter is intended to convey only the talk of this city. You may depend on it, that there is the greatest unanimity amongst all ranks of people. England was never in a more flour ishing state — new doors opened to commerce ; manufacturers fully employed ;, stocks as high as before the dispute. We continually hear of unkind treatment given to many re spectable inhabitants, for their political opinions. This gives me much pain ; it can never settle the dispute, but injure the reputation of those who are guilty of it. I wish it could be put an end to. It certainly will irritate the people here against the Americans. On the whole, be assured America has not a better friend than I am to it. So dangerous is it to give an opinion publicly here, that I say little, for fear my words may be misconstrued. What I do say, is on the side of America, as consistently as I can with the nature of the dispute. Harry Cruger is at my side. He has a great desire to pay , New-York a visit, but that is impossible. Affairs here are so cir cumstanced that he cannot stir. Bristol will not part with one of its representatives. I fear years must roll over his head, before he sees that place. Pray excuse incorrectnesses in this letter. The unhappy situa tion of American affairs so embarrasses my mind, that I really am •unfit to take pen in hand. Pray desire Mrs. Maunsell to direct to me at Mr. Augustine Mead's, merchant, No. 6, New Buildings, Coleman-street, London. I hope to hear from you, directed to that place. Adieu, my dear sir ; may the olive once more spi its branches over your western world, is in the sincere wish of, * , Dear sir, sincerely yours, John Maunsell. PETER VAN SCHAACK. 43 FROM HENRY CRUGER, JUNIOR. Bristol, 11th June, 1775. Dear Sir : Your agreeable favor of 3d May, Colonel Maunsell delivered to me. I am deeply afflicted by the troubles, and impending ruin of my native country. I contend day and night for the propriety and virtue of your conduct. My behavior everywhere evinces that nothing on earth is, or ought to be, so dear to us as our native country. In my public speeches, I have affected the greatest mod eration, in order to secure the attention of the audience ; nothing else would, after the publication of a letter in the Philadelphia paper last winter, which you may remember was ascribed to me. You tell me I do not write on the subject of public matters so freely now, as I did before I was a senator. True, but my reserve doth not proceed from my being a member of Parliament. Letters are often opened .by rascals ; this is one check. The disagreeable- ness of the subject is another ; its being worn out, is a third. My dear sir, you may believe me when I assure you, that the severe measures resolved on by the legislature of this country made my very soul yearn. I have talked, and reasoned, and prayed — prophesied, deprecated, and rued ; but all to no purpose. The an swer always was, that England would neither be intimidated by, nor receive laws from America ; that if you were the subjects of England, and upon every danger expected protection, you ought to be subordinate to her laws. After saying all that could be said upon the subject, the dispute remains just where it did. My partiality to my native country is too conspicuous upon all occasions, to be doubted ; but lately it hath discovered itself even in violence. I shall remain, to my dying day, America's fast and unalterable friend. I begrudge no pains nor expense to serve your cause, and if my life was to be laid down to preserve your rights and liberties, I should not think the purchase too dear. I would give a great deal just now to be in the secrets of the privy council, to know how the last unfavorable accounts from Boston operate ; but that knowledge is communicated only to the particular connections of the ministry; with whom, God be praised, I hold not the least intercourse. During the sessions of Parliament, 44 THE LIFE OF I now and then contrived to get amongst some of them, in hopes of at length being able, by repeated conversations, to abate their rigor ; but as it proved all in vain, I have long since washed my hands from all manner of correspondence with them ; of course remain an utter stranger to all their future schemes. I am momently expecting the arrival of my father. His presence here will yield me infinite happiness ; and every thing that a son can or ought to do, to make a father comfortable, he will be sure to experience from my warm affection. Would to Heaven all my friends and connections had come with him, for now it will be many years before I can possibly come among them. My debts in your city are immense. Do, my dear kinsman, exert yourself to secure what you can for me. The beneficial services I have rendered my country, and my constant attention to its welfare, require the strictest justice at the hands of my country men. Inclosed is a sketch of my debtors' names for your govern ment. Isaac Sears has wrote us, that he will not remit any more until the disturbances are at an end. Is this justice, Heaven ! My love to my dear sister and your little ones ; and believe me as sincere, good and affectionate a friend as any you have on earth. May God bless you ! Hen. Cruger. FROM HENRY CRUGER, JUNIOR. London, 2d Aug't, 1775. My dear Sir: I received with pleasure your last of 16th and 17th June, and gave the one inclosed to V— 1. For a fortnight past I have been ill, but am getting better. I am sorry for the frenzy of my countrymen. To wrest and torture the only construction that could be put upon my letter per Col. Skene into any sense inimical to the liberties of America, is strange indeed ! True, it said many fulsome, perhaps ironical, things in favor of a vain, weak man, who, out of his own mouth, requested me to write the nonsense I did. He told me it would give him con sequence in New-York ; and, without once reflecting how far he was a friend or a foe to any particular cause, I readily obliged him. PETER VAN SCHAACK. 45 No, no, my kinsman ! I am not America's enemy, or should not moan as I do, for the calamities that over her head are yet impending. They only are your greatest enemies who continue to deceive you ; who, in spite of their own internal conviction, per sist in assuring you the English nation is on your side. In short, unless peace be made, all America, I dread, will next year wofully experience the most damning proofs of their mistake. A contrary account might be more flattering and pleasing ; but I choose rather to give you the truth, though the warm zealots in the cause of liberty it offend.* On this solemn occasion, I speak fact for the best. To my inmost bosom I appeal, and safely say, " hie murus aheneus esto — nil conscire sibi, nulla pallescere culpa." I am extremely sorry for the illness of poor Cornelius. I hope he may recover. He is too fine a boy to lose. How is my favorite and namesake honest Hall I long to send them some fresh memorial of my love. As that is prohibited, they must for the present be content in knowing they possess it most amply, and so does my dearest sister Betsey. My best respects and love attend all your worthy family up the North River. Adieu ! Yours, affectionately, H. C. FROM REV. JOHN VARDILL. London, June 20, 1775. My dear Sir : Your letters of the 4th and 6th of May, are sad pictures of the miserable state of my native country. I sympathize with you in your sorrow, and weep with you over the calamities of civil war. What is the method to close the door of contention 1 This is the question which every man asks of his neighbors. Will the Americans be satisfied with a suspension of the exer cise of taxation 1 Will they consent to the laws of trade, as enacted by a competent authority in the British legislature 1 Would they wish to be governed by their Colonial Assemblies ? or by a Gen- * N. B. I do not mean to influence the conduct of my countrymen — only to give you the best information. This surely is inoffensive. I think it right you should know that the people here do not so sanguinely co-operate with you as you could wish. 46 THELIFEOF eral Congress ? In what part of the state, is the power of com pelling to their duty refractory and delinquent colonies to be vested 1 If you prefer the mode of requisition, is the sum, and the appropriation of it, to be left to the King 1 or to your own Assem blies 1 or to Parliament 1 What degree of subordination do you think your duty 1 or do you claim to stand in the same relation to the King, as the Parliament of Great Britain itself? These are difficulties with me, which you can best answer in America. Every man who arrives from the colonies has a different plan, which alone can succeed. The late intelligence from America has not, as far as I. can learn, altered the plan of Government. The nation will not suffer a man to continue minister who falters ; the moment he retreats, he falls. I cannot find a man who wishes to see you enslaved, to con tribute more money, or have less liberties than Englishmen. All they wish, is, that you will advance to a friendly settlement, and consent to the operation of that supreme power, which necessity makes lawful. May Heaven avert a contest, which can produce good to nei ther of the parties, and which the highest human wisdom seems incapable of settling to the content and satisfaction of both countries. From the accounts which we received last from America, it appeared that you are all united in the dispute, and that military preparations were everywhere forming. This looks as if you intended to try your strength with Great Britain. If you depend much on assistance from this country, or any foreign powers, you will be deceived. It has been the interest of party, to push matters against the ministry, in hopes that the difficulty of the case would oblige them to resign. The common danger will force both into union. France and Spain are disposed to lend assistance to Great Britain, and not to you. This last, I have the most authentic intelligence of. But let me drop the subject, which is a source of too much melancholy. I fear it will be long ere peace is restored to your once happy country. It will be long ere you and I renew those social and temperate pleasures, which we once enjoyed together. PETER VAN SCHAACK. 47 Wherever you are, may content smooth your pillow, and shed cheerfulness around your board, and may you never forget Your affectionate friend, John Vardill. This correspondence shows very conclusively, that Mr. Van Schaack condemned those measures of the British government, which led to the Revolution. The committee of fifty-one, as has been remarked, was dissolved in November, 1774. It was succeeded by a committee of sixty persons, chosen by the " freeholders and freemen" of the city of New-York, at a public meeting held at the City Hall on the twenty- second day of November, and styled "The Committee for carrying into execution the association entered into by the Continental Con gress." Mr. Van Schaack was chosen a member of the committee of sixty also. What part he took in the proceedings of the latter committee the author is uninformed, and no record appears to have been kept of their doings. He is known to have been friendly to the measures of non-importation, and non-consumption, and he was in favor of all peaceful remedies to procure a redress of grievances. 48 THELIFEOF CHAPTER III. On the thirteenth of May, 1775, Mr. Van Schaack parted with his respected father-in-law, who embarked, at this time, at New- York for England, in the hope of obtaining some relief, at the watering places in that country, from a painful disease which threatened his life, and rendered it improbable that he would ever rejoin hiskindred and friends in America.* In the course of about four years previous to this date, the sub ject of this sketch had been deprived, by death, of four children, who died in their infancy. In July of this year, his oldest son, Cornelius, a remarkably promising child in his ninth year, died at -Kinderhook, whither he had been taken in May previous; and while the afflicted parents were daily expecting their youngest child with its nurse from New-York, the sloop arrived, with the melancholy tidings of his death two days after the interment of the other. The following reflections were suggested to his mind on this occasion. " July, 1775. Upon the death of two of my children within a few days of each other." " There never was any system since the creation, which affords any ground of consolation under the distresses of life, except the Christian religion. By this, the doctrine of a future state is clearly revealed, and as we may deduce from natural religion, that the justice and mercy of God will adjust all the seeming inequalities of his providence ; so we are confirmed in it, by revelation. From r hence we learn this consoling truth, that this life is but a state of probation, in which we have it in our power to obtain the assist- ~ Mr. Cruger died at Bristol, 5th February, 1780 ; and his body was interred in the cathedral in that city. PETER VAN SCHAACK. 49 ance of God's Holy Spirit, whereby we may secure to ourselves the benefit of the redemption of Jesus Christ, in a happy immortality. " A due consideration of the transitory nature of this life, and of the importance of eternity, should prevent us from overvaluing the one, or neglecting the other. Mere reflection perhaps would not give these sentiments their due impression, but in the hour of dis tress, upon the loss of a friend we love — upon the loss of the child of our tenderest affections ! — they will not fail of striking the mind with the utmost force. " There cannot be a stronger internal evidence of the truth of Christianity, than that it alone affords us relief, on those trying occasions which we are daily subject to. Would God suffer his creatures to be distressed, without its answering any good purpose ; or without its bearing any relation to any of the other parts of the great whole over which his providence presides 1 Without the certainty of a future state, we should be unhappy upon every misfortune. What could console upon the dissolution of the most endearing, and tenderest connections ? Reason, aided by the most refined philosophy, in vain would speak peace to the troubled breast. Apathy and insensibility would be the only remedies they could prescribe. " But Christianity, the religion of Heaven, arms us against the terrors of death. In her mild eye, it is but a transition to a better state, wherein we shall be released from the present vicissitudes of fortune, and taste the purest happiness. " Shall we then repine at the well prepared death of those we love 1 God forbid ! Death is gain ; — it is cruelty, to wish to retain them in a state where bodily pains and distress of mind are the certain portions of the most fortunate. But, above all, the death of a child should rather excite gratitude than grief. As no idea of criminality can be supposed without consciousness of error, and the possession of that share of reason which can distinguish the rules of right and wrong, we have here the fullest conviction of the be atitude of the objects of our love. Instead of wading through the miseries of a sinful world, without danger from the numerous temp tations which surround us, they obtain the signal blessing of a happy eternity, without undergoing the pains and distress which ever accompany more advanced life. 7 50 THELIFEOF " If these reflections satisfy notour minds for the loss we sustain, let us count this perverseness our infirmity, and endeavor to bring ourselves to a juster way of thinking. " Does our grief proceed from regard to the deceased 1 it is mis placed ; and we are assured that death seals their happiness. Does it arise from regret on our own account? it is selfishness— it is want of friendship to those we love — it is wishing to promote our own temporary pleasure, at the expense of pain and anxiety in the objects of our love ; perhaps to the endangering their eternal happiness. " The benefits to ourselves, too, of such events, if well improved, are great ; they will fix the attention upon the most important of all considerations ; they will lead the mind to an enlarged consider ation of the amazing dispensations of Divine Providence. Let us embrace the occasions, therefore, as friendly admonitions of God to excite us to our duty ; let us improve them as the strongest calls of divine goodness to warn us against persevering in error. " Let us acquire a thorough conviction of the superintending providence of God ; let us be assured that his dispensations are ' directed solely for our ultimate good ; duty and regard for our own, welfare, rightly understood, will then both concur in us a perfect resignation to every calamity ; we shall receive the friendly stroke as the chastisement of love, and we shall attain an affiance in God which will afford us that contentment and peace of mind, which the world can neither give nor take away. " It should be the subject of every day's reflection, how weak, or how impious it is to repine at the events of life. On such occasions) the following topics will, if properly considered, afford us relief. That the Almighty governs the affairs of the world by his superintending providence — that as he is a God of unerring wisdom, so his goodness extends to all the children of men. That with wisdom to see, with goodness to direct, and power to execute whatever is best, we may safely rely that whatever is, is right, relatively to the whole. That we are incompetent judges of the ways of Providence ; not seeing the whole chain of things, we mistake good for evil, and evil for good ;— the result of all which will be, that though we cannot un riddle, we shall learn to trust. " But if this indulgence of our grief is highly blameworthy, an PETER VAN SCHAACK. 51 attempt to drown it in dissipation, is still more criminal. The unbe liever, whose views are bounded by this precarious life, may have recourse to it to banish reflection, in order to avert his present misery ; but it is the glorious prerogative of Christianity, that the more we exercise our reflection, and the more intensely we employ our minds, so much the more ample shall we find that source of conso lation to be which it affords. Can a rational mind, then, hesitate about the choice ? " Upon the whole, as prayer is the means by which we are di rected, by the words of inspiration, to apply in all our wants, so let us on these occasions devoutly implore of Almighty God, through the merits of Jesus Christ, for such divine aids as will en able us to sustain these trying visitations with a humble and sub missive resignation to all the dispensations of Providence ; and let us embrace these friendly calls, and improve them to the edification of our minds, and the due regulation of our passions and affec tions." In May of this year, Mr. Van Schaack removed his family to Kinderhook ; and he did not afterwards return to the city to reside. The ill health of some of his family was the immediate cause of his going into the country at this time. His eldest child (whose subsequent death has been mentioned) was alarmingly indisposed. Mrs. Van Schaack's health was but indifferent, and her feelings had been recently severely tried by the solemn parting with her father, whom she never afterwards saw ; and his own health and impaired vision required relaxation. In connection with these circumstances, also, it is not improbable that the threatening aspect of public affairs, and which the recent shedding of American blood at Lex ington had rendered more alarming, may have had its influence on his sensitive mind. But if public considerations did not affect his removal to the country, the situation of the city of New-York soon became such as to render a return to it not very desirable.* * The delegates from Albany county to the Provincial Congress in session at New- York, wrote under date of 3d October, 1775 : " This once gay, opulent and flourishing city, now, comparatively speaking, appears to be a town of desolation." 52, THELIFEOF FROM JOHN H. CRUGER. New-York, June 21th, 1775. Dear Sir : . This goes by Capt. Goes, who has charge of the pipe of Ma deira wine I send you. I hope you are well up, and in a state of more tranquillity than you would have been here. My love to Betsey, and best wishes for her happiness and yours. Monday's paper will show you all we know of the melancholy situation of affairs to the eastward. On Sunday we had landed in our city, amidst the rattling of drums, and display of colors, Gover nor Tryon, (as you may guess how,) and the Generals Washington, Lee, and|Schuyler, who yesterday afternoon moved off with a pomp, magnificence and grandeur becoming the importance of the cause, in which, for the liberties of America, they are embarked. God grant us peace, a restoration of our liberties, and a good constitu tion. Farewell. Yours, affectionately, J. H. Cruger. FROM THE SAME. New-York, October 18, 1775, Dear Sir : As you intended when you left us, so I expected, that you would have been down to the court ; but as we must now return you for this term non est, I send you inclosed the last letters from England, which sooner you should have had but for the above rea son. To-morrow's newspaper will show you a correspondence since Friday last, between the Governor and the Mayor, and his worship and the committee, which is exceeding polite and affec tionate ; the result will prove, it is supposed, the Governor's em barkation on board the Asia. No arrivals from England of late, leave us without news from that quarter. It is on the northern quarter that our eyes are now fixed for something important. The timid, the cautious, the judi cious, or the prudent, call them by which name you will, are removing their effects again out of town. It is said troops are expected — trouble of course. If the Governor and government PETER VAN SCHAACK. 53 officers are taken into custody, Captain Vandeput demands them ; the consequence of a denial will be attended with disagreeable circumstances, the effects of new orders. Thus you see, my good sir, our situation is not a bit pleasanter, or more eligible, than when you 1 eft us, and, in my humble opinion, no dawn of better times. All friends here are well. Present my compliments to your brother David, and believe me to be very much, dear sir, Your affectionate, humble servant, Jno. Harris Cruger. FROM FREDERICK RHINELANDER. New-York, 23d February, 1776. Dear Sir : At my return from Philadelphia, I had the happiness to receive your long letter. As I am to consider it as an answer to mine of six and a half lines, I am the more obliged to you for its contents. I forbear to mention the distressed state of this once happy city. Though General Lee has every thing to recommend him as a gen eral, yet I think he was out of luck when he ordered the removal of the guns from the Battery; as it was without the approbation, or knowledge, of our Congress, consequently the inhabitants were unprepared for so melancholy an event. The inclemency of the weather heightened our distress. The wind, too, was so high that the rivers could not be crossed but with the utmost hazard. Samuel Bayard was made prisoner. The secretary's office is removed to Nicholas Bayard's, where Samuel is yet under a guard. Mr. Stevens is made a prisoner by the New-England troops, and sent to Hart ford. A flag was sent on board the Asia, with a proposal to exchange Stevens for a New-England officer taken by the Asia last summer ; no answer has been sent. General Clinton is gone to the southward ; it is said he expects to be joined by seven thou sand troops from the other side the water. General Lee is taking every necessary step to fortify and defend this city. The men-of-war are gone out of our harbor; the Phoenix is at the Hook ; the Asia lays near Bedlow's Island ; so that we are now in a state of perfect peace and security, was it not for.our apprehensions of future danger. To see the vast number of houses shut up, one would think the city almost evacuated. 54 THELIFEOF Women and children are scarcely to be seen in the streets. Troops. are daily coming in; they break open and quarter themselves in any houses they find shut up. Necessity knows no law. Private interest must give way to the public good. Mr. Jacob Walton was ordered to remove and give up his house, which is now occu pied by the soldiers. I have not moved an article out of town yet, though I have taken a house for my family, at a place called Para- mus. The speaker has desired me to get a place for him in the same neighborhood. I think it will be out of the route of the army. We are going to raise a new battalion ; Colonels Lasher and Gouverneur Morris are candidates for the command. As both the gentlemen have great merit, it is hard to tell which will succeed. General Lee is ordered to take the command at Canada ; Gen eral Schuyler to command at New-York. Yours, &c. Frederick Rhinelandek. The winter of 1776 found Mr. Van Schaack still at his native village, meditating upon the distracted state of his country. " January, 1776, at Kinderhook. "The only foundation of all legitimate governments, is cer tainly a compact between the rulers and the people, containing mutual conditions, and equally obligatory on both the contracting parties. No question can therefore exist, at this enlightened day, about the lawfulness of resistance, in cases of gross and palpable infractions on the part of the governing power. It is impossible, however, clearly to ascertain every case which shall effect a disso lution of this contract ; for these, though always tacitly implied, are never expressly declared, in any form of government. " As a man is bound by the sacred ties of conscience, to yield obedience to every act of the legislature so long as the government exists, so, on the other hand, he owes it to the cause of liberty, to resist the invasion of those rights, which, being inherent and una lienable, could not be surrendered at the institution of the civil society of which he is a member. In times of civil commotions, therefore, an investigation of those rights, which will necessarily PETER VAN SCHAACK. 55 infer an inquiry into the nature of government, becomes the indis pensable duty of every man. " There are perhaps few questions relating to government of more difficulty, than that at present subsisting between Great Brit ain and the Colonies. It originated about the degree of subordina tion we owed to the British Parliament, but by a rapid progress, it seems now to be whether we are members of the empire or not. In this view, the principles of Mr. Locke and other advocates for the rights of mankind, are little to the purpose. His treatise throughout presupposes rulers and subjects of the same state, and upon a sup position that we are members of the empire, his reasonings, if not inapplicable, will be found rather to militate against our claims; for he holds the necessity of a supreme power, and the necessary exist ence of one legislature only in every society, in the strongest terms. " Here arises the doubt : if we are parts of the same state, we cannot complain of a usurpation, unless in a qualified sense, but we must found our resistance upon an undue and oppressive exercise of a power we recognize. In short, our reasonings must resolve into one or the other of the following three grounds, and our right of resistance must be founded upon either the first or third of them ; for either, first, we owe no obedience to any acts of Parliament ; or, secondly, we are bound by all acts to which British subjects in Great Britain would, if passed with respect to them, owe obedience ; or, thirdly, we are subordinate in a certain degree, or, in other words, certain acts may be valid in Britain which are not so here. " Upon the first point I am exceedingly clear in my mind, for I consider the Colonies as members of the British empire, and subordinate to the Parliament. But, with regard to the second and third, I am not so clear. The necessity of a supreme power in every state, strikes me very forcibly ; at the same time, I foresee the destructive consequences of a right in Parliament to bind us in all cases whatsoever. To obviate the ill effects of either extreme, some middle way should be found out, by which the benefits to the em pire should be secured arising frvom the doctrine of a supreme power, while the abuses of that power to the prejudice of the colonists, should be guarded against ; and this, I hope, will be the happy effect of the present struggle. 56 THELIFEOF " The basis of such a compact must be, the securing to the Americans, the essential rights of Britons, but so modified as shall , best consist with the general benefit of the whole. If upon such a compact, we cannot possess the specific privileges of the .inhabitants of Great Britain, (as for instance a representation in Parliament we cannot,) this must not be an obstacle ; for there is certainly a point in which the general good of the whole, with the least possible disadvantage to every part, does centre, though it may be difficult to discern it, and every individual part must give way to the genetd good. "If the principles upon which such a union should be formed are difficult of discovery, will it not mitigate the severity of the acts we complain of? If the line between authority and depend ence has never been drawn, will it not render the offence less heinous if the Parliament has transgressed it ? "It may be said, that these principles terminate in passive obedience : far from it. I perceive that several of the acts exceed those bounds, which, of right, ought to circumscribe the Parlia ment. But, my difficulty arises from this, that taking the whole of the acts complained of together, they do not, I think, manifest a system of slavery, but may fairly be imputed to human frailty, and the difficulty of the subject. Most of them seem to have sprung out of particular occasions, and are unconnected with each other, and some of them are precisely of the nature of other acts made before the commencement of his present Majesty's reign, which is the era when the supposed design of subjugating the colonies be gan. If these acts have exceeded what is and ought to be de clared to be the line of right, and thus we have been sufferers in some respects by the undefined state of the subject, it will also, I think, appear from such a union, when established, if past trans actions are to be measured by the standard hereafter to be fixed, that we have hitherto been deficient in other respects, and derived benefit from the same unsettled state. " In short, I think those acts may have been passed without a preconcerted plan of enslaving us, and it appears to me that the more favorable construction ought ever to be put on the conduct of our rulers. I cannot therefore think the government dissolved; and as long as the society lasts, the power that every individual PETER VAN SCHAACK. 57 gave the society when he entered into it, can never revert to the individuals again, but will always remain in the community* " If it be asked how we come to be subject to the authority of the British Parliament, I answer, by the same compact which entitles us to the benefits of the British constitution, and its laws; and that we derive advantage even from some kind of subordina tion, whatever the degree of it should be, is evident, because with out such a controlling common umpire, the colonies must become independent states, which would be introductive of anarchy and confusion among ourselves. " Some kind of dependence being then, in my idea, necessary for our own happiness, I would choose to see a claim made of a constitution which shall concede this point, as before that is done by us, and rejected by the mother country, I cannot see any principle of regard for my country, which will authorize me in taking up arms, as absolute dependence and independence are two extremes which I would avoid ; for, should we succeed in the latter, we shall still be in a sea of uncertainty, and have to fight among ourselves for that constitution we aim at. " There are many very weighty reasons besides the above, to restrain a man from taking up arms, but some of them are of too delicate a nature to be put upon paper ; however, it may be proper to mention what does not restrain me. It is not from apprehension of the consequences should America be subdued, or the hopes of any favor from government, both which I disclaim ; nor is it from any disparagement of the cause my countrymen are engaged in, or a desire of obstructing the present measures. " I am fully convinced, that men of the greatest abilities, and the soundest integrity, have taken parts in this war with America, and their measures should have a fair trial. But this is too serious a matter, implicitly to yield to the authority- of any characters, however respectable. Every man must exercise his own reason, and judge for himself; ' for he that appeals to Heaven, must be sure that he has right on his side,' according to Mr. Locke. It is a question of morality and religion, in which a man cannot con scientiously take an active part, without being convinced in his own mind of the justice of the cause ; for obedience while govern- * Locke. 8 58 THELIFEOF ment exists being clear on the one hand, the dissolution of the government must be equally so, to justify an appeal to arms ; and whatever disagreeable consequences may follow from dissenting from the general voice, yet I cannot but remember that I am to render an account of my conduct before a more awful tribunal, where no man can be justified, who stands accused by his own conscience of taking part in measures, which, through, the distress and bloodshed of his fellow-creatures, may precipitate his country into ruin." Whatever may be said of the reasoning of the foregoing paper, it exhibits the spectacle of a great mind, unmoved by personal considerations, unaffectedly solicitous, at an important crisis in public affairs, to discharge his duties faithfully, and in the solemn view of a future accountability. The course which he determined to pursue, was purely the result of principle, and of conscientious views of duty. He made his obligations in this particular the subject of anxious reflection, and of careful meditation and study, To enlighten his mind, he made critical examinations of the works of Locke, Vattel, Montesquieu, Grotius, Beccaria, Puffendorf, and of other elementary writers, and he made numerous notes and extracts from those authors.* Possibly his course would have differed, had he not resorted so much to books for its government; and it was a remark of one of his own favorite authors, that "the highest refinement of reason is not always desirable." A calamity of an alarming character now awaited him in his own person. In the early part of spring in this year, he experi enced that most severe and trying of all dispensations — blindness. His assiduous application to study, and to the critical work of re vising the Colonial statutes, had injured his vision, and, at this pe riod, he lost the sight of his right eye entirely, and never recovered the use of it afterwards. In May of this year, Mr. Van Schaack,, with three others, TO chosen by the electors of the district of Kinderhook, to represent them in the " Committee of safety, correspondence, and protection" * Passages in some of these works, in Mr. Van Schaack's library, applicable to his situation, and supporting his sentiments, still retain the marks made by him. PETER VAN SCHAACK. 59 for Albany county, which then embraced the present county of Columbia. On the twenty-ninth of May, he attended the first sit ting of the newly elected General Committee, at Albany, and took his seat as a member. At this meeting, the committee for the Kinderhook district pre sented to the Board a complaint in writing, detailing a state of facts in regard to certain outrages committed in their district, by " bodies of armed men from Claverack and Kings district, and from Massa chusetts Bay, [who] had invaded the district, and without authority of any Committee of this [Albany] county, had disarmed, dra gooned, and ill treated the inhabitants. A sub-committee was by them [the Board] appointed to inquire into the facts, who [at a subsequent meeting] reported that they had been fully proved upon oath before them. Notwithstanding this, no notice was taken of the report, and no redress given to the persons injured ; and instead of passing a censure on the delinquents, the Committee left them in possession of what they had taken, and expelled the district com mittee [of Kinderhook] unheard, unquestioned, and without even the specious formality of a trial ! and that, too, by an order made ex pressly for the purpose."* At this first meeting of the newly elected General Committee, also, a resolution was adopted, requiring the general association to be ten dered to every member of the Board. It appears by the minutes of the committee, that Mr. Van Schaack and his associates from the Kinderhook district, declined signing the association, upon its being tendered to them. By a resolution passed at a subsequent meeting, the committee treated this refusal as " declining to comply with the mode of obtaining a right to a seat in this Board," and it was prob ably the reason of their expulsion, which was done in the manner before mentioned, and in derogation, as it would seem, of the rights of the electors of the Kinderhook district, by whom they had been chosen their representatives in the usual manner, and without any such restriction. The association referred to, and which Mr. Van Schaack had thus refused to sign, was the new association, which included a pledge to take up arms against the parent state. We have seen that Mr. Van Schaack was opposed to the # See Appendix E. 60 THELIFEOF measures of the British ministry ;— that he anxiously desired a re dress of grievances ; — and that as a member of the two committees of " fifty-one," and " sixty," he evinced his willingness to adopt mea sures to procure such redress. He was now solicitous to go further in the exercise of peaceful remedies ; but, when it was required of him to take up arms, or to give a pledge contemplating measures of force, his conscience and his deliberate views of duty, and of the direful consequences which he apprehended would befall his coun try, in case of a resort tq the major vis, would not permit him to sanc tion this ultimate step fn the progress of the public measures. From about this period, probably, he ceased to act with the friends of the Revolution ; influenced, as he evidently was, by a conviction of too great harshness in many of the public proceedings, having a direct tendency to an open rupture, — by partial disgust at irregularities committed by the whigs, " in the name of liberty," and by his domes tic afflictions. He may be set down with probable correctness, as among that class, whom he elsewhere describes, as being " disposed to go along with the Congress to a certain limited extent, hoping in that way to fix what they conceived to be the rights of their country upon the firmest foundation ; but as soon as they found, that the views and designs of the American leaders rested in nothing short of a dissolution of the union between Great Britain and her colonies, they refused any longer to participate in the public mea sures." Having been deprived of one of the most essential organs of the human body, and with the apprehension ever present to his mind, that the secret causes which had operated to destroy the sight of one eye, might also affect the other, anew affliction await ed him, in the prospect of being deprived of the best if not his only earthly stay for consolation, should he be reduced to a state of total blindness. In August of this year, Mrs. Van Schaack was seized with a dreadful vomiting of blood, which produced a weakness in the lungs that led to a decline, which eventually terminated her life. In October of this, to him, eventful and most afflictive year, he followed to the tomb the remains of his " much honored father." In the midst of all these misfortunes, which seemed to " tread each other's heels," he could find no consolation in the tranquillity and prosperity of his country, already distracted by the impending RETER VAN SCHAACK. 61 horrors of a civil war. The part, also, which it became him to take in this great contest, rendered this the most trying situation of his life. Upon mature, dispassionate and conscientious reflection, he had come to the conclusion, that it was not his duty to take up arms against the mother country. Neither did he feel himself jus tified in taking a part against the colonies ; for, as has been seen, he condemned the prominent measures of the British government, which constituted the grievances of the colonies, and only differed with his countrymen in regard to the best remedies to be pursued. It was not the least trying circumstance to his feelings, that in taking this position of neutrality, he found himself separated from many of the companions of his early youth, and from his most inti mate friends. Not to mention others, his particular friends, John Jay, Egbert Benson, Theodore Sedgwick and Gouverneur Morris, were found among the most active advocates for warlike measures. His wishes were to have gone with these friends ; his sense of duty, and of what he considered to be the best interests of the colonies, forbade his giving countenance to measures of force. The appear ance of not acting up to what his best friends had rated as a standard of patriotism, and his seeming (as he supposed it would seem to others) to act against the interests of his country, gave him great pain, and operated severely upon a naturally quick sensibility, rendered particularly excitable by a series of domestic afflictions. The repugnance which he had to taking up arms, was by no means singular in him. A searching master spirit, at an early period, had predicted, that " after all, we must fight," and the sentiment received a ready response in another bosom of fire. But the great body of those who afterwards became the pillars of the Revolution, were slow in coming to that unwelcome conclusion. And when Virginia's great orator first introduced, in her Convention of Delegates, in March, 1775, a proposition for organizing " a well regulated militia," the suggestion was received with scorn and marked dissatisfaction, and the resolutions were indignantly op posed by such men as Robert C. Nicholas and others of her illus trious sons, and among whom were Richard Bland, Benjamin Harrison and Edmund Pendleton, who had been delegates to the memorable Congress of 1774.* Indeed, the attachment of the * See Wirt's Life of Patrick Henry. 62 THE LIFE OF colonies to the mother country, and their solicitude for a continued political connection, notwithstanding all that had taken place, is claimed to have been one of the brightest features in the Revolution which established the independence of these United States. The subject of this sketch seems to have entertained, in an eminent and peculiar degree, an abhorrence of civil war. He looked upon it as a calamity above all others to be most deprecated, and seemed scarcely willing to admit an- idea of its necessity to secure a lodgment in his mind. It was his own language, upon experience, that " amidst all the calamities which are incident to mankind, those attendant upon a civil war are the most grievous, complicated, and' extensive. Those who have felt its horrors, find the most animated description of them inadequate, and to those who have, by a more benign dispensation of Providence, been exempt from it, the detail of its miseries would hardly gain credit. The dissolution of the bonds of civil government, and the anarchy con sequent upon it, constitute the epitome of human wretchedness." His mind seemed to be always inclined to the dark side of the picture, and there can be no doubt, that his sentiments on this subject, in their application to the then state of public affairs, were influenced in a measure, (and probably unconsciously,) by his own personal situation. He had just commenced his professional course, which promised high distinction, and to the pursuit of which he was sincerely devoted. " Inter arma silent leges ;" and he no doubt felt that the progress of the arts and sciences, as well as of the law, would be arrested by a state of things so uncongenial to their flourishing. The rapid succession of domestic afflictions with which he had been visited, as well as that most trying calamity which befell his eye-sight, were also calculated to predispose his mind for retirement, and for the tranquillity of peace. If it be true, that character often receives its bias from accident and situation, it will easily be perceived, that the circumstances referred to may have had no small share of influence upon his mind, and the conse quent government of his course.* # "When the Revolution broke out, also, he had but just risen from the la borious work of revising the Colonial statutes — a work which, in its nature, PETERVANSCHAACK. 63 ¦ '( Mr. Van Schaack remained in retirement, at Kinderhook, the residue of this year, and took no part on either side. The position of neutrality, which he had assumed, he religiously ob served ; . and he evinced no desire to obstruct the public measures, which his countrymen saw fit to adopt to accomplish their pur poses. But, he was not long left to the tranquil enjoyment of what he regarded as the sacred rights of conscience, which was all he desired. The master spirits of the Revolution, acted upon the principle, that " he who was not for them, was against them." The subject of this sketch, being known to possess talents of a high order, and an elevated reputation, and having also an extensive acquaintance and numerous family connections over whom he might be supposed to have an influence, was, by the ap plication of this principle, rendered an object of suspicion, and he consequently became the subject of further proceedings. and as the basis of its usefulness, contemplated the stability and permanency of existing institutions. 64 THELIFEOF CHAPTER IV. The first constitution of the State of New- York was adopted in April, 1777.* For two years previous there had been a species of interregnum, and the powers of government were exercised, for the most part, by committees in the different counties, and by a Provincial Congress, or Convention. The " government of this colony, by Congress and committees, was instituted while the former government, under the crown of Great Britain, existed in full force ; and was established for the sole purpose of opposing the usurpation of the British Parliament, and was intended to expire on a reconciliation with Great Britain, which it was then appre hended would soon take place."f The first Provincial Congress was chosen in May, 1775, and was induced by the battle of Lexington. The electors of the dif ferent counties met in their respective towns or districts, and chose a number of persons to represent their respective districts in a general county committee. The county committee, thus organized, among their other duties, appointed the delegates to the Provincial Congress. Subsequently, the people, in their respective districts, voted directly for such delegates. The inconvenience of frequently calling together a full representation from the different districts, rendered it expedient that the general county committees should appoint a sub-committee to transact their ordinary duties ; and thus a very few persons, at some convenient or central point in each county, usually did the whole business. And so, also, when there * The first Governor and Legislature of the State of New- York were chosen in June, 1777. t This is the language of a resolution of the Provincial Congress, of 31st May, 1776, which recommended a convention to take into consideration the necessity and propriety of instituting a new government, and it is recited in the preamble to the constitution as adopted. PETER VAN SCHAACK. 65 was not a quorum in the Provincial Congress, the members present resolved themselves into a "committee of safety," and, in that capacity, exercised the functions of a full Congress. The regulations thus resorted to as a " temporary expedient," were necessarily inconvenient and defective, and they were obnox ious to mistake and abuse. The different powers of government were confounded, and they were exercised by one and the same body, in violation of all rule under well regulated free governments. This imperfect state of things, led to the adoption of the first conr stitution, which, in its preamble, recites : " Whereas many and great inconveniences attend the said mode of government by con gress and committees, as of necessity, in many instances, legislative, judicial, and executive powers have been vested therein." On the twenty-first of September, 1776, the Provincial Con vention had appointed, from their own number, " a committee for inquiring into, detecting and defeating all conspiracies, which may be formed in this State against the liberties of America."* Very arbitrary powers were given to this committee. They were au thorized " to send for persons and papers ; to call out such de tachments of the militia or troops in the different counties, as they might deem necessary for suppressing insurrections ; to apprehend, secure or remove persons whom they might judge dangerous to the safety of the State; to ,make drafts on the treasury for a sum not exceeding five hundred pounds ; to enjoin secrecy upon their mem bers, and the persons they employed, whenever they should deem the same necessary; and to raise and officer, and put under pay, 220 men, and to station them in such places, and employ them on such services, as they should judge expedient for the public safety ; and, in general, to do every act and thing whatsoever necessary to execute the trust reposed in them."f It will scarcely now be credited, that powers so undefined and extraordinary, should have been intrusted to a few individuals, by a people so jealous of encroachments, whose sense of liberty was so keen as to " snuff the approach of tyranny in every tainted * On the eleventh of February, 1777, " Commissioners'" of Conspiracies, who were not members of the convention, were appointed in place of this " committee,'' which was then dissolved. t Journals of Convention. 9 66 THELIFEOF breeze," and who, on their own part, had " gone to war against a preamble." It was in the critical state of American affairs, at this period, that the justification for the delegation of such arbitrary authority has been placed.* The desperate character of the American cause, at this time, is also abundantly illustrated by the despotic powers conferred upon General Washington, by a resolve of the Continental Congress, passed on the 27th day of December, 1776.f So unusual and extraordinary were these powers, as to occasion an apology from Congress, who, on the next day, appointed a com mittee " to prepare a circular letter to the several United States, explaining the reasons which induced Congress to enlarge the powers of General Washington." The county committees before referred to, exercised most of the functions that were conferred upon the committee of conspiracies appointed by the convention, sometimes in obedience to the requi sitions of that committee and of the convention, and committee of safety, and at others upon their own responsibility. That such a confounding of powers and duties should have led to many abuses and irregularities, will not be surprising. We accordingly find, 4hat individuals were often arrested upon mere suspicion, and re- v "moved many miles from their families and homes, and consigned to the walls of a prison ; and although afterwards discharged on the ground of their innocence, they were required to pay all the expense attending the unfounded proceeding, and their property was subjected to immediate attachment for that purpose.^ An involuntary remark bearing the appearance of unfriendli ness to the public measures, — such as speaking disrespectfully of the Congress, or of its proceedings, — was often made the occasion or pretext for arrest and imprisonment. It was a very common circumstance, also, to incarcerate individuals, for refusing to take depreciated Continental paper money at par, in discharge of bonds and mortgages. It is difficult for the mind at this period, to reconcile itself to * Life of Jay, Vol-. I. p. 50. t See Appendix C. 1 The detail of facts which accompanies Mr. Van Schaack's letter to the convention, hereafter to be given, presents some of these irregularities in a very authentic shape. See Appendix E. PETER VAN SCHAACK. 67 these proceedings, especially in view of the eventual worthlessness, and irredemption of the paper thus questioned.* And it may be doubted whether any very large portion, even of well-informed minds, at the present day, would readily perceive, how it could constitute a criminal offence to refuse to receive in payment of debts a paper emission of a government not yet fully established, which did not draw to it the public confidence. But, it was an attack upon the abstract idea of sovereignty. Unfounded complaints were, no doubt, often made to the com mittees, to gratify private malice, and vindictive feelings; and, with the best intentions on the part of those bodies, (who frequent ly acted ex parte, and upon suspicion merely,) their proceedings would, no doubt, sometimes operate oppressively, and with injustice upon innocent individuals ; and they not unlikely led to disgust, in such cases, with the public measures, presenting to their minds the alternative of Sylla and Charybdis, and tending to confirm others in their opposition to the American cause. That irregulari ties of this description were numerous, cannot be questioned ; but a philosophic mind will look upon them without surprise, and will regard them as the natural, if not necessary concomitants of a state of civil war, and that the responsibility of their occurrence is to be laid at the feet of rulers, who, by their ill-judged and oppressive measures, have driven their subjects to a state of distraction and j, suspicion, whence those evils, under the infirmities of human nature, have a natural flow. The responsibilities which devolved upon these county commit tees, were immense. They were frequently called upon to act upon very sudden emergencies, and many of their members were un learned in the law, and ignorant of those judicial forms, the observance of which is often so essential to the due administration of justice, and the proper security of the liberty and rights of the citizen. The industry, vigilance, persevering energy, pecuniary sacrifices and responsibilities, fortitude, and single devotedness to the great cause in which they were engaged, manifested by many of these committees, as exhibited by the records of their proceed- * There were numerous cases of persons who lost entire and valuable farms, having received Continental money in payment, which was never re deemed by the government. 68 THELIFEOF ings, furnish sufficient evidence, that they were governed, in the main, by high and patriotic motives, and that the errors which they committed were those of the head, and not of the heart. An anecdote concerning one of these committees, illustrating the extreme jealousy of liberty, and the extent to which popular suspicion is often carried in times of civil commotion, may be pro perly introduced in this connection.* The grave importance attached to a trifling jeu d 'esprit, will, at this day, only afford a subject for amusement. '* • - When General Schuyler arrived at Albany, in July, 1775, to take charge of the military command in the department of New- York, under his recent appointment from the Continental Congress, a public reception was given him under the direction of the com mittee of safety. The processional display, upon this occasion, was probably not distinguished for its regularity, or magnificence, and it gave rise to the following anonymous publication : " The mode of a late very extraordinary, and very grand procession. " I. The Congressional General. " II. The Deputy Chairman, and who is only chairman pro tem pore. " III. Mr. Ten Broeck — through a mistake. " IV. The Chairman. " V. The Committee. " VI. The troop of horse, most beautiful and grand. Some horses long-tailed, some bob-tailed, and some without any tails, and attended with the melodious sound of an incomparably fine trumpet. " VII. The Association." The "committee of safety, protection and correspondence," entered with spirit and zeal upon the investigation of the matter, with a view to the discovery and punishment of the anonymous author of the paper in question. A meeting of the Board was summoned, at which it was gravely resolved, that " the paper con tained scandalous reflections on the proceedings of last Sunday." * The facts composing this anecdote, are taken from the minutes of the Albany committee, and their authenticity is thus placed beyond question. PETER VAN SCHAACK. 69 A system of espionage was adopted to discover its supposed " tory" author. The public were called upon, to lodge all such informa tion as might lead to his discovery. The committee adjourned from time to time, in the prosecution of their labors ; and public meetings of the citizens were called and held, at which the subject was discussed. At the expiration of three days of unwonted perturbation, Peter W. Yates, a member of the excited committee, desirous to restore quiet to an agitated' city, made known to his associates, that he was the author of the obnoxious paper, at the same time making a very full apology for his indiscretion, and most solemnly disclaiming " any intention to injure the cause of liberty." The committee resolved, " that the concession and acknowledg ment were satisfactory to the Board." This, however, did not appease the resentment of the public, which was well nigh inex orable. The whole city was in uproar on the occasion, and several public meetings were held, by which Mr. Yates's expulsion from the Board was demanded. In deference to public sentiment, Mr. Yates resigned his of fice of committee-man. But this did not conciliate the offended " Sons of Liberty," and, notwithstanding the resignation, the com mittee, " in order to satisfy the minds of the people, and for the sake of preserving harmony in the city," proceeded to the solemn task of expulsion. They, however, resolved that "the proceedings of this committee upon the said paper should not be published, provided the said. Peter W. Yates, Esquire, make a public confes sion, in person, to the people here assembled." A committee was thereupon appointed to wait upon Mr. Yates, and to "give him assurances of safety, if he should be inclined to make the said con fession." Mr. Yates accordingly appeared before his assembled fellow-citizens, and made the required acknowledgment ; the "cause of liberty" was thus vindicated, and her indignant, but now appeased "sons" repaired to their homes without committing any violence* * Although the public acknowledgment of his waywardness saved his expulsion, Mr. Yates persisted in his resignation. A new election was ordered, a few days afterwards, at which his constituents of the first ward evinced their unabated confidence in his patriotism, by re-electing him to the 70 THELIFEOF On the twenty-first of December, 1776, the committee of con spiracies made the following order. "Whereas this committee have been credibly informed, and have good reason to believe, that David Van Schaack and Peter Van Schaack, Esquires, Messrs. John Stevenson and Cornelius Glen, of the city and county of Al bany, have long maintained an equivocal neutrality in the present struggles, and are in general supposed unfriendly to the American cause, and from their influence are enabled to do it essential injury, " Resolved, that the committee of the city and county of Albany be requested to summon said persons to appear before them, to ask them whether they respectively consider themselves as subjects of the State of New-York, or of the King of Great Britain ; if they an swer that they consider themselves as subjects of the State of New- York, then to tender to them the oath of allegiance, and, on their taking and subscribing the same, to discharge them ; but if they should answer, that they consider themselves as subjects of the King of Great Britain, or refuse to take the oath aforesaid, then to remove them, under the care of some discreet officer, to the town of Boston, at their own expense, and there to remain on their pa role of honor till the further order of this committee, or the conven tion, or future legislature of this State, and that a copy of their parole be sent to the selectmen of the said town of Boston. " Resolved, that a copy of the oath of allegiance, and the parole aforesaid, be sent to the committee of the city and county of Albany." On the 30th December, the Albany, committee passed a resolu tion, directing their secretary to address a letter to Mr. Van Schaack requiring his attendance before them; and, on the 9th of January, he appeared before that body. It appears by their minutes of this date, that Mr. Van Schaack " refused to take the oath of allegiance, directed by the said committee to be taken by those who consider themselves subjects of the State of New-York," and that, in conse- same station. Wounded pride probably deterred him from again taking a seat in the Board, and his ardor in "the cause of liberty" appears to have abated. His name, however, subsequently appears among the representatives of the State legislature, by which body he was, also, several times appointed member of Congress. PETER VAN SCHAACK. 71 quence of this refusal, an order was made, " that he depart hence directly to Boston within ten days." A few days afterwards, he presented a petition to the commit tee, for leave " to remain in the county for such time, and under such restrictions as the Board should think proper, in order to ad just his affairs, so as that they might admit of his absence." This request was denied. The Provincial Convention was then in session at Fishkill, and Mr. Van Schaack appealed to that body, in a document of com manding interest, which he concludes by asking leave to remove from the State with his family and effects, maintaining it to be his right. LETTER TO THE CONVENTION.* Kinderhook, 25th Jan., 1777. Gentlemen : I am now about setting out, conformably to the sentence of your Committee, to make the town of Boston my prison, to which I am condemned by them unheard, upon a charge of maintaining an equivocal neutrality in the present struggles. How far the pun ishment of banishment for this can be justified, either by the prac tice of other nations, or upon those principles on which alone legit imate governments are founded, and how far it answers those ends, which alone make punishments a lawful exercise of power, I shall not at present inquire ; but as it implies, that your committee con siders me as a subject of your State, it behooves me, gentlemen, " to address you with that freedom which can never give offence to the representatives of a free people." When I appeared before the Albany committee, I refused to answer the question, whether I considered myself as a subject of Great Britain, or of the State of New York, because I perceived the dilemma in which it would involve me, of either bringing punishment on myself, in consequence of my own declaration, or of taking an oath, which, if I had been never so clear respecting the propositions it contains, under the circumstances it was offered to me, and in my present situation, I should not have taken. * The original is preserved in the archives of the State, at Albany, where it is bound up with other revolutionary documents. 72 THELIFEOF The reasons peculiar to myself, I shall not urge ; but, supposing the independency of this State to be clearly established, I conceive it is premature, to tender an oath of allegiance before the govern ment to which it imposes subjection, the time it is to take place of the present exceptionable one, and who are to be the rulers, as well as the mode of their appointment in future, are known ; for with every favorable allowance to those arguments which suppose it improbable that those who are contending for the rights of mankind will ever invade them, and that those who have vindi cated liberty against one tyranny, will establish or countenance another ; I say, admitting these arguments to have weight, both history and experience have, however, convinced me that they are by no means conclusive. In the resolutions of the Provincial Congress of the 31st May last, I find it declared, that "many and great inconveniences attend the mode of government by congress and committees, as of neces sity, in many instances, legislative, executive and judiciary powers have been vested in them." Now, gentlemen, the union of these powers in the same body of men, according to him whom the continental congress call the " immortal Montesquieu," " puts an end to liberty j" and is there not cause, therefore, (reasoning entirely from the fallibility of mankind without respect to persons,) to be Very jealous of a government, established by a body of men with such a plenitude of power, especially when they have not given the public the common security of an oath for the fair and impar tial exercise of it 1 Have not the people a right to expect that the intended constitution should-be'published for their approbation;, before they are compelled, under so severe a penalty as banish ment, to swear fidelity to it 1* The declaration of independency proceeded upon a supposition, that the constitution under which we before lived was actually dis solved, and the British government, as such, totally annihilated here. Upon this principle, I conceive that we were reduced to a state of nature, in which the powers of government reverted to the people, who had undoubtedly a right to establish any new form * The Convention appears to have subsequently become satisfied of the impropriety of administering a general oath of allegiance, before a regular government was organized. See Appendix D. / PETER VAN SCHAACK. 73 they thought proper ; that portion of his natural liberty which each individual had before surrendered to the government, being now resumed, and to which no one in society could make any claim until he incorporated himself in it. But, gentlemen, admitting there was never so clear a majority in favor of independency, and who were convinced that they were absolved from their allegiance, and admitting that you are now vested with powers to form a new government, by the suffrages of a majority of the people of this State ; permit me to observe that those who are of different sentiments, be they never so few, are not absolutely concluded, in point of right thereby. The question whe ther a government is dissolved and the people released from their al legiance, is, in my opinion, a question of morality as well as religion, in which every man must judge, as he must answer for himself; and this idea is fairly held up to the public in your late address, where in you declare, " that every individual must one day answer for the part he now acts." If he must answer for the part he acts, which certainly presupposes the right of private judgment, he can never be justifiable in the sight of God or man, if he acts against the light of his own conviction. In such a case no majority, however re spectable, can decide for him. But, admitting that a man is never so clear about the dissolu tion of the old government, I hold it that every individual has still a right to choose the State of which he will become a member ; for before he surrenders any part of his natural liberty, he has a right to know what security he will have for the enjoyment of the resi due, and " men being by nature free, equal and independent," the subjection of any one to the political power of a State, can arise only from "'his own consent." I speak of the formation of society and of a man's initiating himself therein, so as to make himself a member of it ; for I admit, that when once the society is formed, the majority of its members undoubtedly conclude the rest. Upon these principles, I hold it that you cannot justly put me to the alternative of choosing to be a subject of Great Britain, or of this State, because should I deny subjection to Great Britain, it would not follow that I must necessarily be a member of the State of New York; on the contrary, I should still hold that I had a right, by the "immutable laws of nature," to choose any other State of 10 74 THELIFEOF which I would become a member. And, gentlemen, if you think me so dangerous a man, as that my liberty at home is incom patible with the public safety, I now claim it at your hands as my right, that you permit me to remove from your State into any other I may prefer, in which case, I reserve to myself the power of dis posing of my property by sale or otherwise. I would not be so far misunderstood, as if I supposed that no person is amenable to the authority of a State, unless he has ex pressly recognized and consented to it. I am aware, that there may be an implied consent arising from a temporary residence in a community and " deriving protection from the laws of the same." But, to make a man a member of any society, and a subject of its government, in that sense which would restrain him from quitting it, and removing to another he may like better, I conceive that a positive, express, unequivocal engagement is necessary. I am con strained, therefore, to deny, in its full latitude, the assertion in your resolution of the 16th July, " that persons abiding in the State and deriving protection from the laws of the same, are members of the state," for I hold it, that they are from those circumstances merely, no otherwise members of it than in a sense so qualified as to make the position immaterial in the present case. These, as far as I un derstand them, are the sentiments of Mr. Locke and those other advocates for the rights of mankind, whose principles have been avowed and in some instances carried into practice, by the Con gress. According to these principles I have endeavored to conduct myself during the present calamities of this country. Whatever my private opinions may have been of their rectitude, wisdom, or policy, I have acquiesced in the proceedings of the Congress, and • expected whenever I transgressed their ordinances, to undergo the penalty, whether of fine, imprisonment, or otherwise ; and this I conceived entitled me to protection. Between protection and reward in society, I conceived there was a wide difference, and that the man who took no active part against you, was entitled to the former, but that a claim to the latter could only be founded on some positive merit ; and as I never solicited/aws, I never ex pected to suffer for wanting the qualifications necessary to entitle me to them. PETER VAN SCHAACK. 75 Disposed, however, to make allowances for the exigencies of the times, I would cheerfully have submitted to an abridgment of my liberty, if those in authority really thought it incompatible with the public, safety ; but then, in determining this, I expected regard should have been paid to the principles of judicial equity, and that those who gave an opinion respecting my principles, should have been compelled to assign the facts on which it was founded, and that I should have had an opportunity of controverting them, and of impeaching the credibility, or proving the infamy of the inform ers against me. But if I was to be condemned on suspicion, I ex pected at least that my informers and judges should have been under oath ; and if a test was necessary, I expected it would be in consequence of some general law, putting all men who are in the same class in the same situation, and not that it should be left at the discretion of particular men to tender it to such individuals as ma levolence, or party, family, or personal resentment should point out. I have been several times apprised, that my brothers and myself have been represented to you as dangerous persons, whose influence has disseminated a general disaffection through the district, upon which charge I shall be silent, as I well know the invidious light in which declarations tending to remove suspicions of this nature are received. I cannot, however, avoid sending you a detail of the proceedings relative to this district,* in which perhaps you will be able to trace a cause for its general disaffection, (if it be so,) more efficacious than any influence we can be supposed to have. An inquiry into this cannot be unworthy of your attention, and if you find an adequate cause in them, I hope all conjectures about a supposed one will vanish. With this detail you would sooner have been furnished, but that complaints of the abuses of power, are supposed in these cases to be levelled at the power itself, and im puted to an insidious view of exciting disunion. I have now, gentlemen, concluded the business of this applica tion, which, as I had not the honor of a personal hearing, I am obliged to offer by way of letter. My request is for leave to quit your State, and my reasons I have explained at large. If my principles are ill-founded, or misapplied, I shall readily retract my errors when pointed out ; but if they are founded on * Vide Appendix E. 76 THELIFEOF the immutable laws of nature, and the sacred rights of mankind, if they are such as are generally acknowledged by writers of the greatest eminence, and if they are necessarily connected with the same principles on which the American opposition is justified, I trust they will readily be admitted by you, though urged by an individual ; nor do I conceive they now come before you in an extrajudicial way, but are clearly connected with my defence, on a charge which has been thought of importance enough to subject me to banishment from my native place. I had several observations to make respecting the peculiar nature of the parole imposed on me, but. if I receive such an answer to my request as I expect, they will be superseded. I am, Gentlemen, Your most ob't serv't, Peter Van Schaack. The author is here tempted to introduce several extracts from the Lh% of Gouverneur Morris* " The American colonies, during the three first years of the Revolution, presented a phenomenon in the political world, of which there isno example in the history of nations. Twelve governments,' which had hitherto existed independent of each other, and alike subordinate to a superior power, all at once, and as if by common consent, threw off their allegiance to that power, and assumed to themselves the perilous task of self-government, at the fearful haz ard of distraction and anarchy among themselves, and of receiving on their heads the weight of vengeance prepared by their former masters, as a punishment for their disobedience and revolt. No condition of human affairs could be more critical or alarming. The social and political compact was absolutely resolved into its first elements, and it remained with each individual, in these wide spread communities, to determine in what manner, and on what terms he would consent to renew this compact, and what sacrifices he would make of his private interests and personal independence for the general good." " The formation of the American republics must ever be a theme of wonder to those, who judge" of social organizations by the annals * By Jare'd Sparks, Vol. I. p. 28. PETER VAN SCHAACK. 77 of past experience, and in all future time it must constitute a novel chapter in the history of mankind." " Wherever the power of Great Britain was thrown off or disa vowed, all political control passed by its natural course into the hands of the people. No man, or body of men, had authority to command any other body of men or individual ; equality of rights produced an equality of condition ; and the structure of government could only be raised on the strength of powers delegated anew to certain persons, for this special purpose, by the willing voice of the people, whom circumstances had made the sole arbiters of their own political destiny." The Convention evinced their respect for the author of the letter, if not for his arguments, by immediately passing an order for Mr. Van Schaack to appear before them.* This order was made on the third of February ; but, by some accident, it was not received by him until March following. In the mean time he had proceeded to Boston. The letters which follow were written during his stay in Massachusetts. TO MRS. VAN SCHAACK. Boston, 8th Feb'y, 1777. You will perceive, my dear wife, by the date of this letter, that we are arrived at the place which was destined for our residence. The difficulties we have met with on the road, I have mentioned to you in a former letter, and such were the delays they occasioned that we arrived here only yesterday. Thank God, we are all in health, and at present in spirits, though the character we came in has sometimes very sensibly affected them. We must expect to labor under some disadvantage in a strange place on this account, but that deportment, which will be my choice as well as my inter est, I hope will remove those prejudices which the circumstance of our banishment may at first create. I have not time to give you any particulars relating to this town, which at present exhibits a greater scene of business than, I believe, any pla.ce on the continent ; in general, however, I must * Vide Appendix F. 78 THE LIFE OF ',. . f * observe to you, my dear, that such gentlemen as I have as yet seen relative to the business of our coming, have behaved with the utmost politeness, and from this specimen I doubt not but my situ ation here will be as easy as the circumstance of my absence from my family and friends will admit of; therefore make yourself easy on my account. Thus have I made out something of a letter, and rely on my omitting no one opportunity that falls in my way, after I am set tled, which will be in private lodgings. Present my duty to my mother, and affectionate compliments to all my friends, and be lieve me Most affectionately yours, P. V. Schaack. TO MRS. VAN SCHAACK. Boston, 10th Feb'y, 1777. My dear" Wife: I wrote you a line last Saturday. Our situation is yet unde termined, but we are not to remain here. The Selectmen refused taking charge of us, and referred us to some members of the com mittee, and they to the Council of the State, who, thinking this the most improper place we could be at, on a supposition of our being dangerous, have determined we shall go to a country town, and fixed on Leominster, about fifty miles from here. We have no other objection to it than its not being near enough home, so that we shall apply for a town nearer the line, in which case I mean to send for you, as soon as I have fixed a place for your reception. ' We have been treated here with a civility and hospitality that are very flattering to us. We see here nothing but candor and human ity, and no man here is punished, as far as I can find out, who has committed no crime.* * It was a beautiful compliment to the people of Massachusetts, contained m a letter written at the close of the Revolution to Mr. Van Schaack then in England, by his brother Henry, who had taken up his residence at Richmond, in Berkshire county. " This commonwealth [says Mr. Henry Van Schaack] has to boast, what perhaps no people on earth could ever say before, and which w that they have been the prop of the confederacy in carrying on the war, and after a struggle of seven years, they have established a good govern- PETER VAN SCHAACK. 79 Let me conclude with doing justice to Capt. Hughes's polite ness, which I hope will be acknowledged by all my friends, and that any civility they can show to him, will be readily done. My duty, love and affection to all friends. Heaven of his mercy take you all into his protection. Most affectionately, I am yours, P. V. S. TO MRS. VAN SCHAACK. Leominster, 22d Feb'y, 1777. I was made happy by the sight of your letter, my dearest Betsey, of the 11th inst., but my joy was soon overclouded by the account you give me of the fit you have had. I hope it was only occasioned by the sudden loss of blood, and trust in God, that before now you are restored to your usual state of health, than which nothing can more effectually afford consolation to me under my present, or any future adversity. We are all perfectly resigned, except on account of the distance from our families, which may occasion such solemn scenes at home without our hearing of them, as we dare hardly think of. Heaven avert it ! We live here extremely retired, and under great restriction as to the liberty of going abroad, having but one mile from home ; how ever, even this we are contented with, except so far as it bears an appearance of guilt, which you know has not been as much as pretended. We have a very agreeable room, and are in a most obliging, decent family, who study to make our situation as easy as possible to us. As yet we have made little acquaintance, though we have received visits and a tender of good offices from several principal inhabitants, particularly from Col. Legate, a gentleman of the first character here, of whom I would say more but that I intend showing him this letter, which he will take the trouble of looking over in order by his certificate to gain it a readier passport. But, my dear, comfortable as our situation is, its great distance from home is such as must deprive us of the pleasure of seeing ment, and never executed a single man for his political principles. When this fact is handed down to posterity by the faithful pages of history, ages hence will rank the Massachusetts among the first people in the world.'' 80 THELIFEOF our families ; it is impossible that your delicate constitution can undergo the fatigue of such a journey, nor if _you came could I ac commodate you in a propepmanner ; I do not mean as to elegancies; these I know you hold as cheap as any body possibly can, but as to what to you would.be absolutely necessaries. I could therefore wish, with all my heart, that we could be fixed at- some place nearer home ; if this could be effected, I should be very, easy in my exile, since the severity exercised towards us by the people of our own State, is such as to make me rather wish to change my rulers. As people here never see punishment inflicted when there is no crime, they are inclined to think charitably of our rulers, and to suppose that as we are punished, we must necessarily be guilty; however, this is only the first impression, which gives way to the clearer evidence of fact. I shall reserve till I have the pleasure of seeing you, a detail of the manner we pass our time. Walking, reading, writing and conversation are the circle ; and I flatter myself, were I to descend to particulars, you would think our time spent very innocently and very rationally, though my removal from Boston has disappointed me in the article of books, which I would have taken with me, if I had not expected to have got all I wanted in the town ; however, Colonel Legate, a gentleman of great reading, has offered us the use of his library. I must forbear entering upon the subject of family concerns or my paper will be too small. In short, assure all my friends of my love and affection. ,«. I am, my dearest Jietsey, Most affectionately yours, P. Van Schaack. TO MRS. VAN SCHAACK. Leominster, 24ih Feb'y, 1777. I wrote you, my dearest wife, last Saturday, being the twenty- second instant, since which nothing has happened to require another letter ; but, as I suppose you have equal pleasure in reading my letters that I receive from yours, I shall never want inducement to write you. I cannot say but your letter, which I received from the same hands you delivered it to, has given me great, uneasiness. Your health, my dear Betsey, is a principal object of my thoughts, PETER VAN SCHAACK. 81 because of all'Ssvorldly enjoyments that is the most important, and as1 such I hope you will endeavor to preserve it by the utmost atten tion to it. Were it not for my anxiety on this subject, I could reconcile myself to my situation ; but the fears which always accompany my earnest hopes of seeing you, are a continual alloy to all my enjoyments, innocent as they are. Your kind concern about me makes a deep impression on my mind, and if the intrinsic importance of your advice could want any thing to recommend it to me, it would be its coming from a person whom I have every motive to love and to esteem. Write me, therefore, very often, if it is but three lines at a time. Yours and the children's health will, I hope, always be the subject, nor must you forget my aged mother. In my last, I gave you such an account of my situation as to preclude all hopes of seeing you here. My utmost wishes are, to be removed so near you as to admit of your coming with our effects to my residence, and this I hope will be attainable without great difficulty ; for, in the name of common sense, what difference, will it make to the United States whether we are a hundred miles far ther east or west, and who ever would have dreamed that the American cause would be affected by our being here or there ? Risum teneatis amid? Tell Peter Van Dyck to translate this for you. Monday morning, 3d March. " As cold water to a thirsty soul, so is good news from a far country," says the wise man. Heaven grant we may soon experi ence this pleasure ! for we begin to grow extremely impatient, having heard nothing from home since your letter of the 11th ; — indeed, I fear that we shall have very few conveyances for letters till May if we remain here, this being a place, as I have told you before, remote from the post road. In my last direction to you for sending your letters, I mentioned that it would be best to send them to Westtown, but I find now that there is a greater com munication between this place and Worcester, so that it will be best to let them be left there, and you may put them under cover to Thomas Legate, Esq., of this place, and direct them to be left at the Worcester post-office, there being a regular post from that place to this, and the distance about fifteen miles. Mention these 11 82 THELIFEOF particulars to the rest of my correspondents. Tell- Harry and David that I shall acknowledge the receipt of their letters when a direct opportunity offers, having now nothing of consequence to write them ; communicate the same to Doctor Van Dyck, when you see him, with my best respects to him, his good lady and my namesake. Remember me most affectionately to my mother, and all the different branches of the family, and likewise to your uncle and aunt. Kiss Harry and the little one for me. I am, my dearest Betsey, Yours most affectionately, P. V. Schaack. TO- Leominster, 1th March, 1777. Dear Cousin :* If I have not reproached myself several times for not writing you as I promised, I have at least been uneasy that I have not done it — not that the neglect was wilful, or that I am without reasons to apologize for my silence. Far from it. I could give you a de tail which would fully satisfy you, but that it would be unentertain- ing; you must therefore accept of my word instead of proof. If) then, I had such cogent reasons for my silence, it might be asked, whence arose my uneasiness about it ; a promise of this kind in the nature of it being conditional, and implying a right of dispens ing with it when it could not be complied with without great in convenience ? I say, this might be asked, but not by you, I am sure ; whose mind has been so early tinctured with the principles not only of virtue, but of honor, the handmaid of virtue, that you will easily account for the uneasiness which is felt at the bare appears ance of inattention, in a case of so delicate a nature as that of a promise. To a young gentleman it should be inculcated as a prm> ciple, that the least violation of a promise should be viewed with horror, and that his mind, in this respect, should be so pure as not only to be " innocent, but even unsuspected." The first object of attention, indeed, in morals, is the appro- * Some young friend. PETER VAN SCHAACK. 83 bation of one's own conscience, and the greatest happiness, the mens sibi conscia recti ; but a respectful regard to appearances, as they relate to the opinion of others, will also have great weight on the conduct of a man of sensibility. Negligere quid de se quisque sen- tiat, non solum arrogantis est, sed etiam omnino dissoluti. Thus much by way of preamble to a correspondence, which I hope will be punctually maintained by you. I wrote your good papa while I was at Boston, and doubtless you have heard of my removal ; had I remained there, I should have had more subjects for writing, as well as more frequent con veyances for my letters. That town, the capital not only of this State but of all New England, is situated on a peninsula communi cating with the main land by a narrow neck upwards of a mile long, which is all paved. The town is about as large as New- York, full as compact, and the streets as irregular ; the most con spicuous public buildings are the Town-house, in which the general court sits, and Faneuil Hall, where public town meetings are held, and in which we attended the selectmen. On the west side of the town is Beacon Hill, a very high eminence, which commands a most extensive and delightful prospect of the harbor on the south, which is interspersed with a great number of islands, among which is that whereon the castle stands. On the east, you see the ruins of Charlestown and Bunker's Hill, rendered famous by the blood which was shed on it, in the battle, the 17th June, 1775 ; and to the northward is Cambridge, a beautiful little town, in which is a famous college. From this eminence there is a view of a great extent of country, Roxbury, Dorchester, &c, at which places, as well as on the neck, Bunker Hill, &c, are a number of fortifica tions, erected during the two last campaigns. This State is very extensive and extremely populous, containing a great number of towns, which along the road we came are almost all thickly settled. Of the government and police of this State I shall say but little, though it is a subject most worthy the inquiry of a young gentleman whose education qualifies him for the know ledge of politics, and who may one day be led to hold a public office ; I cannot however help observing, that most offices here are elective, and the representation more complete than in any State I have known; the duration of representative bodies is short, by ,84 THE LITE OF which means they are continually reminded of their dependence on the people, which is the only source from whence all power in civil society is derived. I have now given you a specimen of my disposition to cultivate a correspondence with you, and hope you will discover the like. Pray do not be sparing of your pen and ink. Your time you can not better employ than in epistolizing in the unreserved familiarity of friendship. Such an intercourse will assist your invention, ena ble you to methodize your thoughts, and accustom you to express yourself with ease and correctness. By the by, let me recommend to you the reading of the first volume of the Prseceptor, wherein you will find some hints on this subject well worth your attention, and exemplified by several letters of some of the greatest geniuses of the present century. I hope you will not fail writing me often ; for hearing of the welfare of friends, to those who, as the poet says, are "eating the bitter bread of banishment," is of all other consolations the greatest. Present my respects to your papa and mamma, and your aunt over the way, to whom I have not been able, as you may judge, to perform my promise of sending them some oranges, &c. The confusion attendant upon the removal of the Convention from Fishkill, (which took place on the fourteenth of February,) and their reassembling five days afterwards at Kingston, may account for their omission to transmit to Mr. Van Schaack their order for his attendance. Mrs. Van Schaack, (whose anxiety, increased by her delicate state of health, on account of her hus band's absence, will be appreciated,) having accidentally heard of the order, wrote to Mr. Jay for a copy. JOHN JAY TO MRS. VAN SCHAACK. Fishkill, 12th March, 1777.'' Dear Madam : Your letter of the third inst. was sent me a few days ago by Mr. Robert Benson, at Kingston. He informs me that the Con vention, understanding that it related to'business of a public nature, . opened it ; and that, agreeably to your request, a copy of the order for Mr. Van Schaack's appearance was immediately transmitted to PETER VAN SCHAACK. 85 you. I am at a loss to account for its being so long delayed. The order was passed before the Convention removed from this place. Had I suspected the neglect, it would have been prevented. I am exceedingly sorry to hear of the indisposition of one of the children, and feel very sensibly the distress which Mr. Van Schaack's absence must occasion you. I flatter myself it will not be of long duration, and sincerely hope, as he will now have his election, that he will prevail on himself to join with, and remain in the country. Mrs. Jay continues to recover slowly from the ef fects of her former indisposition. She presents her compliments to you. I am, dear madam, with great truth, Your friend and humble serv't, John Jay. P. S. I shall set out for Kingston to-morrow. On the fourth of April, Mr. Van Schaack appeared in person befbre the Convention, and that body passed the following order : " Whereas many important affairs highly interesting to the public, at present so engross the attention of this house, as not to admit of their proceeding to a consideration of the memorial of Peter Van Schaack, Esq., "Resolved, That the said Peter Van Schaack return to his usual place of abode, on his parole, to remain there till the fur ther order of this house, or future executive power of the State ; and in the mean time, neither directly or indirectly, to do or say any thing to the prejudice of the American cause ; and that one of the secretaries do take the said parole."* It is not a little remarkable, that after having been so uncere moniously banished to another State by the Convention's Commit tee, and hurried off to Boston without even giving him time to arrange his private affairs, Mr. Van Schaack should have been re called by the Convention, upon his own letter, and, at a most crit ical conjuncture of American affairs, directed to repair to his usual place of residence near Hudson's river, without any investigation, and there suffered to remain unmolested for more than a year, * See Appendix G, for parole. 86 THELIFEOF upon his individual parole of honor ! The Convention could scarcely have deemed him a very dangerous man ; if, indeed, they were not staggered by his arguments, which is understood to have been the fact. The interesting essay which follows, is a pleasing specimen of refined sentiment, and chaste writing. It appears to have been " written at Kinderhook, and occasioned by a particular conversa tion, in August, 1777." " 'Nullius addictus jurare in verba magistri.' " Civil wars arise from a difference of opinion between mem bers of the same political community, respecting the extent of the reciprocal rights and duties of the sovereign power, and its sub jects. When the one side thinks the rule of right has been trans gressed by government to a certain degree, they resist what they think a usurpation, or an unlawful exercise of power ; the other side, conceiving no wrong done, or not to a degree to justify resist ance, supports, or at least adheres to the government. We all know that governments have been opposed without sufficient cause in some instances, and in others they have been supported when there was cause to justify resistance. The precise dividing points between the lawfulness and the criminality of opposition cannot be ascertained ; it being a question mixed of right and fact, and as different minds will draw different conclusions in the balancing of facts, they will apply the rule of right differently, and hence it is no wonder there should be a contrariety of sentiment. " That legitimate governments should be supported, and that tyranny may be opposed, are principles equally incontestable; but what in fact is the one or the other, is .left to the private judgment of every individual, who is accountable for his errors either in foro conscientue, as for the violation of a moral duty, or in foro humano, as for the transgression of some civil obligation, or in both, accord ing to the nature of the case. " If it be true, in the abstract, that government should be sup ported until it violates its contract with the people, then, to charge a man with want of principle who refuses to join in opposition to it, is illiberal ; to punish him, is intolerance and persecution. On the other hand, if it is true in the abstract, that government may be PETER VAN SCHAACK. 87 opposed when it transgresses to a certain degree, then, to charge the supporters of opposition, in a particular case, with want of princi ple, merely for that opposition, or merely for pursuing measures necessarily connected with it, is equally illiberal, though, for the reasons hereafter mentioned, punishment may be justifiable from the necessity of the case. " We may think our opponents wrong, and be justifiable in think ing them so, but it is uncharitable to charge them with want of principle for their difference in opinion from us. A man may err, and yet, having taken all due pains to inform his mind, he may be innocent. As when he acts against the light of his own conviction, he is in a moral view criminal, though he should even take the side which in itself is right. How, then, are we to act, and by what rule shall we determine which of the contending parties is right 1 The answer is plain : we must impartially consider the question, and found the dictates of our own judgment upon the result of a fair inquiry. If we err, having taken due means of information, it is not our fault, but our weakness — humanum est errare et nescire. May then both parties be right 1 No, but individuals may be inno cent on either side, though opposites. Hampden and Falkland took opposite sides, but who so bigoted as to charge either with want of principle in the part he acted 1 " Has a man a right, then, to charge me with acting a corrupt part because he is fully convinced of the justice of his own cause, and the error of mine 1 The negative of this is evident, because I may insist upon the same right myself against him ; but should I do so, he would charge me with violating the sacred right of private judgment, and so do I him. I would ask, who has constituted you the judge of the rule of right for me, and what claim have you to infallibility 1 Do you not differ in opinion as much from me as I do from you, and have I not as much right to blame you as you have me for this difference 1 In short, every one of your charges may be retorted on yourself, and this should teach you a lesson of toleration and forbearance, of doing as you would be done by, and of judging as you would be judged of. " However, this charitable construction of the motives of our opponents can obtain only while they pursue fair means — rectum recte, legitimum legitime. But when they are guilty of using 88 THELIFEOF means which no end can justify, being in themselves bad, and opposite to the natural or revealed laws of God, we must then consider their actions as stronger indications of the temper of their minds than words, and form an estimate of them accordingly ; but even then it may be well for us to reflect, whether some irregu larities may not proceed from the difficulty of the times, and the frailty of human nature, rather than any peculiar depravity of heart, and to recur to the history of other ages and countries, wherein examples have not been wanting of persons of eminent characters, yielding to the violence of the times, in violation of their better principles. " This much may suffice, considering this subject in a moral view, and how far we may, consistent with the principles of Christian charity, charge those differing from us with being influenced by wicked motives; — what conduct may be observed towards them as members of society, is quite another question. " In civil wars, I hold it there can be no neutrality ; in mind I mean. Every man must wish one side or the other to prevail, and if it was in his power to make the scale preponderate, he would not withhold his mite. If possibly there should be some excep tions, they are so few as rather to prove than invalidate the princi ple ; and these singular cases cannot be an object of general regu lation. The ruling powers, therefore, have a right to consider every person, who does not join them in action, as averse to them in opinion ; which will appear the more reasonable, as civil com motions are of such a nature as to give life and activity to the most powerful affections of the human mind. " Have they then a right to punish a mere difference of senti ment ? By no means. Punishment, as such, is due only to overt acts, to the transgression of some known law ; and that there may be a strict neutrality in practice, is beyond dispute. " Here a distinction occurs between the rights of the govern ment which is resisted, and of those in power making the resist ance. The latter can only be considered a voluntary association, having right to command the active personal services of such alone as have joined them, though they may punish the transgressions and overt acts of others committed within their jurisdiction ; but it is their indispensable duty, to permit every man to join the side of PETER VAN SCHAACK. 89 government who chooses it ; or if, for prudential reasons, they would restrain the adherents of government from this their undoubted right of election, they ought to exempt such from the active obe dience of subjects, and at most consider them as prisoners of war, and lay them under restraints proper to that situation ; but in this, as in every other instance of power exerted by one fellow creature over another born to equal rights, no further restraints are justifi able than necessity, under all the circumstances of the case, requires for the public safety. " The old government, on the other hand, has a right to consider all its former subjects still as such, and to punish the delinquents against the laws of that government ; for when the rights of gov ernment, as such, interfere with the private judgments of individ uals, the latter, from the necessity of the case, and the impossibility of reconciling, in this instance, public with private rights, must yield ; always understood that persons refusing compliance are pun ishable only according to the laws in being. " When I speak of the rights of government, and of those in resistance to it, it may be objected that right cannot be on both sides ; that either the government is dissolved, and then its author ity is at an end, or it is in force, and then opposition to it is rebel lion. This requires explanation. " That one side or the other is wrong is certain, because of contradictory propositions one or the other must be false ; but to decide which this is, is in the power of Omniscience alone : with us it is matter of opinion only ; in our opinions we differ, and to the Almighty is the appeal made. Before the decision is made, we can only say that we have a full persuasion, and that our minds are fully convinced, and according to that persuasion and that conviction that we have embraced our side. Our opponents claim the same right, and with equal justice ; nor can either party justly charge with want of principle, or punish the other, merely for this difference of sentiment. Till the end of the contest, there fore, we may speak of the right of either party though in direct opposition to each other, treason and loyalty being one thing with the one party, and the reverse with the other. " Government asserts its authority and insists upon the resist ance to be rebellion ; every thing, therefore, that a government 12 90 THELIFEOF can lawfully do to quell a rebellion, I term right in a relative sense. The opposition declare the government dissolved, and the subjects therefore released from their allegiance ; every thing, there fore, that a people in such a case have a right to do, I also call justifiable ; I mean while the war is depending, for if the end is just, (which the case supposes,) the means necessary* to effect it cannot be wicked. But as soon as the contest is ended, then every thing done by the vanquished party, by a retrospective view, is tainted with guilt. If the government fail, it is then a revolu tion by the abolition of arbitrary power ; if the other, it is then treason against legal government. " But is the event always right? have the asserters of freedom never failed, and have tyrants never succeeded 1 God forbid this should be as asserted ; history is full of the most glorious efforts proving abortive, and of the most flagitious which have been crowned with unmerited success. I only declare how these mat ters really operate, and how in fact and from the necessity of the case, they are considered among mankind, when there is no earthly umpire between the contending parties. " But our opinions we still may enjoy unaltered by the event, and if they have been formed with due care, and been supported only by justifiable means, we shall stand acquitted for them at the solemn tribunal of the Searcher of hearts, though we may suffer for them here, where our motives cannot be known, and where our actions are to be canvassed by judges fallible as ourselves. " It may be said, that if every man has a right to judge for him self of the side he is to take, and if we may not justly charge him with acting from corrupt motives because we cannot pry into them, how can any man be liable to punishment, which can only be in flicted for acts of the will, and not for errors of the understanding, if he fails 1 Does the nature of the action vary from the acciden tal circumstances of its being successful or otherwise 1 To this I answer, that I only insist that we have no right to charge him with * " It cannot be inferred from this, that every means of every kind, without regard to the principles of natural justice and the laws of nations, are au- thorized ; on the contrary, it can only be understood to mean lawful means, measured by those established rules : for when an end can be attained only by means in themselves unlawful, that end is itself unjustifiable The prop- ositidn must always be understood in a moral as well as physical sense." PETER VAN'SCHAACK. 91 moral turpitude;' his motives can be known only to the Supreme Being, and by him only punished. But, as a member of society, be his intentions never so pure, he is amenable to those known laws which he has transgressed. Human judicatories cannot judge of his motives, as such, but they may and must judge of his actions, or there is an end of society ; and according to what laws will his conduct be tried, but according to the laws and rules of that power which has the sword 1 " Upon the whole, I contend only against a spirit of intole rance, which in theory opposes the doctrine of Christian charity, (a doctrine so friendly to this state of human infirmity,) and in practice leads directly to persecution ; nor under pretence of mutual toleration and forbearance, would I wrest from the civil magis trate either the ' balance or the rod.' I would hold up his jurisdic tion in its full extent, and though a man acted from motives pure as an angel's, yet if in practice he violated the laws of the society he lives in, he is a proper object of punishment. 'If I am right, O, teach my heart Still in the right to stay ; If I am wrong, thy grace impart To find that better way !' " We find upon this production the following indorsements, made by Mr. Van Schaack, at different periods. " New-York, 1st Oct., 1778. 'Hoc tempore nihil scribi aid agi potest, quod non pateat ca lumnies ; nee rarofit, ut dum agis circumspectissime, utramque par tem offendas, quum in utraque pariter insaniant.' Erasmus. " London, 8th Sept., 1779. ' The conversation we have had, as well as the reflections of my own mind on past events, would, if I were condemned to my body again, teach me great moderation, in my judgment of per sons who might happen to differ from me in difficult scenes of pub lic action : they would entirely cure me of the spirit of party, and make me think that, as in the church so also in the state, no evil is more to be feared than a rancorous and enthusiastic zeal.' — Litt. Dial, of the Bead., — Lord Falkland and Mr. Hampden. 92 THELIFEOF ' In faith and hope the world will disagree, But all mankind's concern is charity. All must be false that thwart this one great end, And all of God that bless mankind, or mend.' — Pope. ' Both acting out of principle, and equally men of honor.'— Pope. ' Parties ran so high, in the reign of Queen Anne, as to allow no commendation to an opposite in politics.' — Warb. Not. on Pope's Essay on Criticism. 'We see men at their whole length in history, and we see them generally there, through a medium less partial at least than that of experience ; for I imagine, that a whig or a tory, whilst those parties subsisted, would have condemned in Saturninus the spirit of faction which he applauded in his own tribunes, and would have applauded, in Drusus, the spirit of moderation which he despised in those of the contrary party, and which he suspected and hated in those of his own.' — Bolingb. Lett. 11th on History— Vattel, Vol. II. p. 108 seq. Great was the terror and dismay into which the inhabitants of the city of Albany and of the surrounding country were thrown, in the months of August, September and October, 1777. Colonel St. Leger, with the forces under his command, composed chiefly of Indians, was invading the State by way of Oswego and- the Mo hawk river. General Burgoyne, with a formidable army, was approaching Albany by way of Lake Champlain, and the British fleet under Sir Henry Clinton, having on board a strong land force, were preparing to ascend the Hudson. The Albany committee, " in consideration of the present distressed situation of the country," voted, that the welfare of the State required that the Council of Safety should come and sit at Albany ; and they " resolved, that the quarter-master and the committee appointed to take the lead out of the windows, do immediately enter upon that necessary business." In October, as the British forces from'New-York were moving up the Hudson river, with a view to a junction with Gen eral Burgoyne, laying waste all before them, the terrified inhabit ants of Albany were fleeing, in all directions, for escape from the advancing foe. PETER VAN SCHAACK. 93 The retreat of St. Leger, in the latter part of August, and the consequent relief of Fort Schuyler and the Mohawk valley, was succeeded, in October, by the more decisive capture of the British army, at Saratoga. This gave a new and flattering aspect to American affairs. The latter event called into exercise that magna nimity, and noble generosity, which formed such prominent traits in the character of Philip Schuyler. Upon no occasion were these enviable characteristics of that remarkable man, and brave soldier — to whose memory the literature of his country has not yet awarded the justice of a biography — more conspicuous, than when the for tunes of war had placed in his power an overbearing foe. Upon the surrender of General Burgoyne, and the royal army under his com mand, to the American forces at Saratoga, General Schuyler made studious provision for the comfort of the distinguished captive, with some other British and German officers, under his own hospitable roof at Albany, whither they were conducted soon after the capitu lation. These guests, it should be remembered, had but a few days before applied the torch to the valuable mills, country seat, and other buildings at Saratoga, of their now attentive host. The British General entered Albany in a very different man ner from that which he had anticipated. Flushed by his early successes in his progress from the North, he had in his windy man ifestos proclaimed an easy victory ; and he was understood to have boasted of his ability to secure " elbow-room" for his troops, to the contemplated point of junction of the two royal armies. When he en tered that city as a prisoner of war, instead of a " conquering hero," the progress of the procession was suddenly retarded in a confined passage of one of the streets, by the immense concourse of citizens, who turned out en masse to behold the joyful spectacle. At this juncture, a spirited Dutch matron, standing at the door of her dwelling, and in hearing of the humbled Briton, called out to the crowd, (with perhaps as much rudeness as severity,) " Make el bow-room for General Burgoyne." A little incident, also, occurred during the stay of Burgoyne and his officers at General Schuyler's, which is worthy of mention. Major General the Baron de Reidesdel, one of those officers, was accompanied by his lady, and several young children. Not long after their arrival, one of Madame De Reidesdel's little girls, after 94 THELIFEOF frolicking about General Schuyler's spacious and well-furnished mansion, ran up to her mother, and with all the simplicity of youth ful innocence, inquired in German : " Mother, is this the palace father was to have when he came to Am erica ?" The blushing Baroness speedily silenced her child. The teeming question, which was asked in presence of some of General Schuyler's family, by whom the German was understood, as may be imagined, was well calculated to disconcert her. PETER VAN SCHAACK. 95 CHAPTER V. The state of Mrs. Van Schaack's health, which for some time previous had been gradually declining, became very alarming in March, 1778. She was exceedingly desirous of visiting the city of her nativity, and, in the peculiar state of her mind, it was also the opinion of her physicians, that her native air and proximity to the sea might produce more beneficial effects than all the powers of medicine. The city of New-York was then a British garrison, intercourse with Avhich was inhibited. Under these circumstances, Mr. Van Schaack made application to the Governor of New-York, for per mission to visit the city with his suffering wife. The correspondence on this subject, which was carried on through Mr. Jay, (who was the Governor's private secretary,) is interesting in itself, and as elucidating the privations of civil wars. TO JOHN JAY. Kinderhook, lBth March, 1778. Sir: The declining state of health, which Mrs. Van Schaack has long labored under, and which of late has become more threatening in consequence of a violent cough, slow fever, and other consumptive symptoms, has made her extremely anxious to go down to New- York and Long Island, in hopes that the change of air and the sight of her friends, may contribute to her recovery from a disorder which has hitherto baffled the power of medicine. In consequence of her importunity, therefore, I take the liberty of troubling you with the delivery of the inclosed petition to the Governor. I own to you, sir, I have felt some embarrassments on this occa sion, and would have prevailed on her to make the application for herself only ; but as she declines going without me, on account of 96 THELIFEOF her precarious situation, and the uneasiness of mind which, in those circumstances, in absence she would labor under ; and as her go ing down is nevertheless recommended by her physicians as prom ising very salutary effects, I have determined at least not to be wanting to myself, and to save my mind from that regret which I should feel in case of a calamity, which I might hereafter have reason to think I had omitted any means in my power to prevent. I therefore trust this to your candid interpretation of the true motives of it, assuring you that I am, from principle, as much as any person can be, averse from soliciting any thing of a gentleman in a public character, which it would be inconsistent with his station to comply with ; nor would I either insult your character, or expose my own weakness by any application which would savor of this ; for of all men I know it would be most ineffectual with you. But, though there may be considerations superior even to those of humanity to individuals, yet when both can be recon ciled, a benevolent mind will not want inducements to seek the occasions of doing it ; and I flatter myself examples have not been wanting, in similar cases, and in ages not more enlightened, and in nations not more civilized, to justify either the request or the granting of it. Anxious, however, to preserve a consistency of conduct, I have considered this application under all the circum stances which my imagination could suggest, and as I cannot per ceive that I desire any thing which, were our situations reversed, I would not readily admit, I stand at least acquitted to myself; but as you are the proper judge of the propriety of your interference in this matter, should you be of a different opinion, I shall acquiesce, and trust I shall find resources in my mind to support me under every misfortune not incurred by my own fault, or wilful neglect, which may befall me. Should it be thought material to inquire into Mrs. Van Schaack's real situation, Dr. Bard, who has seen her, can give the necessary information ; and if the request is admissible, I will cheer fully enter into any engagements which may be required from rea sons of a public nature. I am, with great esteem, Sir, your most ob't humble serv't, Peter Van Schaack. PETER VAN SCHAACK. 97 TO PETER VAN SCHAACK. Poughkeepsie, 26th March, 1778. Dear Sir : Your favor of the 18th inst. has been received, and the petition it covered delivered to his Excellency the Governor. I am request ed by him to inform you, that however desirous he may at all times be to comply with the dictates of humanity, yet that prudence for- . bids all communication with the enemy except such as reasons of state may warrant. As the Legislature are now sitting, and you have his Excellency's license to come to this place, he thinks an application to them would be more proper, especially as questions might possibly arise respecting the prudence, and perhaps the au thority of a governor, in consenting to a measure which private considerations only may render proper ; and the more so, as a pre cedent of this kind would open a door to many applications of a similar nature, though perhaps less proper to be complied with. The Governor will readily transmit any open letters you may write to your friends in New-York, and permit medicine, and the like necessaries, to be sent from thence to you. Nor will he have any objection to give you and Mrs. Van Schaack a pass to go to any place not in the possession or vicinity of the enemy, which you may think more friendly to her health. I sincerely sympathize with you, on the condition of Mrs. Van Schaack's health. Be so kind as to present my best respects to her. I am, dear sir, your most obedient servant, iJohn Jay. TO JOHN JAY. Kinderhook, 30th March, 1778. Dear Sir: I received your favor of the 26th inst., and am sorry to find that my request has been rejected. However, as my expectations were not very sanguine, the disappointment is not so great to me as to Mrs. Van Schaack, who had flattered herself with hopes, from viewing only the humane side of the question, without entering 13 98 THELIFEOF into those reasons which a peculiar combination of circumstances may render unanswerable. The only ground upon which I expected to succeed, was an assurance that I would remove every objection which might be made in my own particular case, by engagements which I hope I shall always think binding. My addressing the Governor on this occasion, and not the Legislature, was not any effect of designed omission of any rule of propriety or form, for my first intention was to have ad dressed the latter ; but on recurring to the terms in which the order of the late convention relative to me, and my parole in con sequence thereof, are conceived, it appeared to me that I was more immediately under the direction of the executive power. However, as his Excellency has a delicacy about interposing in this matter, I shall not again trouble him on the subject, and the rather as I feel the highest sense of his polite and humane atten tion to the distressed situation of my family, in granting me his indulgence in the instances you mention; nor will Mrs. Van Schaack's extreme weakness admit of my leaving her to make an application to the Legislature ; indeed, sir, I could not leave her a night without great uneasiness. I do not, however, despair entirely of her recovering a little more strength, and as riding and a change of air would be conducive to her health, I shall avail myself of his Ex cellency's kind offer of a pass, upon the first favorable appearance. The sea-coast would be preferable, but this will be impracticable for several months; my present plan, therefore, extends only to this and Dutchess county, and the western towns of the Massachu setts Bay, and I hope this will not be disagreeable to his Excel lency. '' In consequence of the Governor's indulgence, I beg leave to trouble you with an open letter to a friend in New-York, contain ing a memorandum of things, which in some form or other are almost all prescribed for her use. However, if there is any objec tion to it from its being more extensive than was designed, I am content to abridge it. If, on the other hand, the whole should be thought too trifling to be noticed, as I hope will be the case, and should there be any articles Mrs. Jay might wish to have, I should be glad they might be added, either by increasing the quantities of what I have written for, or by adding others. If the Governor I I, PETERVANSCHAACK. 99 consents to the letter going down, I should be happy it might be known at the posts below that the things to be sent have his Excellency's license. Mrs. Van Schaack begs her compliments to you and Mrs. Jay, and thanks you for all the trouble you take on her account. I am, respectfully, dear sir, Your most ob't serv't, Peter Van Schaack. TO PETER VAN SCHAACK. Dear Sir : Your favor of the 30th ult. this instant arrived. I have in closed it to the Governor in statu quo, and have no doubt of its being as successful as our stockings formerly were, under the auspices of your tutelar saint. Your offer of additions is very obliging. It will not be long before I visit Albany, and I have too good a mem ory to forget the hospitable house on the hill. I hope the pipes will get there before me. The wise ones say we shall all go to New-York next winter. I pray God that Mrs. Van Schaack may yet find herself very well there. I verily believe that a little riding, sailing, laughing, &c, would be, of infinite service to her. An inflammation in my eyes, has for some days confined me here. On Monday I shall be at Poughkeepsie. Any services in my power, command ; I mean never to forget my friends, however different our noses, or sentiments may be. Adieu. I am sincerely yours, &c, John Jay. P. S. Mrs. Jay is a little indisposed. Be pleased to present her and my compliments to Mrs. Van Schaack. TO JOHN JAY. Kinderhook, 6lh April, 1778. Dear Sir : Nothing would give me greater pleasure, than your promise of a visit in your way to Albany. You have anticipated my request, but not my wishes for this favor, which I intended to have solicited when I last wrote you, but — in short, you will know my feelings 4- 100 V- THE LIFE OF Hi better than I can describe them. Most sincerely do I wish the prediction of the wise ones may be verified ; — once more to enjoy those social and rational hours, of which you and I have passed so many together, would be the height of my wishes. I could then say nunc dimittis, or rather I might wish to live forever. A recol lection of those happy scenes, of our clubs, our moots and our Broadway evenings, fills me with pleasing, melancholy reflections —fuimus Troes,fuit Ilium. I shall have a pipe for you, though not of those sent for. The house on the hill never had a more heartily welcome guest, than will be my old friend to the present tenants of it. Your friendly offer of services is very flattering to me. — I never doubted your friendship ; yet I own that was not the ground upon which I expected to succeed in my late application, and I verily believe, with the same knowledge of your character, I should have ventured to make the same request of you, though I had been a stranger to your person. As a man, I know you would espouse the petition, if public considerations did not oppose it ; and if they did, I knew no friendship would be sufficient to prevail on you to do it. As I should be glad to be at Albany when you make your public exhibition, if Mrs. Van Schaack's health will admit of my absence, I wish you would bring with you the pass his Excel lency was pleased to consent to give me, which will prevent the necessity of troubling him again. Mrs. Van Schaack desires her compliments to you and Mrs. Jay, who, we hope, will accompany you up. She is somewhat better than she has been, and if you can but persuade her that her recovery may be effected without going to New- York, it will be doing her an essential service, though the task may be a little difficult. I am sorry you did not agree to make the proposed additions, though I hope you will have no ob jection to a division, if my tutelary saint should smile on my ad venture. I am, with great respect, Your most obed't servant, Peter Van Schaack. PETER VAN SCHAACK. 101 TO JOHN JAY. Kinderhook, 15th April, 1778. Dear Sir : It is no less painful to me, than I fancy will be disagreeable to you, the subject of this, and of my former letters. When I wrote you last, Mrs. Van Schaack's situation put on some favorable ap pearances, from which I was flattered with the hope that she would be enabled to make such excursions as might supply the want of a jaunt to her native place. These were, however, of short duration, and have been succeeded by symptoms which threaten her in the most imminent manner. All ceremony, on my part, was now to give way to the emergency of the occasion, and I determined, as the last resource, to address the Legislature ; un fortunately, I heard to-day that they have adjourned ; but suppo sing that some of the members competent to this business may be sitting during their recess, I still send my petition. Having fully weighed this matter, I can conceive of no objec tions which may not be obviated, and the design of this letter is to tell you, that haying in view nothing but the hope of prolonging my wife's" life, or of making her last days more satisfactory to her self, I am willing to enter into the most sacred engagements, and to submit to the most particular restrictions with respect to my conduct, and that I will totally abstain from every kind of political conversation, and neither communicate any intelligence, nor re port any upon my return, but merely confine my jaunt to its true and only purport — the making a trial of its efficacy towards re storing her health. Should any thing be attempted to be drawn from me, repugnant to the true meaning of those for whose satis faction this would be done, which, however, I cannot think, there is no severity I would not undergo, sooner than, in the least de gree, to violate an engagement voluntarily made, justifiable in every view, and productive of a benefit so essential to me. My being thus particular, arises not from vanity or ostenta tion, nor from a supposition of any ability in me to injure the pub lic measures ; much less would I have it thought to imply a con cession that I would wish to do so, but because I know that in times like those we live in, jealousies are natural. But, fears and 102 THELIFEOF apprehensions which are to obstruct a measure otherwise reasona ble, with men of sense will have some object : this object, in the present case, I would endeavor to discover, and am willing to ob viate, be it what it will, so far forth as any engagements on my part can do it. I could therefore wish that you would consider this matter, and if any possible method can be devised to gratify Mrs. Van Schaack, that you will endeavor to effect it. I cannot think that her wish is the effect of caprice, though it is certain that the desires of diseased persons have often repaid the temporary uneasiness they have occasioned, by contributing, when gratified, to a lasting cure ; but in this case, sir, her physicians urge reasons of the most cogent nature, of which I could transmit you proofs if they were .not premature, till I know whether, if proved, the fact would be deemed material. I would not by any means make observations which might give offence; but what danger can arise from this measure1? what intelligence can I gjve 1 are not persons daily going to and fro, (and must not this necessarily be so in time of war?) who from their stations have opportunities to acquire information which I cannot be supposed to have, and who go free from restrictions which I will submit to 1 Indeed, I have heard of instances of per sons being permitted, in Jersey, to go in on parole to see their friends. That your confidence has been often abused, I do not doubt ; this is a common complaint in private life, as well as pub lic ; but an indiscriminating distrust cannot from thence be inferred to be either politic or just. From the tenor of my application, you will understand that my fixed determination is to return, nor are there any considerations relative to myself merely, to induce me to wish to go on any other terms. It must be a hard alternative indeed, that would prevail on me to quit my native country. Prospects of pecuniary advantages I think would not tempt me ; indeed, were 1 inclined to urge con siderations relative to myself, my own state of health, affected as it is in a very tender organ, might perhaps justify me in extending the grounds of my application. The bearer carries my petition, concerning the delivery of which I wish you to give him directions, unless you will take the charge of it ; but this I do not urge, as I assure you I shall not take PETER VAN SCHAACK. 103 it amiss if you decline it, as interfering in any manner with your delicacy. I have that confidence in you, that I shall acquiesce in your determination on this head, without murmuring. Possibly his Excellency, in the recess of the Legislature, might be willing to grant the petition. I am, with great respect, dear sir, Your most obedient, humble servant, Peter Van Schaack. TO PETER VAN SCHAACK. Poughkeepsie, 18th April, 1778. Dear Sir : Your favor of the fifteenth inst. came to hand last evening. I am fully impressed with a sense of your unfortunate situation, and should be happy were it in my power to alleviate the pain and anxiety it must give you. I delivered your petition, and read your letter to 'me, to his Excellency this morning. He regrets the necessity which opposes a compliance with your request ; but still thinks it his indispensable duty to prevent all intercourse between the inhabitants and the enemy, except such as reasons of state may dictate. His objections do not in this instance arise from distrust. He means to make it a general rule, that no citizen shall, with his permission, go to the enemy on private business and return. He desires me to assure you, that there is no gentleman in this State to whom he would grant the indulgence in question ; but that he will nevertheless be always ready to do you any kind office, which may not contravene the principles by which his administration is directed. Endeavor to prevail, then, my dear sir, on Mrs. Van Schaack, to suspend a fruitless anxiety to visit her former habitation. The time may yet come, and perhaps is not far distant, when that natural desire may be gratified, and when she may again partake of those social enjoyments of which these turbulent times have deprived so many. I should have enlarged, but company this moment comes in, and constrains me to conclude this letter. I am, dear sir, with every friendly wish, Yours, &c. John Jay. 104 THE LIFE OF Mrs. Van Schaack was a member of the Protestant Episcopal Church^and she had advanced far in her Christian attainments. Her removal to the country had deprived her of many religious privileges, which she had enjoyed in the city of New- York, and she sighed for their return, and for the opportunities of public wor ship, and of the ordinances of the church. Several extracts from her letters of a somewhat earlier date, to a female friend in New- York, written during her residence at Kinderhook, will illustrate the state of her mind, and the deprivations for which she mourned : " Christmas. " May grace, mercy and peace be multiplied unto you, my be loved sister ! May you ever serve the Lord, but especially at this jbyful season, when the great God of Heaven deigned to take our nature upon him, and to redeem us from the power of the devil, and make us heirs of eternal glory. Amazing love ! Unparal leled condescension ! O, may our hearts be suitably impressed ! How happy are you that have it in your power to attend the ordi nances of God — to hear his most holy word. This I am deprived of. I have not so much as one experienced person to converse with, and sometimes doubt whether I ever shall have again. * * * How suddenly were my hopes blasted ! Deprived at one stroke of al most every earthly comfort ! My church ! My friends ! My children ! My native place and little family ! * * * Do write me a long letter. Encourage me in the way of my duty. You are capable of it, my valuable friend, and I stand in much need of it. I am destitute of any place of public worship. 0, the blessed privileges which I once enjoyed! I often with tears repeat the words of the Psalmist : 'I sigh, whene'er my musing thoughts Those happy days present, When I, with troops of pious friends, God's temple did frequent.'" In further illustration of the hardships and privations growing out of the distrust excited by a state of civil war, (and which is not one of the least of its horrors,) the following circumstances may be mentioned : PETER VAN SCHAACK. 105 Attached to the medical staff of the British army captured at Saratoga, was a Doctor Hayes, a gentleman eminent for skill in his profession. He accompanied Majors Ackland and Harnage, and the other wounded British officers, from Saratoga to Albany, where he remained for some time. His professional services were not confined to the army at that place, and the information of his great medical skill led to his employment by the citizens of Alba ny, in many critical cases, while his urbanity and gentlemanly de portment endeared him to the inhabitants. He had been consulted in regard to Mrs. Van Schaack's case, and, a few days previous to her death, application was made to General the Marquis de la Fayette, who was then temporarily in command of the northern military department, for permission to Doctor Hayes to visit her, in her then critical state of health, at her residence in Kinderhook, twenty miles distant from Albany. The Committee of Safety in- , terfered with the Commanding General to prevent the excursion, and the humane purpose was thus defeated. This estimable lady died, at Kinderhook, a few days afterwards, — an occurrence to her afflicted husband, under all the circumstances, of the most heart rending character.* * A touching account of the last moments of Mrs. Van Schaack, committed to paper by Mr. V. S. at the time, contains the following paragraph : " She asked me when Mr. Jay was expected here. She wished me to convince him She harbored no resentment for the refusal of her request, [to visit New- York.] I asked her whether she would not also forgive the committee, who had refused to her physician leave to visit her. ' Yes, she forgave them and every body.' Vide Appendix H. 14 106 THE LIFE OF CHAPTER VI. ,.'vThe: state of Mr. Van Schaack's health was now such as to demand his attention ; and he determined to make a voyage to Europe, for the purpose of availing himself of the skill of an expe rienced oculist, in an\ operation upon the cataract in his eye. In view of the numerous severe and trying scenes through which he , had passed, and the reflections arising from which were preying upon his mind, a change of scene was highly desirable ; nor is it 'surprising, that with so many grievous afflictions pressing upon him, his imagination should have " colored high and shaded deep" upon the public measures, as suggested in Mr. Jay's answer to the fol lowing letter TO JOHN JAY. Kinderhook, June 3d, 1778. Dear Sir : We were much disappointed in not seeing you on your return, and the more so as I fear we cannot promise ourselves the plea sure of a visit from you very soon. I intended, under your protec tion, to have accompanied you part of the way down, but when all hopes of seeing you were gone, I took upon me to ride as far as Claverack, for which I flatter myself it will not be difficult to pro cure an indemnity, if it be not justified by what has happened ; however, I could wish to have a pass in form to ride about a little, for which I once before wrote you in a letter that I suspect has never reached you. My friends are continually recommending little excursions, with which my judgment, more I assure you than my inclination, coincides ; but this kind of amusement becomes the more necessary, as I am directed to refrain from reading and writing, which is a restraint peculiarly hard in my present situation; but being calculated to avert a greater hardship, is to be submitted to as much as possible. PETER VAN SCHAACK. 107 The disorder in my eye is now become so confirmed, as to ex clude all hope of relief, but from the hand of an oculist. Under such circumstances, my dear sir, and with the continual apprehen sion of its communicating to the other eye, which would reduce me to a condition infinitely more distressing to me than the terrors of immediate death, what am I to do ? Could a request, on such 'an occasion, to go to Europe, where alone I see a prospect of obtain ing relief, be liable to misconstruction 1 God knows, I would most cheerfully. waive the gratification of such a request, if I could be freed from the necessity which may induce me to make it. I intend ed to have discussed this matter fully, if I could have seen you, and should have wished to hear your sentiments on the subject, before I took any measure relative to it. I am far from expecting that I should be exempt from the common inconveniences, or even cala mities of the country ; but peculiar cases often admit of particular attention, without infringing the justice due to the public, and pri vate humanity is often found compatible with public safety. Fearful of rendering my letters troublesome, by the frequency of my applications, I shall break off. I am, with great regard, Dear sir, yours sincerely, Peter Van Schaack. TO PETER VAN SCHAACK. Poughkeepsie, 26th June, 1778. Dear Sir : It is but three days since your favor of the 3d instant was de livered to me. A fair wind, good company, the prospect of a short passage, and thereby avoiding the fatigue and inconvenience of a journey by land, induced me to return from Albany by water. The letter you mention to have written on the subject of a pass, has never come to hand. On conversing with the Governor, yes terday, on that subject, he told me he lately had the pleasure of seeing you, and had settled that matter to your satisfaction. I am of the number of those, who think exercise and change of air and company, essential to your health. I might add a third requisite — a mind at ease. The two first conduce to the other. Misfortunes, and severe ones, have been your lot. The 108 THE LIFE OF reflection that they happened in the course of a Providence that errs not, has consolation in it. I fear, too, that your sensibility is wounded by other circumstances — but these are wounds not to be probed in a letter. Could we now and then smoke a few pipes together, you would perhaps be in a better humor with many things in this world, than I think you now are. I suspect your imagination colors high and shades too deep ; but more of this an other time. A voyage to Europe may as well be postponed, and that for two good, reasons : first, because a passport will not be attainable at present ; and secondly, because I believe delay will not be attended with danger. My belief arises from the fol lowing facts. About five years ago, a blind Frenchman, who had been main tained several years by the parish of Rye, was brought to my brother. He had lost one eye fourteen, and the other five or six years. The sight of both eyes was equally opaque, and both equally useless. My brother chose to operate only on one at a time, but told me it was of little consequence on which of the two, for that the difference in the time was of no moment. He opened the one which had been blind fourteen years. The man recovered the sight of that eye, and requested the like operation on the other, but my brother declined it, on account of the connection, or sym pathy, which he said subsisted between the two. You mistake me much, if you suppose the frequency of your letters or applications, troublesome to me. I assure you it would give me pleasure, were opportunities of being useful to you more frequent than either. When you was last here, fourteen miles more would have carried you to Fishkill. That little ride would have been a gratification to me, and not unpleasant to you. What detained you1? Was you not sure I would be glad to see you? God bless you, and give you health. I am, dear Peter, affectionately yours, &c, John Jay. In the interval between the dates of the two preceding letters, Mr. Van Schaack obtained permission from the Governor of New- York to visit England, for the purpose before alluded to, as soon as the state of the country should admit of it. An unexpected PETER VAN SCHAACK. 109 event shortly afterwards occurred, to influence and accelerate his departure from his native country, and to swell the bitter contents of his already overflowing cup of afflictions. On the thirteenth of June, 1778, the Legislature of New- York passed the Banishing Act* By this act, the commissioners of con spiracies were required " to cause all such persons of neutral and equivocal characters in this State, whom they shall think have influence sufficient to do mischief in it," to come before them, and to administer to them an oath, the purport of which was, that the individual believed and acknowledged the State of New-York to be, of right, a free and independent State. In case of a refusal to take the oath, the commissioners were required to remove the in dividuals within the enemy's lines, and their names were to be recorded in the office of the Secretary of State. One of the penalties prescribed by the act, was, that all the lands which the person proceeded against held, on the 26th of June, or should subsequently acquire, should forever thereafter be charged with " double taxes." The banishment, also, was to be perpetual, and a return to the State subjected the exile to a conviction for " misprision of treason." On the eighteenth of July, Mr. Van Schaack appeared before the commissioners, at Albany, upon their summons under this act, and having refused to take the prescribed oath, an order was made for his removal in pursuance of its provisions. Justice demands at the hands of the author, the statement, that the proceedings against the subject of this sketch, were not dictated by motives of personal hostility. On the contrary, some, if not all of the commissioners, were his personal friends, and they had taken steps against him with great reluctance. They were not aware, at the institution of these proceedings, of the permission of the Gov ernor, and they assured Mr. Van Schaack, that had they known it, they would not have summoned him, under the act. The com missioners felt compelled to the course pursued, by the letter of the statute ; and high as was their estimation of Mr. Van Schaack's character, and great as was their friendship for him as an individual, they did not feel at liberty to exempt him from proceedings positive- * Vide Appendix I. 110 THE LIFE OF ly enjoined by the Legislature, against all persons of " influence," who had observed a neutrality in the public struggles. FROM LEONARD GANSEVOORT, JUNIOR. Albany, 21st July, 1778. Dear Sir: Uncle Van Dyck told me that you was desirous of having a copy of the act. Tnow inclose it, but whether it is correct or not I cannot say, as I have no time to examine it. I also inclose you an order of the board of commissioners ; as you are desirous of going to New-York, there can be nothing disagreeable in it. I,' could wish, however, that you had permission from the Go vernorf which would take away the force of the act with respect to you. Those gentlemen in town who have refused to take the oath, are served with like orders. I should be glad, as you purpose to leave this part of the world, that you would furnish me with your account against me ; I shall, if you leave directions, pay it to either of your brothers, or if you choose to receive it yourself, you may have it at any time. I am, dear sir, your friend and humble servant, Leon. Gansevoort, Jun. The writer of the foregoing letter was secretary to the board of commissioners of conspiracies. He had been Mr. Van Schaack's law-student, and had but just finished a course of legal studies in his office, at New-York, when the Revolution broke out. The order for his banishment bore the signature of the secretary, and Mr. Van Schaack expressed his surprise to his young friend, and -former pupil at finding his name to such a document, adding: " Leonard ! you have signed my death-warrant ; but I appreciate your motives."* His views in regard to the statute under which proceedings were had, against him, were committed to paper at the time. " Observations on the Banishing Act of the Senate and As sembly of the State of New-York, 1778. * The subject of this sketch, at this time, no doubt looked upon his ban ishment as a' perpetual exclusion from his native country, and as almost equal to death itself. Whether he would ever be permitted to return to the land of his birth, was matter dependent upon future and uncertain events, and upon the unforeseen temper and measures of his countrymen. PETER VAN SCHAACK. Ill " The situation in which the persons within the description of this act are placed, is such as will justify a critical examination into the principles upon which it is framed ; for as it is descriptive of such persons only as by the very act are supposed to be disaf fected in sentiment to the public measures, and yet imposes an oath which is directly repugnant to that sentiment, it is manifest that they are placed in that most disagreeable of all predicaments, of either forfeiting their property, or, by taking an oath opposite to their principles, of sacrificing their integrity. A situation which, when it is considered that it is brought on without any crime, and only for an error in judgment, in a case wherein every person is not only justifiable, but under the most sacred obligation of exercising his own understanding, the humane mind will turn from with hor ror ; and I doubt not but a proper investigation of the subject will enable us to discover some radical error in this proceeding. " It has been said, in the earlier part of this contest, (when we were all subjects,) that even legislative powers were limited — limited by the purposes for which they were delegated — that the duties of sovereign and subject were reciprocal, and that the few were raised above the many, not for the wanton display of arbitrary power, but for the exercise of lawful authority for the permanent benefit of society. " I hope no man will be hardy enough to maintain, in word or in practice, that these principles cease to be truths now, when power has changed hands, or that we are in the miserable situation of ancient Rome, (not in her youth, but in her dotage,) when the contest was, not whether she should be free, but who should be her master. It is the good of society, therefore, which alone can justify acts of severity towards individuals ; but it does not follow from hence, that the pretence of public good, however specious, is ' always a sufficient reason for severity, because there are rights of individuals, the infringement of which even this cannot justify. ' Though punishments be productive of good,' (says the excel! ent Mar quis Beccaria, whom I quote because his authority has the approba tion of the Congress,) ' they are not on that account more just ; to be just, they must be necessary.' * Even an useful injustice,' (he adds,) ' can never be allowed by a legislator who means to guard against watchful tyranny, which, under the flattering pretext of momentary 112 THE LIFE OF advantages, would establish permanent principles of destruction, and to procure the ease of a few, in a high situation, would draw tears from thousands of the poor.' We have, then, a rule whereby to judge of the equity of punishments ; a rule, which, while it allows the sovereign every thing which society was intended to bestow upon him, views at the same time, with a tender eye, the rights of individuals. " The tendering an Oath, involving in it certain speculative principles, and matters of opinion in a contested question, under the penalty of banishment and confiscation of properly, is a severe attack upon the weakness of human nature, and lays a strong temptation for perjury. There are .characters who will perhaps take this oath without hesitation, however abhorrent it may be from their principles ; and even a good man, in so hard a struggle between duty to God, and affection to an innocent family, who will be involved in his ruin, may sink under the weight of the trial. Numbers, therefore, may be tempted to swear, but what security will the public derive from it, is the material question. If the propositions held up in the oath are agreeable to their principles, it adds no obligations to allegiance which did not previously exist; if opposite, is it in point of conscience obligatory? This is a delicate subject, to which I am not led by choice, but impelled by necessity. " I have always understood — and if it is an error, it being a very material one in its consequences, I wish to have it rectified — that an oath to do that which is unlawful, that is repugnant to a duty previously existing, either divine or human, is not Obligatory; and that the lawfulness or unlawfulness, in this case, depends entirely upon the conceptions of the juror, so as to affect the morality of the action, or the binding force of the oath. Thus, therefore, in the present case, it -would be nugatory,ias creating no obligation to the observance : but this is not all, for, according to the highest authorities upon the subject of natural religion, the sin of taking an oath, which in the opinion of the juror is unlawful, would be so far from being expiated by the performance of it, that this would be a high aggravation. " If neutrality merely be a cause of suspicion, then, if apt taking the oath, a man should observe the same conduct, there V-' PETER VAN SCHAACK. 113 will be additional cause to suspect him, and thus, instead of removing suspicion, it would but increase it ; instead of creating a motive to active services, it would but add to the restraints which the person swearing in such circumstances previously labored under. How far the above remarks are confirmed or invalidated by expe rience, you best know ; you have had a trial of near two years, and the number of proselytes you have made, may convince you of the expedience of persevering in the measure. " We may see, therefore, what good the public is to derive from this severe punishment ; how far it is consistent with the jus tice due to individuals, remains to be inquired. We are called before a board for punishing conspirators, when we are acknow ledged to be no conspirators ; before a board unknown to the con stitution of this State, to be condemned without a trial, and to be punished without a crime. The utmost extent of all that is alleged, amounts to no more than a difference in opinion, and that in a case wherein I have a right, and by the eternal laws of God am bound, to exercise my private judgment, and wherein I should vio late the most sacred obligations if I acted against the light of my own conviction. " Had you, at the beginning of the war, permitted every one differing in sentiment from you, to take the other side, or at least to have removed out of the State with their property, as they unquestionably had a right to do ; it would have been a conduct magnanimous and just. But now, after restraining those persons from removing ; punishing them if in the attempt they were appre hended ; selling their estates if they escaped ; compelling them to the duties of subjects under heavy penalties ; deriving aid from them in the prosecution of the war, in many cases while those persons were actually deprived of the privileges of subjects ; at such a time, when no imminent danger is apprehended, on the contrary, when it is confidently said that the war is nearly at an end, now to compel them to take an oath, which the very act supposes to be incompatible with their principles, under the severe penalty of confiscation of property, is an act of such complicated severity, that it is impossible it should stand the examination of a dispassionate hour. " It may be said, that a choice is given to these supposed delin- 15 114 THE LIFE OF qifents; but who is he that will say, that in a question of duty or morality, a man has the choice of performing, or renouncing it ? The galley slave too has a choice, for he has full liberty to prefer the oar or the lash. In March, 1777, likewise, such a choice was given, and how that act was carried into execution, you can tell. " But, while it, must appear astonishing, that your severity should increase in proportion as your danger subsides, I am far from thinking you should be wanting to yourselves. An oath may be framed for persons within the description of this act, every way securing the State, and which upon the principles of morality and a well-informed conscience would be binding ; and this, being the only restraint necessary, is the only one which is justifiable. Complaints that this kind of oath has been violated, and that you have been deceived by specious appearances, when calculated to destroy all confidence, by proving too much prove nothing at all. No argument can be drawn against the force of a lawful oath, from the inefficiency of an unlawful one ; those who refuse to take the one, are the very persons who would keep the other. Measures calculated to make hypocrites, will naturally produce deception. Have you never been deceived by persons who have taken the oath of allegiance 1 why then do you impose it 1 Have you never been deceived by persons active in your service 1 whom then will you trust 1 "If it should be said, that the mere silent influence of persons of character is dangerous to your cause, and therefore that they ought to be removed ; supposing this to have weight, you ought not, however, to add to their banishment any punishment affecting their property. By removing the man, the measure of public jus tice is full ; by adding to that punishment, it runs over. The one derives its justice from a regard to self-preservation, which when well-founded is right; the other is an act of vindictive justice, which is due only to overt acts, and transgressions of known laws. ' Can there be a more melancholy spectacle,' (says the humane Beccaria,) < than a whole family overwhelmed with misery from the crime of their chief V « There are not wanting,- 1 know, among the advocates of state utility and state necessity, (though I hope there are none such among us,) who would like penal acts the better, for perpetuating PETER VAN SCHAACK. 115 their punishment down to the innocent posterity, ' to the end that being always poor and necessitous, they may forever be ac companied by the infamy of their father ; may languish in contin ual indigence, and may find (says a certain merciless edict) their punishment in living, and their relief in dying !' " If these sanguinary proceedings are justly reprobated by every humane writer, when directed against even a criminal and his posterity ; in what terms would they express themselves, when the same measure was directed against — not a criminal, but a man who was not even accused of a crime, but solely blamable for a differ ence of opinion, and for possessing a greater share of influence, derived from the opinion entertained of his integrity, or abilities 1 Surely the constitution of this State must abhor such an idea ; for, by allowing the ' free exercise and enjoyment of all religious pro fessions without discrimination,' one religion is admitted, of which the members we know, by its essential tenets, uphold a foreign supremacy ; a religion, too, which we are assured by the highest authority, has deluged our once parent country ' in blood, and dis persed impiety, bigotry, persecution, murder, and rebellion through every part of the world ;' and yet, to the exercise of even this re ligion in common with the rest, the constitution has subjoined no other restriction, than that it shall ' not authorize acts of licentious ness, or justify practices inconsistent with the safety of the State.' So liberal has it been towards the sacred rights of conscience and private judgment, and so wise and consistent, that while it leaves errors of the mind to the solemn tribunal of God, it reserves to the civil magistrate only the cognizance of overt acts — matters not left to dubious and constructive conjecture, but capable of certain and unequivocal proof; not punishable by a board foreign to the constitution, but triable by the laws of the land previously known, and a jury of the criminal's peers. " In every view, the present act carries with it an unusual severity. The punishment of involuntary errors of the mind, can be very rarely just, and they who consider that either party can have no further assurance than their own fallible opinions and conviction of their being right, will be very tender how they pun ish their opponents, who do not carry their sentiments into prac tices inconsistent with the peace and safety of the State. There 116 THE LIFE OF are no reasons from which it can be shown, that a man may not in principle adhere to the old government as well as support the new, and the rule against neutrality in civil wars, necessarily ad mits it. You ought, therefore, to have let them withdraw at the commencement of the war, or if now you will compel them to it, you should let them carry their property with them, or let them dispose of it as they please." In the writer ' of the following sympathetic letter, the reader will recognize an eminent Whig, and a distinguished citizen, pos sessing those sterling qualities which Mr. Van Schaack always attracted to himself, and which gives to his friendships a peculiar ¦charm. FROM THEODORE SEDGWICK. Sheffield, 12th August, 1778. My dear Sir: I have sent Hendrick for those things, a memorandum of which I left with you ; as a bedstead will be difficultly obtained here, I beg you to send the one belonging to the bed. Mrs. Sedgwick would be glad to have a glass, the cost of which was from six to eight pounds. If it cannot be safely sent with the other things, (which I believe is the case,) I beg to have it put in some place of security till winter. If one of your small tables can be spared, I shall be glad of it. If your Parson would be kind enough to give me the reading of Goldsmith's R. History, I shall be much obliged to him. Pray send me the volume of Hume which you have. I am sorry to give you any trouble about these matters, at a time when your whole attention may be required to concerns of much greater importance. It is with extreme pleasure I reflect, that during the turbulency of the times, I have preserved entire my friendship and esteem for the worthy, who have been opposed to me in their political creed; nor do I imagine that it is possible to select from the aggregate of human follies and bigotry, a more sure and incontestable evidence of the weakness of head and depravity of heart, than that narrow and confined policy, which has for its end a uniformity of opinions, whether political or religious. I wish my country happy, great, peter van schaack. 117 and flourishing ; I wish her independent ; but that she may be happy under the last, it is necessary that she become wise, virtu ous, and tolerant. There is one way most certainly, to know whether a state is or is not actuated by a spirit of freedom : let the constitution be violated, in the person of a subject obnoxious to popular resentment, or let his happiness be in any way sported with ; if this gratifies popular, malignant malice, and no murmur- ings or disturbances ensue, it is a sure indication that not only the flame, but that every spark of liberty is extinct. The contest has (God knows) been attended with distressing consequences enough ; " light has begun to spring out of darkness." We now ought to make even our enemies know and feel, that we had valuable ends in view, in opposing the pretensions of Britain ; by rendering our government sweet, it would become palatable ; in this way we might, we may have a great and glorious revenge ; and all men, almost, will wish for the salvation of that, (be it what it may,) which is a constant source of happiness to them. I shall expect by Hendrick to receive a letter from you ; if there is any thing in which I can render service to any of the dear little ones, or any other of your friends, pray mention it. When I was at your house you said your oldest son had contracted a great degree of bashfulness, since he left New-York ; if he can be prevailed upon, perhaps it may not be disadvantageous for him to spend some time with me. I have a young lad, the son of Mr. Hopkins, who will be company for him, and may perhaps prevent his pining for home. My good wife, my dear sir, has desired me to tell you, she wishes you all the happiness which the warmest imagination can desire. I hope and believe your separation from your country and friends, will be of short continuance ; in the mean time, may God Almighty send you every comfort, deserved health, the smiles of friends, and successful fortune. I am much mistaken, if it would not be an unnecessary request to desire you to kindly and even af fectionately remember, My dear friend, Your sincerely affectionate Theodore Sedgwick. 118 THE LIFE OF TO THEODORE SEDGWICK. Kinderhook, 13th Aug., 1778. My dear Sir : Hendrick goes off in the morning, but cannot carry all you write for. What he takes is noted at bottom. Your letter breathes the spirit and speaks the language of true friendship. In the " melting mood," which in my present situation I so often feel, when the remembrance of past happy days, and the gloomy prospect of the future, agitate my mind, nothing can be more agreeable than sentiments so congenial to those I feel for you. From the first day of our acquaintance, my dear friend, I felt for you sentiments of esteem which have continually grown upon me. I was prepared to regard you, from what I had heard of your liberality of mind, and I was not disappointed. God forbid I should ever usurp the prerogative of Heaven, in condemning a man for his sentiments, however different from mine; and if I know myself, no reverse of fortune would ever make me adopt so inquisitorial an idea. Your tender mention of the dear little pledges, left me by one who, I trust, is now a saint in heaven, I shall never forget. De prived, as they are, of one of the fondest of parents by the visita tion of God, and soon to be of another, not indeed for his crimes, nor even indiscretion, but because he dares think for himself, their dependence must be, next to divine Providence, on the worthy and the humane. A virtuous education is what I most ardently wish they may have, and on that subject shall perhaps throw on paper some thoughts before I go away, but certainly before I leave the coun try. These, with a number of papers relating to their never enough to be regretted mother, I shall leave with your colleague Mr. Silvester. These affecting subjects almost overcome me, at particular times. I wish you and Mrs. Sedgwick, my dear sir, every degree of happiness, and be assured, the highest will be found to consist, not in the bustle of the world, but in the calm sunshine of domestic life. May it be long, very long, before either of you experience the miseries of a separation. Present my most respectful: compli- PETER VAN SCHAACK. 119 ments, with these my good wishes, to her, Mrs. Dwight, and the rest of your connections, and believe me, Most affectionately yours, P. V. Schaack. We set out to-morrow or next day. Col. Burr, I hear with pleasure, is to escort us. THEODORE SEDGWICK TO AARON BURR* Kinderhook, August 1th, 1778. My dear Sir: I write you in haste by Mr. Van Schaack, who will convey it to you, should you be at West Point. This gentleman has, by long acquaintance, manifested such qualities as have much attracted me to his interest ; but, most unfortunately for his friends, has dif fered in political opinions from the body of the community in gen era], and from me in particular,-]- in consequence of which differ ence, (by means of the test act of this State,) he is about to be re moved to the city of New-York; and has been so obliging as to offer me his assistance in procuring for, and sending to me, some family necessaries. Should it be in your power, I am sure it would be an unnecessary request, to desire you to lend your assist ance; nor need I desire you to render Mr. Van Schaack's short stay among you as agreeable as his and your circumstances will permit. I most sincerely congratulate you on the happy prospect of a speedy termination of the war. I believe I shall visit the camp soon, in which case you will have the pleasure to see Mr. Edwards in company. I have, since I saw you, become the father of a sec ond daughter. Pamela has had a most tedious and dangerous illness, but is, thank God, now, for her, very well. You may be sure she will be glad to be affectionately remembered by you. Yours, most sincerely, Theodore Sedgwick. * Life of Burr, Vol. I. p. 134. t Judge Sedgwick took particular pains to convince Mr. Van Schaack of the propriety of his joining the popular side of the question, and visited him, at Kinderhook, several times for that purpose. On his return from one of these visits, he compared Mr. V. S. to '' a tall, noble pine, perfectly straight, only it inclined a little at the top" (towards England.) 120 THE LIFE. OF On the nineteenth of August, when on his way to New-York, Mr. Van Schaack had an interview with Governor Clinton, at Poughkeepsie, which was then the seat of government. On this occasion he had the satisfaction to receive from the Governor an assurance, " that he did not think him a proper object of the act, by color of which he was proceeded against, for that his con duct had been different from that which was the object of the act ; that his character was not equivocal, or suspicious, but well under stood ; for, that though averse to the public measures, and as such he had been put under parole, yet, having never violated that pa role, he would consider him as a British prisoner." At this inter view, Governor Clinton gave Mr. Van Schaack the following certificate : " At the request of Peter Van Schaack, Esq., of the county of Albany, I do certify, that he made application to me, in the beginning of June last, for permission to go to England, on account of a cataract in one of his eyes, and for the purpose of having an operation performed upon it by an oculist, and that I promised him permission, whenever the state of public affairs should render it ex pedient. Dated at Poughkeepsie, this 19th day of August, 1778. Geo. Clinton, Gov'r of the State of New-York." The evident design of this paper was, to arrest the proceedings before the commissioners of conspiracies, and Mr. Van Schaack immediately transmitted a duplicate of it to Albany. On the sup position that the Board had only made the order for his removal, and had not yet caused his name to be recorded in the Secretary of State's office, it would probably have been competent to have arrested the proceedings against him in that stage ; but, after the recording, the legislative act became perfect. Unfortunately, Mr. Van Schaack's name was recorded with others, before the certificate was received by the board of commissioners ; and the archives of the State of New-York were defaced by a proceeding, which will scarcely bear the calm and satisfactory review of an enlightened posterity ! The day previous to his departure from Kinderhook for New- York, to take passage for England, he addressed a letter to his y^BS=r PETER van schaack. 121 friend Mr. Jay. It was probably the only letter bearing an appear ance of harshness, which passed between them during an intimate friendship and correspondence of nearly seventy years ; and even this letter, as will be perceived, closes with an unreserved expres sion of '" personal" regard. TO JOHN JAY. Kinderhook, 14th August, 1778. Dear Sir : * I owe it to the friendship which formerly subsisted between us, to explain myself on a very serious subject, before I quit this coun try, perhaps forever. The charitable construction which every man would wish to be put upon his own conduct, will, I hope, induce you to do justice to my principles; principles not formed without consideration ; not dependent on undecisive events, and not to be deserted at the approach of danger. I suffer, sir, as you must see, for a difference of opinion merely, on a question wherein I am not only justifiable, but under the most sacred obligation to exercise my own private judgment. In a case like this, involving considerations of moral duty, there can be no choice, and he who disobeys the dictates of his own mind, stands convicted. Punishment by the civil power for a difference of opinion in the abstract, will be reprobated by every liberal man ; but, in the present case, its justice is derived from the dangerous tendency of those opinions, in that they uphold a supremacyybmgw to the government of the state. They are but opinions, neverthe less ; and that their evil tendency cannot be restrained, or prevented, without so harsh a measure as the present, I believe will not, when considered without passion, be believed : and if it can, the govern ment (which, too, is not exempt from obligation,) is bound to adopt more lenient methods. Whoever recurs to the origin of the present war, 'must admit, (unless he arrogates to himself infallibility, and supposes, more over, that no man can really differ from him and be innocent,) that there were many men, who, from principle, dissented from the pub lic measures; and if there were others, who were not actuated by principle, I believe this was not peculiar to one side. All, how ever, had a right to take their part. These men, according to the 16 122 THE LIFE OF laws of nature and of nations, should have been permitted, in the beginning of the war, to remove ; or, if detained, it could only be as prisoners of war, or, at most, a passive obedience to the laws, and not the active services of subjects, ought to have been required of them. The declaration of war from the crown of Great Britain, in 1756, permitted' all the subjects of the French king then in England to remove with their effects, or promised them the pro tection of the laws; and this, I believe, is the general practice in Europe. A different policy, however, has here prevailed, the par ticulars of which I need not enumerate, and the effects have been just what might have been expected from such a system ; but the difficulties which have arisen from the attempts to compel the consciences of men, ought not surely to be imputed to them. The harshness of the present act, is aggravated by the change of circumstances, and converts that which was a right, into a pun ishment ; and makes that severity in the government, which was heretofore incumbent on them as an act of justice. Consider, sir, you have derived aids from these people in the prosecution of the war, and have detained them in the most perilous times ; and now, when in the declared sense of the people in power the danger sub sides, by an inverted order the severity increases. Is this answer ing the design of punishment ? Is it conformable to those reasons, upon the strength of which, the few are raised above the many 1 Is it consistent with that justice due to individuals, from which rulers cannot divest themselves 1 or is it in the least agreeable to the spirit of the law of Solon against neutrality, which I have heard you quote 1 Let me entreat you to recur to first principles ; your govern ment, professed to be formed upon them, is too young to excuse in attention to them. Read with the same temper you used, Locke, Montesquieu and Beccaria, upon the rights of individuals, and the duties of those in power, and compare them with the present prac tice, and I fancy you will think that Great Britain has not alone trampled upon the rights of mankind. Whatever may be urged in favor of the act, I must think that I suffer, even in the sense of my prosecutors, for an involuntary error of the mind, or, at most, for the omission of a moral duty— neither of which are cognizable by the civil authority. In the PETER VAN SCHAACK. 123 thirty-eighth article of your Constitution, the rights of conscience are separated by a clear boundary, from matters of civil cognizance. All religious professions are placed on the same foot, without dis crimination, in which one religion is included, the members where of uphold a foreign supremacy, and which we are assured has " deluged Great Britain with blood, and dispersed impiety, bigotry, persecution, murder and rebellion, through every part of the world ;" and yet even to this, in common with the rest, no other restriction is added, than that it shall not excuse " acts of licentiousness, or justify practices inconsistent with the peace and safety of the state." It is true, they may be called upon to take an oath of abjuration, as well as of allegiance, previous to their naturalization ; but I need not to you prove, that this does not in the least weaken the inference I would draw. With the loyalist, however, the case is different ; for he, consis tent with his principles, may be laid under obligations affording ample security to the public ; which, according to a well-informed conscience, are binding ; and 1 must think that he, no more than other men, is to be farther punished than necessity (which alone can justify any punishment) requires. I readily waive any arguments drawn from the belief the oath requires, of the independency of this State both of right and in fact ; the latter, in one sense at least, dismembered as the State is, is not true ; the former is yet sub judice, and undecided. I am willing to consider it, for my own part, as a simple oath of allegi ance ; and in that view, I think it is manifestly improper to tender it to persons of opposite principles, because it is a temptation to perjury, in attacking human weakness in its most vulnerable parts; because, if taken, it adds no obligation in point of morality upon the man it is tendered to, since a man by his voluntary act cannot discharge himself from a prior duty, and because, therefore, it gives no security to the public ; and I think this measure most cruel, be cause it is carried on at a time when no state necessity (which, though sometimes a reality is oftener a phantom, to which num bers of virtuous men have been made victims,) can be pretended to justify it. It is cruel, because it operates against men in that situa tion, whereto they are reduced, not by choice, but by a different way of thinking, on a subject they had a right to judge and deter mine upon. 124 THE LIFE OF If I could entirely overcome that quickness of sensibility, which a series of inauspicious events in my family, and a fatal reverse of fortune convincing me of the instability of all human happiness, have greatly abated, I should forbear mentioning what I felt at being called upon under the description of this act ; an act which, contains language better adapted to the channel of a newspaper, than to convey the dispassionate sense of the Legislature. I own, sir, I have said, that I did not think any man would choose to tell me, that any of the characteristi'c marks of description it contains, are applicable to me. I have not affected, but maintained, as far as I could, a neutrality. I was your prisoner, and under parole to do so ; and surely it argued no poverty of spirit, or undue attach ment to property ; nor was it " unmanly or ignominious," to adhere to the faith I had given you, nor did I want to " shelter myself un der your government ;" and if it was known that I had endeavored to " undermine or subvert it," (and without being known it ought not surely to have been asserted,) I was amenable to your courts. I say, I have, as far as I could, maintained a neutrality ; for this has not been left at my option. Notwithstanding my local restrictions, notwithstanding my being disarmed, I have been com pelled to pay sums of money, and have been tried by a court mar tial for not marching in arms, and doing the duties of a soldier. Does not this remind one of the bed of Procrustes 1 and surely a very small share of gratitude would suffice for such protection. Permit me to observe, by the by, that many instances of the breach of faith you have met with, I fancy have arisen from like treatment; added to this consideration, that persons of opposite sentiments have never known the extent of their punishment, nor were placed in any situation where they could have that reasonable assurance of their safety, which is necessary to enjoy peace of mind in society. Whatever the policy may be of banishing me from my native country, I dare confidently say that my political principles are not incompatible, either with the just rights of government, or the liberties of a free people. I may have erred in the application of them in a contested point, but as they have been formed with all the consideration I was master of, I hope I may say that I am in nocent in this respect ; at least, I think that in a question depending PETER VAN SCHAACK. 125 on opinion only, and wherein every man has a right and is bound to determine according to his own opinion, he is accountable only for the fair and impartial exercise of his judgment; and as no human tribunal can examine this, so they ought not to punish him for the result. Motives of self-preservation alone can justify a State in banishing a man who is chargeable, not with transgression of law, but with a mere difference of opinion ; every severity be sides, as an act of vindictive justice, is unpardonable. The reasons assigned for the double taxation are totally insufficient, as a mo ment's reflection will show you ; nor can I be very thankful for the forbearance of my countrymen. God knows I have seldom experienced it but when I solicited favors ; favors of small conse quence to be granted, but to me of inestimable value ! You cannot but remember, that so early as January, 1777, 1 , declared my desire to leave this State, and endeavored to prove it my right. I was promised a hearing upon the merits of my appli cation, which at that time was postponed through a multiplicity of business. I think it was the right of every man affected by this act, to be heard before it passed. In cases of particular laws, especially such as inflict pains and penalties, this is a practice not to be departed from, and the pretence of state necessity, you know, in instances familiar to us, has not been deemed a justification. Upon a fair estimate, and upon a large scale, I fancy the deviations from general established principles very seldom happen, without introducing greater and more permanent mischiefs than those they are calculated to remove. I shall make no apology for the length of this letter, as it is probably the last I shall ever trouble you with. I thought it a tribute due to that friendship, which was equally my pride and my pleasure ; a friendship of which I do not remind you for the sake of favors, and from the obligations of which, on his part, I am willing to- acquit any man who can think me deserving of the usage I have received. I wish you to show this letter to our mutual friend, Benson, to whom I intended likewise to have written ; but my eyes will not admit of it. I own I have something particular to say to him. What passed between the Governor and me last June, I have com municated to him ; what happened in April, 1777, when I was at 126 THE LIFE OF Kingston, you know. Compare the whole together, and you will think my situation somewhat particular. I am, in every personal respect, his, and, Dear sir, your most obedient servant, ¦' Peter Van Schaack. Let us here take a brief review of the circumstances connected with Mr. Van Schaack's banishment, to enable us to form some opinion of the justice or necessity of inflicting so severe a punish ment upon him, merely because he conscientiously entertained cer tain political sentiments. The campaign of 1777 had terminated in triumph to the American arms. The great and leading movement marked out by the British government for the conduct of their forces in the Ameri can war — the junction of the royal armies from Canada and New- York — had been frustrated, and had resulted in the disastrous retreat of Col. St. Leger from before Fort Schuyler, and the sur render of the army of General Burgoyne. A treaty of friendship and commerce with France had been formed, on the sixth of Feb ruary, 1778, thereby not only securing to the United States the direct aid and co-operation of that power, but essentially strength ening the American cause with the other powers of Europe, and weakening Britain, by involving her in war with her immediate neighbors on the continent. The British government had betrayed their alarm on this occasion, as was sufficiently shown by the sud den introduction of Lord North's " conciliatory bills" into Parlia ment, and the indecent haste with which they had been despatched to America, before they had passed through the ordinary forms of legislation. The alliance with France, which had excited this alarm in Britain, had inspired confidence at home, and the Conti nental Congress issued " an address to the people of America, on this occasion of a new and most propitious crisis in their affairs." At this period, when there was a bright prospect of peace,* the Legis- * See Mr. Jay's short letter, without date, but written in the early part of April, 1778, in which he says, " the wise ones say, we shall go to New- York next winter." See also Mr. Sedgwick's letter to Col. Burr, in which he con gratulates him on the prospect of peace. PETER VAN SCHAACK. 127 lature of New-York passed the banishing act, and their commis sioners commenced executing its provisions. In respect to Mr. Van Schaack's conduct, it was not pretended that he had been guilty of any acts, to subject him to punishment, or that he had done any thing from which a disposition could be inferred, to embarrass the public measures. He had conscientiously maintained a strict neutrality. Neither the governor nor the com missioners considered him an object of the penalties of the act under which proceedings were had against him, and to whose letter he was now sacrificed. It would seem that his personal situation should have exempted him from those proceedings, broken hearted and borne down as he was by a long succession of domestic afflictions, and by the visitation of disease in one of its severest forms in his own person. An individual friendly to the public measures would scarcely have been required to take up arms in a similar situation ; and, on principle, his conscientious scruples on this subject, deserved as much consideration as those of the Quaker. Many persons who were unfriendly to the Revolution, and who had not such strong claims upon the sympathy and forbearance of their countrymen, were suffered by the public authorities to remain un molested in their inactivity. History informs us, that Aristides the Just was ostracized : and it may perhaps be regarded as a compli ment to Mr. Van Schaack, that his integrity and elevation of character should have been such, as to have secured for him an influence, which, although unexerted, in the eye of the public au thorities rendered his example in his retirement so dangerous, as to require his banishment from his native country ; — for it was to the supposed existence of that silent influence alone, arising from the fact that he entertained certain political sentiments, that we are to ascribe his ostracism. Another circumstance merits consideration, and is important, in estimating the propriety of the proceedings against Mr. Van Schaack under the banishing act. At the time these proceedings were in stituted, he was residing in retirement, at Kinderhook, upon his parole of honor, taken by the Convention of New- York, on the fourth of April, 1777. In the proceedings of the Convention at that period, he had a pledge that he should have a hearing upon the merits of his previous application. In his memorial to that 128 THE LIFE OF body, he had claimed the privilege of removing^ from the State with his family and effects, in the exercise of what he maintained was his right. In canvassing that right, it should be borne in mind, that neither at the date of his letter to the Convention, nor on the fourth of April, when their order was made, had a constitu tion for the State as yet been adopted.* Nor ought his application to have been prejudiced, by the subsequent adoption of the consti tution, and the regular organization of the State government under it, or by the banishing act, which had been enacted by the first Legislature under that instrument. The Convention had restrained him by his parole, from leaving his native place, and they had postponed a hearing upon his memorial, to suit their own convenience, The injustice of now compelling him to leave his native coun try, without according to him the pledged hearing, under the igno minious ban of banishment, to which was attached the very severe penalties of a " double taxation" of his property, and a conviction of his person for " misprision of treason," in case of a return to the State, would seem to be manifest. Charity would lead us to suppose, that in the confusion of a civil war, the peculiarity of his case and situation was overlooked, or not sufficiently estimated by those in power ; or, perhaps, a " political necessity," whether fancied or real, regarded it as one of those " cases, in which" (according to an eloquent writer,) " a veil should be drawn for a while over Lib erty, as it was customary to cover the statues of the gods." * The constitution was adopted 20th April, 1777, and the new State gov ernment was not organized until several months afterwards. PETER VAN SCHAACK. 129 CHAPTER VII. It will here be proper to recur to the severe and various afflic tions with which Mr. Van Schaack had been visited, during a period of about eight years previous to his departure for England. He had, in that time, interred six children, several of whom had arrived at an interesting age, and two of whom had been taken away under the trying circumstances which have been detailed. He had buried his father, and parted with his father-in-law under circumstances rendering it probable that the separation would be final. He had lost the sight of one eye entirely, and had the fear of total blindness in both ever present to his mind. A promising professional business had been suddenly arrested by the public troubles, which had destroyed his prospects of fame and^usefulness. He found himself the object of suspicion, and had been harassed by proceedings of a most unpleasant character. He was separated by an unyielding principle, having its foundation in conscientious scruples, from his earliest and most intimate friends; and death had just taken from him the wife of his bosom. It was no doubt in reference to all these trials and afflictions, — domestic, personal, so cial, and civil, — and when, superadded thereto, he was removed to a distance of three thousand miles from his kindred and friends, an exile in a foreign land, — that Mr. Van Schaack selected as his motto, the following philosophic sentiment from his favorite Vir gil: Super andafortuna ferendo.* His impressions on taking leave of his native place are thus recorded in his journal. * Quid quid erit, superanda omnis fortuna ferendo est. iEneid, B. V. 1. 710. Mr. V. S. had several other mottos in view, all of which were significant : one was Jlecti nonfrangi ; another duris nonfrangor. The one selected by him was more philosophically elegant. 17 130 THE LIFE OF " On the fifteenth of August, 1778, 1 set out from Kinderhook for New-York. The very peculiar circumstances of my situation, as it was affected by and connected with the public convulsions of the country, cannot here be enumerated. They may be collected from my papers upon this momentous subject, from which I hope it will appear, that the part I have acted may be reconciled to the strictest integrity, however impolitic or injudicious it may be thought to have been. The sphere wherein my actions or concerns can be of any consequence, is small. It is confined to my children, my family, my friends. To the first, I would wish to leave a character which may afford examples worthy of their imitation, and among my friends I hope some will be found, who will rescue that character from misrepresentation, and protect it from unjust censure. Such as may think my principles have been erroneous, while they point out their errors, it is hoped they will do me the justice to say, that they were not hastily or passionately adopted, nor maintained with bigotry or want of candor. Frail man has only the dim light of opinion to conduct him through the mazes of life, or to assist him in judging of the principles and conduct of his fellow-creatures, and surely this consideration should teach him humility, charity and toleration. " Torn from the nearest and dearest of all human connections, by the visitation of Almighty God, and by means of the public troubles of my country, I am now going into the wide world, with out friends, without fortune, with the sad remembrance of past hap piness, and the gloomy prospect of future adversity, having no other compass to direct me than my own frail understanding, and no other consolation than that consciousness of my own integrity, which, as far as relates to the immediate cause of my now leaving my country, I possess in the fullest manner." FROM GOUVERNEUR MORRIS. Philadelphia, 8th September, 1778. Dear Sir: I received your favor of the 24th of last month just now, and I write an answer which may or may not reach you. I am much obliged by the sentiments you profess for me, and I hope to deserve them from you, from all, from enemies and from friends. I always PETER VAN SCHAACK. 131 have regretted, and I trust I shall, that you did not take part with us in the cause, which, let the success of it be what it may, I can not but consider as the just cause of all mankind. I am particu larly afflicted, that you should be now obliged to relinquish your country, for opinions which are unfavorable to her rights. If I am rightly informed, your situation is by no means singular ; a circum stance which, I believe, is far from alleviating your feelings, and which most sincerely affects mine. What may be the law you allude to, I know not ; and therefore shall not be so hardy as to arraign its policy or humanity : should it be contrary to the principles of the former, the infancy of the state must apologize for the defects of its legislature ; should it revolt against the latter, while we lament the consequence, let us pardon something to the cause. Being men, we are all subject to human frailty. We are not therefore to be surprised, that some sparks of resentment shed their baleful light on the conduct of human affairs. I fear that the very best will, in the years of cool reflection, pay melancholy tribute of repentance to the hours of contention. Adversity is the great school of moderation. If any of my countrymen are come thence unlearned, I will not blame, though I cannot commend ; and let me entreat you not to tell tales of them to high-judging Job, or pray him that he will teach them to feel what wretches feel. It was always my opinion, that matters of conscience and faith, whether political or religious, are as much out of the province; as they are beyond the ken of human legislatures. In the question of punishment for acts, it hath been my constant axiom, that the object is example, and therefore the thing only justifiable from the necessity, and from the effect. 1 implore the Omnipotent on all occasions to direct my conduct by this great, and I trust just prin ciple. Could the American contest have been decided without blood, I should have been happy. While the appeal lay to reason, I reasoned ; when it was made to the sword, I thought it my duty to join in the great issue. While reconciliation appeared practica ble, I labored for reconciliation. When the breach was so widened that no hope remained of cure, I solemnly pledged my faith to sup port the independence of my country, which had then become es sential to her liberties. In the hours of distress, I was secured from 132 THE LIFE OF fear by the mens sibi conscia recti, and the dawnings of prosperity have not inflated me, because I have seen too much of the instabi lity of human affairs, to confide in appearances. As I am determined not to share in gains which arise from public distress, I will continue in public life till the establishment of the liberties of America. It shall be my object to narrow as much as possible the circle of private wo. I would to God, that every tear could be wiped away from every eye. But so long as there are men, so long it will and must happen that they will minister to the miseries of each other. It is a delightful object in history, to see order, and peace, and happiness result from confusion, and war and distress. It is a pleasing hope in life. It is your misfor tune to be one out of the many who have suffered. In your phi losophy, in yourself, in the consciousness of acting as you think right, you are to seek consolation, while you shape your old course in a country new. Whatever may be the fate of the great controversy, and what ever may be your individual lot, I pray you to believe there are very few who will more rejoice in * " 16th October, 1778,f I embarked in the ship Rachel, Tho mas Rounding, Master, at New-York for London, and on the 19th, sailed from Sandy Hook, in a large fleet consisting of one hundred and twenty sail. The weather for the first fortnight was extreme ly pleasant, but on the second November, we met with a heavy gale of wind, attended with a good deal of rain, and at twelve o'clock at night, the sound of ' all hands' announced some disaster, which proved to be the springing of our bowsprit, which had well nigh been followed with the loss of our masts. In this situation, ¦we fired signal guns of distress, notwithstanding which, we were left by the whole fleet ; but the wind providentially abating, we prevented further misfortune, and secured the bowsprit. A leak, which we perceived soon after we sailed, increased to such a de gree, as to oblige us to make the first land we could, one pump ? The concluding part of this interesting letter is lost. The author's eflorts to procure Mr. Van Schaack's letter, to which this is an answer, have been unavailing. It was, no doubt, equally interesting. t From Mr. Van Schaack's journal. PETER VAN SCHAACK. 133 being constantly employed, and sometimes both ; and most fortu nately we arrived at Cork the twenty-third November. " The dangers of the sea have been so often displayed, in the strongest language both of poetry and prose, that nothing can be added either to convey a new idea of them to those who have never seen them, or to make the impression greater on those who have. Yet perhaps the danger is not so great, as the horror of those scenes. We can estimate danger only (short-sighted as we are) by the event, and by comparing the number of escapes with that of disasters. The thread of life is subject every moment to be cut off, and no situation secures us from peril. It is the providence of God alone, which can protect us from the number less evils which incessantly surround us, and perhaps in the eye of an all-seeing God, our danger is equal on shore as at sea, in a carriage as on shipboard. In the latter situation, however, it is more visible, but the reflections it ought to excite, should accom pany us in all circumstances, even the most prosperous, of life. " I had not an opportunity of seeing much of Ireland, but what I did see, by no means contributed to excite agreeable re flections. The poverty and ignorance of the people were beyond my expectations, much as I had heard of them. Beggars and thatched houses are painful objects which continually present them selves, and even elegant seats fail of making a pleasing impression, when we consider that they were raised out of the sweat of such numbers of the poor. The proud may be pleased with seeing themselves the more exalted, in the comparison with their fellow creatures, in proportion as they are more depressed ; but to those who have seen human nature in a more equal condition, the con trast is distressing. " TO HIS SON. Cork, 4th Bee, 1778. My dearest Harry : You will hear of my being in Ireland. To-morrow I sail for England — but I cannot again go to sea without a word to you : and for fear of accidents to which a sea voyage so much exposes us, I cannot help giving you my blessing, lest it should be the last, which Heaven avert. 134 the life of May God Almighty bless and preserve you, my dearest Harry, and your dear little brother and sister, and be assured this shall be my last and expiring prayer. Let me indulge the pleasing hope, dearest Harry, that you will cultivate every virtuous principle. I cannot express all my feelings on this occasion ! Adieu, my dear est son, and believe me ever, most affectionately and tenderly, Yours, P. Van Schaack. The reader will no doubt choose to follow Mr. Van Schaack in his exile. The residue of this chapter will be devoted to a few selections from his journal, and other manuscripts written in Eng land. Although they were penned upwards of half a century since, and for the most part treat of objects which have been repeatedly described by more recent (and perhaps more philosophical) trav ellers, it is believed that they will not be found entirely destitute of novelty, or devoid of interest, and particularly when viewed in connection with the impressions made upon his mind. " 5th'December, 1778, 1 embarked in the Juno yacht for Bristol, where I arrived the 7th December. A very different country did England appear from that we had left ; the verdure was equal to that of midsummer. "I was shocked to find my father-in-law's complaint had reached so great a height. My feelings upon this solemn inter view cannot be described, nor conceived, but by such as have ex perienced the same vicissitudes, who have had the same tender connections, enjoyed the same family harmony, looked forward to the same agreeable prospects, and in the course of a few years have seen the most fatal reverse of fortune, have had the tenderest ties dissolved, their families dispersed, and properties wasted. " In Bristol I saw most of the public buildings, and about it many agreeable villages and other places of curiosity. In the beautiful village of Clifton is Sir William Draper's house, neat and pretty, and before the door is a monument erected to the memory of the officers and soldiers who fell at Manilla. About Bristol are some remains of fortifications of Britons, Danes and Romans, as well as of more modern times. Cromwell is said to have erected works from which to bombard the town, and .part of the cathedral PETER VAN SCHAACK. 135 is stated to have been demolished by him from Brandon hill ; though this is denied, and what it suffered is said to have happened at the dissolution of monasteries, when it is represented to have been saved from entire destruction by Cardinal Wolsey. ' Epitaph on Mrs. Mason, by Mr. Mason, in Bristol Cathedral.' ' Take holy earth all that my soul holds dear, Take that best gift that Heav'n so lately gave — To Bristol's fount I bore with trembling care Her faded form : she bow'd to taste the wave And died. — Does youth, does beauty read these lines, Does sympathetic fear their breast alarm ? Speak, dead Maria, breathe a strain divine ; Ev'n from the grave thou shalt have pow'r to charm. Bid them be chaste, be innocent like thee, Bid them in duty's sphere as meekly move ; And if so fair, from vanity as free, As firm in friendship and as fond in love, Tell them, though 'tis an awful thing to die, ('Twas even to thee,) yet the dread path once trod, Heav'n lifts its everlasting portals high, And bids the pure in heart behold their God.' " Bath appeared truly astonishing to me, and contains too many beauties to admit of description within these narrow limits. The houses are grand, magnificent and uniform, more especially those in the Circus, Crescent and Parades, and the pavements of flat stones are like floors. The rooms are large and superb. Dissipa tion and pleasure here revel without bound, and for the gay from all parts is this the general resort — some to undo, and some to be undone. " 14th January, 1779, at four o'clock in the morning, I set out in a diligence from Bath, and ten at night arrived in London. This great city baffles all description, and I felt myself like an atom in it. I found the scenes too great for me to comprehend, and beyond my powers of enjoyment ; but by degrees became better reconciled to it. The public buildings exceeded my expectation, particularly Westminster Abbey, and St. Paul's, the former of which I fre quently visited, and always with pleasure mixed with solemnity. Those who read the truest and best descriptions of it, will yet be unable to conceive the effect which the seeing and being in it pro- 136 THE LIFE OF duce. We may conceive some idea of its several parts from descrip tion, but the joint force and full result of all, can only he felt through the medium of our senses. "My expectations were not so much exceeded by what I saw at the theatres, the senate, or the bar. I did not find one actor of eminence* (though there are actresses of great merit,) nor any thing superior to the strollers I have seen at New-York. But the scenery is surprisingly fine. Neither at the bar nor on the bench did I dis cover that extreme profundity of law abilities, which I have so of ten heard extolled, and which it was said untied in an instant the Gordian knot of every difficulty. I found arguments arose about questions not of the greatest nicety ; and the length of those argu ments and the hesitation of the judges, convinced me that they had exaggerated who taught me to expect from men in this country something superior to what I could conceive from the abilities of my own countrymen. " In Parliament I was still more surprised and disappointed in the expectations I had entertained of the dignity of the two houses, and of the eloquence of several of the members. Great abilities indeed there are, but the effect of them is in a great measure lost in a vehemence of manner, and in a torrent of abuse ill-suited to the dignity of a senate. There is very little of the suaviter in modo in any of the speakers — those of the first eminence, as Mr. Fox and Mr. Burke, have nothing of it.f " 23d February, I went into the inner parts of Westminster Abbey, — vast numbers of monuments of persons in every age. Most remarkable moderns, Admiral Holmes, the insignia of his profession, the anchor, cable, &c, most admirably executed— beau tiful white marble. General Wolfe's— representation of his death extremely fine, the design much like the picture. On the base, the rocks, place of landing, the soldiers ascending the hill, the sailors drawing the cannon, the boats, &c, all in bass relief, most admira ble. Lord Ligonier's, very fine. " But while we admire the beauty of the marble of numbers, * Garrick had left the stage shortly before this period. He died a few days after Mr. Van Schaack's arrival in London. t " Mr. Burke was not the cool, dispassionate speaker I expected, but warm and theatrical." P. V. S. notes of Parliamentary debates. PETER VAN SCHAACK. 137 the excellency of the sculpture, the .ingenuity of the design, the fancy of the emblems and devices; not one fills the mind with those truly solemn ideas, or makes that real impression as that of Mrs. Nightingale. This immediately strikes us as a true repre sentation of the most affecting scene. The figure strikes us of a lady just expiring, her left hand hanging down lifeless, her right holding her husband with the last exertion — he, in the utmost horror, holding her with one hand, and with the other endeavoring to avert the stroke which is levelled at her by death, just issuing out of a tomb beneath, the doors of which, of the color of iron and apparently such, but in reality of black marble, being open. It is impossible for any representation to be more striking. The attitudes, the expression of dying beauty in the lady, and of dis traction in the husband, the figure of death, so very picturesque, with a variety of other beauties, combine to make this monument surpass all description. Others excite our admiration — this raises the tenderest feelings ; if it is capable of affecting the coldest breast, what must his emotions be who has been a party in the like solemn scene ! " 18th March, I set out from London for Oxford, where I ar rived in the evening, after an easy day's journey. I spent several days here very agreeably, and for the most part among the gowns men, and in the academic way. The pleasure which it was evi dent I took in this society, procured me great attention and many civilities. Indeed, I was predisposed to admire and like this an cient and venerable seat of learning, which has given to the world characters of such distinguished eminence in virtue, as well as in letters. The colleges are spacious and commodious, and besides the public libraries, each has one appropriated to itself; the streets are spacious and clean, the gardens are very pleasant, and the meadows about the town along the Chirwell, and especially to its confluence with the Isis, afford the most agreeable walks. The means of study are therefore aided and promoted by the conveni ences for innocent amusement and agreeable relaxation. " I visited the pubhc schools, the theatre, (or place where the public exercises are performed, which is built upon the model of that at Rome, in the Augustan times of that republic,) the halls, the libraries public and private, the chapels,- &c. I saw many 18 138 THE LIFE OF very striking paintings, displaying that art in a degree of excel lence of which I had no conception before. The painted glass in some of the chapels (particularly that of New-College) is striking ' beyond expression. The sensations it excites, are such as will re move the prejudices conceived against the use of this art in places of public worship, as being a relic of popish superstition. Mine, which had arisen from the abuses of it which 'I had heard of,! van ished when I reflected on the impressions which these paintings made upon my mind.* " 20th March, I went to Woodstock, a very ancient town, cel ebrated in history. Here I visited Blenheim House, a most superb and magnificent pile of building. Every thing here is upon a great and extensive plan, and the park, the gardens, the waters and. the bridge over them, perfectly correspond with the building. There are hdre many very fine paintings and tapestry, historical, allego rical, fanciful and portrait ; every thing in and about this house has the appearance of a palace, and the whole is suited to the purpose (for which it was bestowed by the nation) of a public monument of gratitude, and as a reward for eminent services. " The following couplet is said to have been made upon the bridge, which is very grand, and the water, which at that- time was very small, though now very spacious : ' The lofty arch his high ambition shows, The stream an emblem of his bounty flows.'1 " The paintings at Blenheim House, as well as at Oxford, are certainly very fine ; but I could not help being disgusted at the strange mixture of sacred and profane, serious and ridiculous, in the sam'e rooms. This may be taste, but the pleasure it affords is certainly an artificial one, and can arise only from a certain habit in opposition to the genuine feelings of the heart. Indeed, many paintings, as well as much of the sculpture which are shown as curious performances, are calculated to vitiate the heart, for the sake of pleasing the eye, by exciting ideas and sensations subver sive of that modesty which is a barrier*to virtue. * " And storied windows richly dight f Casting a dim religious light."— Milton. " The dim windows shed a solemn light."— Pope, PETER VAN SCHAACK. 139 " Near Oxford is Godstow Nunnery, where it is said fair Rosa mond was buried : it is said there is a stone with this inscription .2 ' Hie jacet in tumba Rosa mundi, non Rosa munda ; Olet, non redolet, quee redolere solet.' " The rivalship between the University of Oxford, and that of Cambridge, has given birth to two beautiful poems : Isis, by Mr. Mason, and the Triumph of Isis, by Mr. Warton. j- " The following inscription is placed over the door of a school, at Thame, in Oxfordshire, founded by a person or persons of the name of Williams : ' Cuja Domus ? Gulielmiada. Cui condita ? Phcebo. Cur Phcebo ? Doctis prcesidet ingeniis. Quiddocet? Utpueri Latio sermone loquantur. Quo prcetio ! Gratis. Laus ea cuja ? Dei.' " 23d March, returned from Bristol to Oxford, passing by the elegant and extensive park of Lord Bathurst, at Cirencester, near which there are remains of Roman encampments, and where it is said the tenth legion of Casar has been. " April. Took a ride through Bath to Hungerford Castle, the ruins of a very ancient fortification of that kind, which belonged to the Hungerford family. Part of the walls and of the chapel, both ' ivy-mantled,' still remain. We saw the leaden coffins of one of the family, who died in 1613, and of Sir Thomas Hunger ford and his lady, who, it is said, died five hundred years agd. " 20th. Went to London in a post-chaise with Mr. Cruger, and in the evening arrived at Sturton Park, the seat of Mr. Hoare, a banker in London. The most luxurious description would fall , short of the beautiful scenes this place affords, and it is almost impossible not to think one's self upon enchanted ground, amidst the profusion of its beauties. Every step you take presents some new object,- some variegated prospect. " As you go round a very fine sheet of water, which is encircled by woods, lawns, &c, interspersed with little islands, and in which you see numbers of wild, fowl, swans, &a, you see," in succession, a temple of Apollo; a temple of Flora, a Pantheon, a Chinese bridge, a Turkish, tentj and Neptune's car drawn by sga-horses, all 140 THE LIFE OF disposed in such a manner as to present themselves in the greatest variety of views. Below this sheet of water there is another, and between the two is the road that leads to Mr. Hoare's farms, on one side of which is a thick shrubbery. Into the lower water, there is a very high cascade, which is occasionally supplied with water out of the higher sheet. The walks through the woods are very romantic-; one of them conducts you to a little ' straw-roof 'd? cottage, and afterwards to a hermit's cell, which is strongly char acteristic of the purpose it was made for. Its furniture is an old table, a chair, a Bible, an hour-glass, and a small lamp suspended by the ceiling. The grotto is extremely pleasing, though it con tains no variety of shells or ornaments. The first thing you see as you descend into it from the Pantheon, is a river-god sitting, upon an urn through which runs a stream of water ; but as you advance, a most delightful scene is exhibited. In a fine basin of water trickling out of the side of the hill, there is the statue of a sea-nymph asleep on a couch in the most agreeable attitude, and on a marble slab fronting her are these lines of Mr. Pope, supposed to be spoken by her : ' Nymph of the grot, these sacred springs I keep, And to the murmur of these waters sleep. Ah ! spare my slumbers, lightly tread the cave, • And drink in silence, or in silence lave.' " Nothing can produce a more happy effect than this whole scene. Mr. Pope wished for such a statue to complete his grotto. A ride of about five miles, which is so contrived as to give the most beautiful prospects, brings you to a small Gothic building supposed to be a nunnery, which contains a number of things, as well as pictures, descriptive of the different orders of those devo tees. At length you arrive at a high tower, called Alfred's tower, commanding a most extensive prospect indeed of almost all the county of Somerset. At the entrance is this inscription : 'Alfred the Great, A. D. 879, on this summit, erected his standard against Danish invaders ; to him we owe the origin of juries, PETER VAN SCHAACK. 141 the establishment of a militia, the creation of a naval force ; Alfred, the light of a benighted age, was a philosopher and a Christian, the father of his people, the founder of the English monarchy, and liberty.' " At the entrance of Mr. Hoare's garden is a very beautiful cross, which formerly stood in College Green, Bristol. It is of considerable height, rising pyramidically to a point, and around it are the effigies of several English kings and queens. It was deemed a nuisance in Bristol, from whence Mr. H. removed it, who thus rescued from oblivion this pretty piece of antiquity. "21st April, proceeded to Salisbury. Salisbury Cathedral is a large and curious pile of building ; the spire, which is amazingly high, is a most elegant piece of work.* " We proceeded to Stone Henge, upon Salisbury plains, and deliberately viewed those amazing masses of stone which have so puzzled the curious, and about the origin and design of which anti quarians have been so much divided. " We passed by the Duke of Queensbury's seat, where the inoffensive Gay spent so much of his time — Gay, ' in wit a man, simplicity a child.' " 22d April, arrived at Windsor, having rode through its for ests, which have been the theme of one of the most eloquent pro ductions of the accomplished Pope. The surrounding country affords a most delightful prospect from the castle, the terrace, &c. The paintings here are extremely rich and elegant, but too numer ous to be distinctly inspected and properly enjoyed in so transient a view as strangers are confined to. Eton, with its ancient school, is contiguous to, and joins Windsor, and is in full view from the castle. Same evening we arrived in London. " 25th April, I went upon an excursion to Hampton Court, and saw the palace; the paintings and tapestry here appear to me * "A very large, elegant cathedral, highly adorned within, having as many stone and marble pillars as hours in the year, chapels as months, doors as weeks, windows as days, panes of glass as minutes in the year ; a beautiful chapter house and cloister, the steeple 410 feet high— 36 years building— 600 years old." — H. Cruger's Diary, 1775. 142 THE LIFE OF equal if not superior to any I had seen. The representation of Mars lying asleep with his hand in Venus's lap, and a number of Cupids stealing away his armor, called my attention to the late transactions of a military commander in America.* Qui capit, ille facit. " During my stay in London, in this visit as well as the for mer, I saw almost every thing which is usually shown to strangers. The Abbey and St. Paul's have been mentioned. The Tower, and especially the wilderness armory in it, afforded me great en tertainment. St. Stephen's, Walbrook, near the Mansion House, is a most beautiful church. The Bridges, the Exchange, the Bank, the Pantheon, are great pieces of architecture. The British and Sir Aston Lever's Museums are well worth seeing. Hampstead, Higbgate, Islington, are pleasant towns. Near the last is the New River Head, from whence, and from a higher place to which the water is raised by a machine, a great part of the city of London is supplied with water. " Near the Magdalene Hospital, in the borough, is a Lactarium, with the motto, Lac mihi non eestate novum, necfrigore, desit. " The following inscription appears upon a tomb in St. Ann's, Soho, London : ' Near this place is interr'd Theodore, King of Corsica, Who died in this parish, Dec'r 11th, 1756, Immediately after leaving The King's Bench Prison, By the Benefit of the Act of Insolvency ; In consequence of which he registered his Kingdom of Corsica for the use of his Creditors. The Grave, Great Teacher, to a level brings Heroes and beggars, galley-slaves and Kings ; But Theodore this moral learnt ere dead, Fate pour'd this lesson on his living head, Bestow'd a kingdom, but deny'd him bread.' " In St. Pancra's church-yard, situate in the environs of London, is the celebrated epitaph on Miss Mary Barsnet : * Allusion is no doubt made to General Howe. PETER VAN SCHAACK. 143 1 Go, spotless honor, and unsully'd truth, Go, smiling innocence, and blooming youth, Go, female sweetness, join'd with manly sense, Go, winning wit, that never gave offence, Go, soft humanity, that blest the poor, Go, saint-ey'd patience, from affliction's door ; Go, modesty, that never wore a frown, Go, virtue, and receive thy Heav'nly Crown ! Not from a stranger came this heart-felt verse, The friend inscrib'd thy tomb whose tears bedew'd thy hearse.' " May. I accompanied Mr. Watts to Tiddington, (Mr. Frank's,) near Twittenham, and in the neighborhood of Richmond, Hampton, &c. We walked to Chelsea, which is opposite to Battersea, where Lord Bolingbroke lived. From thence took boat to Fulham, there landed, and passing by Sir William Temple's house and gardens, walked through Richmond common and back of Lord Harrington's, to Mr. Frank's. This seat, very near the Thames, is in a style of taste and improvement much beyond my expectation. The house is very neat, though small, and the gardens well disposed, filled with a variety of shrubs, and sufficiently extensive. They are much frequented by nightingales, which I heard from my window and bed great part of the night. The house commands a pretty view of the Thames, the tide of which comes up no higher than Tiddington; boats are continually passing to and fro, and large ones loaded are drawn against the tide or stream by horses upon the bank. We walked to Hampton, through Bushy Park, (Lord North's,) where there is a beautiful avenue of horse-chesnut trees, three deep in the row on each side, and then in full bloom — a very pleasant sight. The walk is near a mile long. At Twittenham I saw- several buffaloes, and numbers of swans' in every part of the river. " We saw Strawberry Hill, Mr. Horace Walpole's house, which is built in the Gothic style, and in imitation of an ancient monastery. Every thing around it is in this taste, and the sur rounding trees serve to cast a pleasing, melancholy gloom, suited to the idea of a sequestered religious house. The inside (which, however, we did not see) is in the same style. " Mr. Pope's gardens and grotto,* fully answered the idea I had * " At the entrance to the grotto — 'Secretum iter , fallentis semita vittE.' " 144 THE LIFE OF conceived from his animated, picturesque description of them. I felt a pleasing kind of solemnity and awe at being in that very spot where this great man passed so many of his agreeable hours, accom panied by so many distinguished characters who adorned the age in which they lived, and will be the admiration and envy of suc ceeding generations. Mr. Pope's house and gardens are consider ably enlarged by Sir William* Stanhope, his immediate successor, and at the place of communication of the ancient gardens and the extension of them, are these lines, written by Lord Nugent : ' The humble roof, the garden's scanty line, III spoke the genius of the bard divine ; But fancy now displays a fairer scope, And Stanhope's plans unfold the soul of Pope.' " In these gardens are Mr. Pope's Mount Parnassus, and upon a small rising ground is a plain obelisk to the memory of his mother, with this inscription round it : 'Ah Editha .' malrum optima, mulierum amantissima, vale !' " 16th June, I set out with Mr. Hayes and Mr. Aldridge, from Bristol for Stroud, about twenty-eight miles distant. We dined at an ancient little village, the parish church of which was built in 1119. We walked from thence to the town of Stroud, about seven miles, upon the bank of the Stroud-water canal, which is carried down till it joins a river which empties into the Severn. This canal is about forty feet wide, and six deep. Over it are a number of bridges built upon arches, and as the ground rises considerably, there are a number of locks for letting in and out the water occa sionally, in order to preserve its level. To prevent interfering with a stream of water near it, this stream is in several places con veyed across the canal and under the bed of it, descending on the one side and emerging from under the ground on the other. The expense of this great work, which is intended to be carried on so far as to form a communication with the Thames, is computed at forty thousand pounds. " The 17th, we took a ride up a valley formed by two oppo site hills of great height, to Chafford Bottom, where there is a spring remarkable for its petrifying quality, of which we saw a •J , PETER VAN SCHAACK. 145 number of specimens. It does not change the quality of the bodies it passes over, but forms an incrustation about them. It is said, that people residing near it, from their use of the waters are more general ly afflicted with the stone and gravel than in other places. The town of Stroud, as well as the intermediate country between it and Chaf- ford, is inhabited chiefly by clothiers, and manufacturers of cloth, which is generally of the finer sort. The country is hilly, and not unlike some parts of America, and the people are of a plain cast and hospitable. Many of their manners reminded me of New England. " The 18th, we went to the city of Gloucester, which is upon the Severn. This city has nothing remarkable in it except its cathedral, which is a spacious pile of building, said to have been erected in the Saxon times, of which species of architecture it is said to have many traces, particularly the very large round pillars in the aisle. Here is some painted glass, but not handsome, and there are some remains of Mosaic work on the stone floor. The monument of Edward II. is here, lately inclosed and set off with iron rails, at the expense of Oriel College, Oxford, which he found ed. There are two monuments of Bishop Benson, the one with a simple inscription of his name, &c, purporting that it was his own direction that it should contain no encomium on his character ; the other, at a different end of the church, containing a full delineation of the many virtues of this good man and exemplary Christian. The Bishop of Gloucester — the author of the Divine Legation, so much celebrated in the world of letters, so highly extolled and so severely criticised — was buried in this cathedral but a few days be fore we were there, he who did bestride this world of letters like a colossus. He had the misfortune of outliving his abilities many years. " 19th. We returned and visited Berkley Castle and Church ; both ancient buildings, the former said to be in its primitive origi nal state, preserving the style of those fortifications so common in the earlier periods of British history. The only entrance to it is through a narrow gateway. It is calculated for defence against the attacks of those days, and has accommodations for the vassals and dependents of its lord. This was the prison of the unfortunate Edward H., who was murdered in a small gloomy room to which 19 146 THE LIFE Of" he was confined. This castle is said tp have belonged to the Berk ley family near seven hundred years. ,• " We also visited Thornbury Castle, which, though unfinished, exhibits marks of elegance and taste.' It was begun by the Duke of Buckingham in the reign of Henry VIII., against whom was one article of impeachment, the building of this castle, from its exten- siveness indicating designs which alarmed the jealousy of his sove reign. We drank a tankard of ale with the Mayor of Thornbury, who is a shoemaker, and keeps a public house. " July 14th, went from Bath at four o'clock, and at half after eight in the evening arrived in London. " 29th. Went to Woolwich by water, through a vast number of shipping. Many ships of war were on the stocks, some ready or almost ready to be launched. I saw the convicts come ashore from the hulks. Their number is between four and five hundred. They work on shore, and eat and lodge on board. They have light irons hoppling their legs, and sentries and guards armed have the custody of them. There are instances of their attempts to escape, in which they have sometimes succeeded. They continue in their vices with little or no reformation, and they look forward to the end of their punishment only to have an opportunity of committing crimes too atrocious for even this kind of chastisement ; this is the subject of their frequent conversation. It is much to be lamented that so humane and benevolent an attempt to mitigate the sangui nary temper of the British laws should not meet its deserved suc cess. " July 28th, attended the Rotation Office in Bow-street, at which presides Sir John Fielding. He is a venerable figure, of great age, and his hair as white as snow. He is remarkable for the most un common sagacity in detecting villainy, though stoneMind. His memory is extremely tenacious, and his questions are so pointed, that a criminal can seldom avoid a confession of his guilt. Many extraordinary and almost incredible instances are related of him upon this subject. His examinations on public days, which are eyery Wednesday, exhibit a wonderful assemblage of every spe cies of villainy. There is very great despatch in the examinations, as well as in the trials of criminals ; a despatch which appeared to me rather incompatible with the solemn and deliberate proceedings PETER VAN SCHAACK. 147 proper for courts of justice, and which reminded me of the line — ' Wretches hang that jurymen may dine.' " August 6th, I took one of my accustomed solitary walks in Westminster Abbey,* when* perceiving a gentleman and lady going into the interior parts of it, I followed them from a prepossession I took in their favor, occasiohed by their unaffected appearance. I found them extremely familiar, and ready to enter into conver sation upon the solemn subjects immediately before us, and we commenced an acquaintance which they were disposed, as I most sincerely was, to cultivate. His name is Tiddeman, the son of the Commodore of that name, who was the second in command in the naval department at the Manilla, where he was drowned; a flag being sent out to him, which arrived just after his death. He afterwards called upon me, and invited me to his lodgings in New Bond-street, expressing his wish to see me, both in town and at his house in the country, at Ipswich, in Suffolk County. This is the second instance of a casual acquaintance I have thus formed, which is likely to be a more permanent one than this sort of con nection commonly is. Mrs. Tiddeman is in an ill state of health, and though she preserves an agreeable cheerfulness, is not how ever without those reflections which such a situation naturally in spires ; her affectionate husband, too, anticipating the melancholy and too probable event, is in a frame of mind congenial to mine. He looks forward to a scene which, alas ! I have so lately gone through, and mutual sympathy will probably increase an acquain tance thus casually commenced. The beautiful and striking mon ument of Mr. and Mrs. Nightingale affected us, I dare say, with nearly the same sensations. " 15lh August, 1779, the anniversary of my parting with my children and friends at Kinderhook ! * In one of Mr. Van Schaack's visits to the Abbey, some time after Arnold's treason, his musings were interrupted by the entrance of a gentle man, accompanied by a lady. It was General Arnold, and the lady was doubtless Mrs. Arnold. They passed to the cenotaph of Major Andre, where they stood and conversed together. What a spectacle ! The traitor Arnold, in Westminster Abbey, at the tomb of Andre, deliberately perusing the monumental inscription which will transmit to future ages the tale o,f his own infamy ! The scene, with the associations which naturally crowd ed upon the mind, was calculated to excite various emotions in an Amer ican bosom; and Mr. Van Schaack turned from it with disgust. 148 THE LIFE OF "3d Sept., I was shown the Tally Office, at Westminster Hall, which is under the direction of Mr. Rose, deputy chamber- ' hin, from whom I have received many civilities. These tallies are billets, or faggots of wood, of which there are large heaps, and are vouchers for the receipt of the [several duties levied under different names and brought into the exchequer. There are coun terparts, which answer the purpose df cheques. There are par ticular notches signifying different sums, thousands, hundreds, scores of pounds, shillings, and pence. Welsaw some of those tallies of a very ancient date, called Jews' tallies ; the writing on them was not very legible, but it seemed they were proofs of payments made by these people. " We then proceeded to the Chapter House, in which are de posited vast numbers of musty records and rolls of King's Bench, and Common Pleas in the earlier reigns, pedes finium, records of the Star Chamber, &c. But what was most remarkable, in an adjoining chamber we were shown Dooms-day Book, written in Latin, very neat, and though 750 years old, not at all defaced by time. It contains a survey of all the real estates in England* marking their quantity of hydes, the number of villeins, and an account of the personal estates, &c. There are two large volumes upon this subject. There is another book containing extracts from these books, with some curious medallions and pictures interspers ed, and some of them representing mimcles of Edward the Con? fessor ; one particularly represents him under a curious figure with a staff in his hand, and giving a ring to John the Evangelist. . " We saw the articles indented between Henry VII., and the Abbot, &c, of St. Peter's, Westminster, in consequence of the erecting of that building, with a number of seals annexed. Also Henry VII. 's will (in remarkably plain and intelligible English, more so than it was in the time of Henry VIII.), with his signature both at the top and bottom of it. Among other curious things, it directs ten thousand masses to be sung, and directing where, after his de cease, to the Trinity, to the Apostles, Patriarchs, to the passion of our Saviour, &c. &c., marking how many to each, and two thousand five hundred to the five joyes of the Virgin Mary. The sum allotted to this service was £ 250, that is 6d. for each mass. ' " We were also shown instructions from Henry VII. to ambas- PETER VAN SCHAACK. 149 sadors who were going to the Court of Naples, to negotiate a treaty of marriage between Prince Arthur and Catherine of Arragon, describing in what manner they were to conduct themselves, and how to preserve their dignity ; directing them to take a particular view of the lady's person and features, her hair, complexion, eyes, lips, nose, and to attend to her breath whenever it could be decently done, and if possible before breakfast, observing whether she had not taken spices, &c, to mark her stature, and the height of the heels of her shoes. " We also saw a birth-day ode upon Henry VIII., of a very curious composition, by the poet-laureat of that day. Also a re turn made by commissioners appointed by that prince to inquire into the irregularities of religious houses, enumerating a great variety of enormous practices, and by whom committed. This was the ground for the subsequent dissolution of monasteries. It is said, that such as refused to confess themselves guilty, were severely punished for their contumacy, or possibly their innocence. " In the Tally Office, we also saw some old pieces of iron in the shape of horse-shoes, which, together with a parcel of hobnails, are annually delivered into court, by the Corporation of London, as the tenure by which they hold certain lands. " 5th Sept., dined at Streetham with Mr. Alexander, and took a walk to Norwood woods, a place famous for gypsies. " 6th. Went to Bartholomew Fair, a scene of every species of folly and ridiculous exhibition. Bartholomew Hospital is indeed a noble building. It was founded in 1105, and repaired and im proved in the reign of Henry VIII. " 7th Sept., attended Mr. and Mrs. Tiddeman, as I had done several other times at Mr. Cross's, Henrietta-street, a famous min iature painter, of whom it is remarkable, that though a great artist he is both deaf and dumb. " 29th Sept., left Gosport, on my way to Bath, and breakfasted at Southampton, a very pretty town, the greatest part of which is surrounded by water. An arm of the sea comes up to it. Here are bathing places, much resorted to at particular seasons ; and from it there is a view of the famous New Forest, where William Rufus was killed by Wat Tyler. " 13th October, I went from Bristol to Stroud, in Gloucester- 150 THE LIFE OF shire, through Wotton Underedge, and had a most agreeable ride. The country is hilly, but for the most part well cultivated : the valleys or bottoms are extremely rich, and from the eminences af- • ford the most pleasing landscapes. From Simon's Hill Bourn you ha ve a distant view of Bristol, Somersetshire, Wilts, the Malverin hills in Worcestershire, the Severn, the mountains in Wales, (and among others the Sugar loaf-hill,) and of almost all Gloucestershire. " At Stroud, and in the vicinity of it, Bezly, Nailsworth, &c, I passed five days in a most agreeable round of social happiness, enjoying more than at any time since my arrival in England; the sollicitee jucunda oblivia vita. The people are hospitable, sociable and well bred, particularly the women, who cultivate their minds with great assiduity and attention, almost as great as in most other places the ladies pay to dress. Music is a very prevailing object of attention there, as well as, I believe, in every part of England. " I had an opportunity of seeing Mr. Ellis, a worthy clergyman at Stroud, play on musical glasses, which afford a very pleasing sound notwithstanding the simplicity of the invention, which is said to have been Dr. Franklin's. He showed us very fine prints of the paintings of the Luxemburg galleries, by Rubens. There are many very wealthy and extensive manufacturers at Stroud ; one dyer I was told consumed from five hundred to a thousand ton of coal every year. The process in the woollen manufacture is through not less than thirty-four different stages. " 17th Oct., we returned through Nailsworth, where we dined with Mr. Webb, who is remarkable for his large and very agreeable family, having not less than five fine daughters : ' ' Facies non omnibus una Nee diversa tamen; — qualem decet esse sororum.' " I owe the pleasure I have derived from these agreeable excur sions to my worthy friend, Mr. Richard Aldridge, of Bristol. " 19th Oct., a year since I left my native country ! " 24th Oct., went with Mr. A. to Bath, where he introduced me to Mr. Francis Adams, a young gentleman of great merit and considerable fortune, but much afflicted with a gouty humor which flies about his stomach and into his head. This gentleman has travelled in France and Italy, and is conversible and entertaining; but there are instances of his benevolence, particularly one towards PETER VAN SCHAACK. 151 an old gentleman of the name of Styles, which do real honor to his heart. N. B. This Mr. Styles has left in manuscript an abridg ment of Domats. Civil Law, and a Latin grammar, of which I hope to get the perusal. " 28th Oct., dined with Dr. Stonehouse, who entertained me with a long and particular account of Mr. Hervey, of whom he was a neighbor and very intimate friend. " 22d Nov., arrived in London, and went to the city election for chamberlain, where I saw an amazing concourse of people of a very decent appearance. I was very advantageously ¦ situated in one of the small galleries in the Common Hall ; and two days afterwards was upon the hustings, when Mr. Wilkes's competitor, Mr. James, declined any farther contest. " 16th Feb., set out from Bath for London, on horseback, in company with my friend Mr. Francis Adams, who went in his chariot, in which there was room for me in case of fatigue or bad weather. At noon we stopped at the Bear Inn, Lawrence, Devizes, and dined and staid all night at the Castle Marlborough, a most elegant inn, with fine gardens, walks, and waters abounding with fish. This was formerly one of the country seats of the Duke of Somerset. In the garden is a high artificial mount, which is ascended by walks winding around it, and by so gentle an acclivity as to be scarce discernible. We were ten minutes going down it at a moderate pace, from the summit to the bottom. " 17th. We stopped at the Castle, Speen Hill, another most ele gant inn near Newbury. Just by this inn is the spot where a famous battle was fought during the civil wars, in which Lord Falkland fell. The view from this hill, and indeed almost all the way from Newbury to Reading, on the south side of the road, is extremely rich and fine. The fertile valley is bounded by an agreea ble rising ground, running parallel with it, and decorated with elegant seats. " 18th. Proceeded to Windsor. Went up to the top of the Tower, which affords a most magnificent prospect of the surround ing country — not less than twelve different counties in view. In this building are apartments in which Marshal Belleisle, and other French prisoners of distinction, have been kept. Here is also an armory. We were then shown the Palace, containing a great va- 152 THE LIFE OF riety of apartments hung with tapestry, and very excellent paint ings, by the most eminent hands. After walking the terrace, we went into St. George's Chapel, in which there is some fine painted glass, and in the choir are the banners of the Knights of the Garter, as those of Knights of the Bath are in Henry Vllth's chapel, West minster Abbey. Knights of the Garter are installed at Windsor. The expense, it is said, is ten thousand pounds. " 18th. Left Windsor, went through the Park about three miles, and then passing by the Duke's Lodge fell into the Bagshot road, through Egham and Stains, which is upon the Thames, and struck across to Hampton Court, through Sunbury Common. Hav ing a most delightful day, we saw the paintings at the Palace to great advantage. In general I think they have the advantage of those at Windsor, though there are excellences in particulars at either place, in which it is impossible for any but an adept to give a preference. The gardens, the large gravel walks, the park, the vast sheets of water, exhibit great and magnificent as well as pleasing scenes. We then set out for London through Bushy Park, along Mr. Walpole's Abbey-like house, at Strawberry-hill, through Twittenham, and came into the London road near the ele gant gateway of Sion House. " 7th March, I went to Mr. Dane's private exhibition in Great Hart-street, Covent Garden, where I saw a number of drawings of different parts of Italy, and of curiosities in that country; but the principal thing was a representation of Mount Vesuvius, in an eruption of that volcano, on gauze. The room was darkened and a number of wax candles lit up. It represented the mountain in a flame, shining over the adjacent country, with a distant view of Naples, the sea, &c, and a roaring noise as of thunder was heard. " 10th April, I was at the Cockpit, White Hall, where the Lords Commissioners were met to determine upon appeals from the courts of Admiralty. In the evening, I attended a debate in the Westminster Forum, upon the question whether the immediate acknowledgment of American independence upon the terms of a general peace, would not be preferable to a continuance of the war against the allied powers — determined in the negative. " 2d May. Began attendance on Mr. Birch, surgeon, No. 12 PETER VAN SCHAACK. 153 Essex-street, Strand, for the benefit of my eye, he offering to ad minister electrical opefations upon it. " 16th June, [1780,] I set out in company with S. M. Dyck- man for Cambridge, where we arrived at five o'clock in the eve- ing ; attended prayers at Trinity College Chapel, and supped on cold mutton and gooseberry fool, at the Common Hall. Next day we viewed the Library of that college, (a very magnificent one,) the public University Library, the Senate House, and several of the Chapels. The walks on the opposite side of the river are spa- eious and pleasant ; though the ground about Cambridge is too flat to admit of any comprehensive views of the town or university. " In Trinity Chapel is a very fine statue of Sir Isaac Newton, and in the library are several pieces of antiquity, particularly the Sandwich marble brought over by Lord Sandwich, and purchased at a high price. The inscription is in Greek characters, the words regularly arranged under one another, to prevent interpolations. It purports to be an account of a sacrifice in honor of Apollo, in the island of Delphos, four hundred years before Christ, and contains a list of the contributions for defraying the expense of it. In the uni versity library, are several ancient oriental manuscripts, and an im pression of the first printing, and of several subsequent ones, show ing the rapid progress, in a' short time, of that art. In Trinity li brary, are Milton's juvenile poems in his own hand-writing, some of them without a single obliteration, and also a sketch of the Para dise Lost in its original form, which was dramatic. " But the most pleasing object at Cambridge is King's College Chapel, which is a spacious building, and a perfect model of Gothic architecture. The painted glass is exquisitely fine, and represents many striking parts of sacred history out of the Old and New Tes tament, showing on one side the types, and on the other the ac complishment of them. See the particular description of this ex quisite piece of workmanship* The trophies of victory gained at * " The chapel in this college is one of the rarest fabrics in Christendom, wherein the stone-work, wood- work, and glass-work contend which most de serve admiration. Yet the first generally carrieth away the credit, (as being a stone henge indeed,) so geometrically contrived, that voluminous stones mutu ally support themselves in the arched roof, as if art had made them to forget nature, and weaned them from their fondness to descend to their centre. And yet though there be so much of Minerva, there is nothing of Arachne in this 20 154 THE LIFE OF Manilla are put up here by Sir W. Draper, who was of this col lege. " 18th. We dined at Huntington, the place of Oliver Crom well's birth, (of whom the people seem to inherit his spirit, and are proud of his birth.) We saw the house where he was born. I could not help observing in Huntingtonshire and Bedfordshire strong traces of the New England accent. " 24th June, I set out on horseback with Francis Adams, Esq., for Oxford, and passed through Uxbridge and Wickham, and lodged at West Wickham, where we visited the elegant gardens of Lord Le Dispenser. " 26th. Arrived at Oxford, and dined at the Angel Inn. In the afternoon took a walk in Magdalen Walks with Dr. Nicholson, with whom we spent the evening in the common room, having attended prayers at the beautiful chapel of New College. " 27th. Attended the university sermon, and then, attended by Mr. Davie, of Trinity, and Mr. Murthwaite, of Queen's College, we went into several different chapels, halls, common rooms and gardens. I visited Ratcliff and Ashmolaean Libraries, the Theatre, building j I mean not a spider appearing, or cobweb to be seen on the (Irish wood or cedar) beams thereof. No wonder, then, if this chapel, so rare a structure, was the work of three succeeding kings ; Henry the Sixth, who founded it ; the Seventh, who farthered ; the Eighth, who finished it. " It is 315 feet long, 84 wide, and 90 feet high to the battlements. The second and inner roof of stone [begun in 1513] is in the form of a grand Gothic arch, without so much as the appearance of a pillar to uphold it ; the buttresses and towers of the chapel being its only support. In the middle of this roof, and in the flattest part of it, are fixed perpendicularly, at equal distances from one another, stones, (adorned with roses and portcullises,) every one of which is no less than a ton weight. Each of these is upwards of a yard in thickness, and projects beyond the other parts of the 'carved work. But what may justly claim an equal degree of wonder is, that those large stones in the centre of each severy, which may be considered as the key-stones of the vault, might at any time be safely taken out without en dangering the vault itself. Hence it appears, that this roof is so geometri cally contrived, that it would stand firm without either the walls or the key stones. "There is a tradition that Sir Christopher Wren went once a year to survey the roof of the chapel of King's College, and said, that if any man would show him where to place the first stone he would engage to build such another." — An account of King's College Chapel, in Cambridge, by Henry Maiden, Chapel Clerk. 3d Ed., 1779. PETER VAN SCHAACK. 155 the Arundel Marbles, the Picture Gallery, the Convocation Room, the Divinity School. Also Christ Church Picture-room, Library and Hall. After dining with the Rev. Mr. Davie, (Fellow and Purser of Trinity,) I went in the evening down the river with some gen tlemen of the University, in a boat, as far as , where I was introduced to the Rev. Mr. Noel. Here is a very ancient church, remarked for a Saxon arch. " 27th. Mr. Adams and I rode out to the pleasant seat of Lord Harcourt, at Nuneham. " 28th. Walked about the town, and occasionally looked into different places we had seen before ; particularly New College Chapel, in which there is an excellent organ, which, combining with the chanting of the choristers, and the religious characters de lineated on the windows, and the solemn gloom which the light in the chapel derives from the paintings, produces a most solemn and pleasing effect. There are in the great window of the ante- chapel three figures, representing Hope, Faith, and Charity, lately put up ; they were designed by Sir Joshua Reynolds, and painted by Jarvis, and are beautiful beyond expression. " All Souls' library is a most magnificent one ; in it is a statue of Colonel C. Codrington, one of the benefactors. He was cap tain-general and governor of Barbadoes. ' Quem varias edoctum Artes, Studiisqu Mineroce Omnibus ornatum, Marti Rhedicyna* furenti Credidit invita, et tanto sejactat Alumno.' — Addison. " 29th. We made a party to Blenheim House, rode about the park, and then saw the house. After dinner, we took a walk through the gardens. About two miles beyond the park walls, at a place called Stone , we were shown some Roman pavement or tesselated mosaic work, the floor of some ancient habitation, and near it a Roman bath, which was discovered in 1711, when a house was built over it which was destroyed soon after, and lately the rubbish again cleared away. It is in perfect preservation, and the colors, which are unchanged, are various. I took a few of the stones with me. Returned in the evening to Oxford. " 30th June, dined in Trinity College, and in the evening set * Ancient name for Oxford. 156 THE LIFE OF out for Buckingham, (through Beicester and a cross country road,) where we lodged at the White Hart. " 18th July, went to Stowe Gardens, which are truly paradisai cal. Nothing can exceed them in beauty and elegance. Many alterations have been made, of which I have taken notice in the printed description of them, which in the main is just. Mr. Pope's bust remained without an inscription in the time of his noble friend Lord Cobham, since which the following has been put under it on a piece of white marble. 'Alexander Pope, who, uniting the correctness of judgment with the fire of genius, by the Melody and Power of his Numbers, gave Sweetness to Sense, and Grace to Philosophy. He employed the pointed brilliancy of Wit to chastise the Vices, and the eloquence of Poetry to exalt the Virtues of human nature, and, being without a Rival in his own age, imitated and translated, with a spirit equal to the Originals, the best poets of Antiquity.' " This bust is at one end of the temple of British worthies, the latter fronting the Campi Elysii. At one end of the entrance into the ladies' temple is a statue of the late Lady Temple, with the words 0 Bea certe! over it; and on the other side is a vacant niche, intended to be filled with the statue of Lady Viscountess Cobham, and over it Fortuna domus. " On the fluted column to the memory of Lord Cobham, and around it, are these words : ' L. Luculli—Summi Viri; Virtdtem. Quis. At. Quam. Multi. Villarum. Magnificentia. ImtatV " In the evening we left Buckingham and arrived at Aylesbury, from whence, through a most beautiful, rich and plentiful country, we proceeded, 2d July, through Tring to Berkhamstead, in Hert fordshire, and striking across the country, arrived and dined at St. Albans, a pretty town on a hill, surrounded with a very rich country. "The abbey (for such it once was, though now a parish church) is very spacious, and is said to be built on the very spot where St. Alban, the first martyr in England, suffered. Many PETER VAN SCHAACK. 157 fabulous stories are related of him. In one place he is represented decapitated, and near him the executioner, in a stooping posture, holding his hands under his eyes as if to catch them ; for 'tis storied that he wept till his eyes dropped out ! There is one place in the nave, and about the middle between the front door and the choir, where there is a very remarkable echo reverberating at least a dozen times, and merely dropping or throwing down a handker chief produces a very audible sound. " Near St. Alban's are remains of the walls of the ancient Roman town of Verulam. " 25th August, I set out with Mr. Cruger for Bristol, where I arrived on the 26th. " 27th, 28th and 29th. Dined at the Merchants' Hall, at the anni versary feasts of the Mayor (Mr. Bull) and Sheriffs Brice and Har ford. The company was very large, consisting of the court, this being assize time, and of the military and pay officers, and of the princi pal gentlemen of the town and strangers. N. B. The Duke of Beaufort was there, and a son of Lord Abergaveny, and a foreign prince, Mr. Burke, &c. &c. " I attended the assizes at the Guild Hall every day, but there were no causes of great consequence, or any difficult points of law discussed. The judge was Nares, and the counsel sergeants Davy and Grous, Counsellor Morris and some younger ones, among whom was a son of the Earl of Chatham. Several observations occurred to me in the , course of the different trials, upon the pro ceedings, which I shall find a place for elsewhere. " 23d February, I went to the Royal Society at Somerset House [London], where, among other things, was read a letter from Dr. Blayne, on board the Sandwich, giving a very particular account of the late dreadful hurricanes at Barbadoes and St. Lucia, in October last, (between 3 and IIP. M.,) and, among many extra ordinary circumstances, mentioning the good effects which followed this dreadful agitation of nature upon the health of the inhabitants, and particularly the cure of several persons laboring under con sumptive complaints, and even pleurisies, though the patients were exposed to the open air in the violence of the storm. " 17th March, I went to Wanstead, where I remained till the 19th. 158 THE LIFE OF " 24th March, I paid a visit to Mrs. and Miss B., whom I found in great distress, owing to a paragraph in the Bath papers purporting that their kinsman, Captain A., had made away with himself. But on the 19th, I found they had received a letter from him, declaring that such had been his intention, and that in pursuance of it he had gone to the sea-side near to Bristol ; but when he was preparing to execute his fatal purpose, the apparition of his de ceased father prevented him from it. He adds, that doubtful whether it was not an illusion of his own brain, he made a second effort, when the apparition again showed itself. " N. B. It is said the last Lord Littleton had predicted his death at the precise time it happened, in consequence of an apparition. How far to believe or disbelieve the doctrine of apparitions in general, is a curious subject ; as to particular cases, each must de pend on its own circumstances, supposing the thing really to hap pen sometimes. Vide Spectator, Vol. HI. " 14th April, I went to Wanstead and saw Wanstead House, Lord Tylney's. Next day I walked over Lea Bridge to Hackney, and saw Mr. Nauden's Boarding-school. " 16th, I went through Woodford to the Bald-face Stag Inn, where there was a famous anniversary Stag-Hunt, it being Easter- Monday. " 18th July, I was at the House of Peers when the King made his prorogation speech. The Speaker presented a money bill with a short address to the throne, and several other bills were passed with the assent, as usual, in the old Norman French. " 20th July, I accompanied Gov. Hamilton and Major Hay to Mr. West's in Newman-street, where we saw a great variety of exquisite paintings, and sketches of that eminent artist. " 1st Aug., I went with the above gentlemen to the Tower, and had a deliberate view of the curiosities,* and dined at Billings gate ; after which we saw the annual rowing match from London Bridge. * But a fragment remains of the notes taken by Mr. V. S. of the curiosi ties in the Tower, and these were not systematized. He notices as " the most remarkable thing there, the wilderness armory, between three and four hundred feet long— one hundred thousand stand of arms disposed and ar ranged in beautiful and various order. — There are four large columns in the middle, with several hundred pair of pistols and swords about them. Along PETER VAN SCHAACK. 159 " 12th Nov. Reading Johnson's Lives of the Poets, I find an anecdote in that of Lord Roscommon which recalls my mind to the circumstance mentioned in this little journal, 24th March last." The observations which follow, were probably committed to paper in the latter part of the summer of 1779. " A man who expects to derive any advantage from his travels will be more anxious to select certain objects from which he may improve his mind, than to accumulate a great number, which may perplex it ; and as to those objects which he beholds for amuse ment or pleasure, he should, while their impressions are recent, as certain those particulars with which he was most pleased, as they will in a future day assist his recollection, and renew his entertain ment, even at a distance from them. " A person who has spent the former part of his life in a coun try yet in a state of infancy, and whose first settlement is little more than a century distant from the present period, will be sensibly af fected in the change to a country whose first settlement is even beyond the era of its history, and enveloped in fable, and which has been distinguished as the theatre of the most important scenes that are exhibited in the annals of mankind. A species of enthusi asm is excited, by the view of those places which we find recorded for such important events. We can scarce turn to any place, which is not distinguished by some memorable transaction of the warrior, the statesman, and the scholar. Human nature has here displayed all its virtues and all its enormities, all its dignity and all its baseness. When we recollect all the changes this people have gone through, the different and even opposite systems they have at various times adopted, and contended and bled for, we should the walls are various figures formed by arms and swords. Medusa's head, &c. &c. Sword of the Pretender. " Ordnance armory — large sixty pounder of Henry VIII. with his name on it, of copper. Large piece used at Edinburgh Castle in 1745-6. " Horse armory — Kings on horseback — coats of mail as used in ancient times, the very suits of armor used by particular persons ; order of fighting, three feet between each horseman. " Spanish armory — Spoils of the Armada — Image put on board by the Pope. ." Sword with which Ann Boleyn was beheaded. 160 THELIFEOF | hardly think hSpossible, that their history should be the history of the same people. ".The monuments of antiquity which we here discover, wheth er raised by pride, by zeal or superstition, or by more exalted motives, are a great source of reflection to a contemplative mind. In a religious view, while we reflect on the various and contra dictory systems to which the most venerable of these have at dif ferent eras been made subsepient, we see how prone to error is the human mind, when left to judge for itself, even with the best lights. But those altars which were j in former days devoted to an unknown God, it is to be hoped will now be employed only in the service of him in whom we live and move and have our being, and in the benevolent spirit of that religion which breathes glory to God in the highest, and on earth peace, good will towards men. " That ambition, which, where it has no real object, will create itself an imaginary and often a fantastic one, should have fixed its eye on this country, cannot be surprising. In the beauties and advantages of nature, whether for utility or pleasure, whether for its internal excellences, or the means it enjoys of obtaining foreign •accessions, none can possibly exceed it. Its insular situation, the fertility of its soil, the number and extent of its rivers, and the tempe rature of its climate, all combine to prove this. The face of the country is most beautifully diversified, and if we suppose those na tural advantages to be improved by every embellishment which the most refined taste and fancy can bestow upon it, we shall do but mere justice to the scenes it displays at this period. There is every variety that can be imagined, of hill and dale, of woods and plains, meadows and gardens, and every species of culture and hus bandry. A venerable Gothic structure, an elegant country seat, a delightful park, an ancient village and a well disposed town or city, everywhere at convenient distances, with sometimes an ancient castle, call up our attention. Every now and then we see a place which has been rendered memorable by some military struggle of ambition, where the blood of the innocent has been shed and offer ed up at the shrine of vainglory; vestiges of Roman encampments and fortifications still remain, to show us how transitory is the glory and the power of the greatest nations ! " In a country abounding with such a profusion of objects, it PETER VAN SCHAACK. 161 will be necessary to set bounds to curiosity. A few objects in every kind, may answer the purpose of improvement. The city of London itself is in some measure an epitome of the world. Its an tiquity and astonishing growth, its vast extent and populousness, the variety of people it contains, in every different situation from the monarch to the beggar, and from every nation on the globe ; its amazing buildings, ancient and venerable, modern and magni ficent, its wealth, its trade and intercourse with every nation in the World, all conspire to fill the mind with admiration. " In Westminster Abbey we have a specimen of perhaps the greatest excellence of Gothic architecture, nor can any thing ex ternal be better calculated to inspire the mind with religious awe and veneration. Its beauties are too many to be enumerated, and can only be judged of by the impressions they make upon the be holder, and the conclusion will be greatly in favor of the Gothic method of building for religious purposes, when we compare the Abbey with even St. Paul's, stupendous as that edifice is. The paint ings on the windows, against which we are apt to conceive a pre judice, as being a relic of popish superstition, have a very happy effect. Few can abstract their minds so totally from sensible ob jects, as not to require every external aid to their mental devotion. These should therefore be made auxiliary and subservient to the main purpose, ' and pour in virtue at the attentive eye.' Some of those paintings, particularly in the chapels of New College, Queens and Wadham, at Oxford, are exceedingly striking. The colors are vastly beautiful, and of an endless variety, no two of them being exactly alike; the light which is admitted through them is ex tremely pleasing to the sight, and the most interesting scenes from sacred history are there painted. The crucifixion, the resurrection, the ascension, among numberless others, are very affectingly repre sented. " Art here seems to have usurped the powers of nature by its imitation of her works. By her fiat, mountains are sunk down, and valleys made to rise, dry lands are turned into water, and streams are conveyed through mountains and over valleys, as it were through the air, to any distance. In short, it is difficult here to distinguish the improvements of art from the works of nature, as it is often to know what is reality and what deception in the public exhibitions; 21 162 THE LIFE OF some of which, by the by, strike me as having an evil tendency to skepticism in some very important articles. " The paintings and the sculpture with which the palaces and seats abound, prove the excellency of those arts, and that they have been carried to a degree of perfection of which I had no idea that they were capable. Of numbers of the performers it may be said that their ' art is nature, and their pictures thought.' It may be doubt ed, however, whether there is not in some of them rather too much of nature, not to interfere a little with the rules of decency, for it will be difficult to view those strong resemblances with an eye ab stracted altogether from the objects in nature which they imitate; and unless, on those occasions, we can resume the purity and inno cence of Ederi, a fig leaf at least ought not to be dispensed with. Some of those pieces will make the story of Praxy teles appear less .fabulous than we might at first imagine. " It is said, that the three instances wherein England is distin guished above other nations, are their women, their gardens, and their inns. The last, indeed, are at a degree of excellence not to be exceeded ; the second consist of serpentine walks, shaded and bordered with shrubs, trees and flowers, disposed in the greatest im aginable variety. The women of this country are indeed beautiful and healthy, not generally tall, and full chested ; numbers pitted ¦with the small pox. They seem generally of a pleasurable turn, and I fancy more disposed to spend a fortune than to save one. That of intrigue is a very prevailing spirit among them. Music is more an object of their attention and business than the domestic du ties. The number of places of dissipation and pleasure are in conceivable, especially about London. Sundays are days of riot, excursion and dissipation. " I have not, in the course of my residence in England, seen any thing in the manners of the people, materially different from those of the people of America. The arts of luxury and the re finements of pleasure are, indeed, carried to an excess from which we (thank God) are as yet far distant. An acquaintance with the manners of the principal families at New- York, before the present troubles, gives a good idea of those of the towns in England, and the people of New-England compared with the country peo ple in England, pretty clearly, in their manners, show their origin. PETER VAN SCHAACK. 163 The latter reflection has often made me recollect the surprise Eng lishmen have expressed at the singularities, as they have supposed them, of the inhabitants of New-England. Indeed, the rigid ob servance of the Sabbath, in that part of America, does not prevail in any part of England I have seen. The New-England dialect is not more remarkable than that of almost every county in England. The Somersetshire is infinitely more uncouth, so is the Norfolk ; and that of Bedfordshire, Huntingtonshire, and Bucks, resemble it strongly. " I think it a fault in a stranger to confine his conversation to his own countrymen only, instead of mixing, as he ought, princi pally with those of the place he is in. This is a fault of English men abroad, and of Americans in England. " An American here, will view objects familiar to the people of England with a kind of enthusiasm similar to that which an Eng lishman feels abroad. The monument of Shakspeare will affect us as the tomb of Virgil will them ; like Italy to them, will Eng land affect us. And while they reflect on the changes of that once happy seat of liberty, of science, and of the muses, may we not prognosticate a like period to the glory of this nation, raised upon the same pillars and to fall with them 1 — These are painful reflec tions which cannot escape a liberal mind, while we tread this classic ground." 164 THE LIFE OF CHAPTER VIII. Me. Van Schaack's diary, journals of travels, correspondences, notes of debates in Parliament, written speculations on public affairs, and various other manuscripts, sufficiently indicate that the six years spent by him in England were not suffered to pass away in listlessness and indolence. With an active and an inquisitive mind, and one predisposed to improve every opportunity of enlarging its fund of useful information, and of embellishing and perfecting that already beautiful intellectual superstructure, for which a suitable foundation had been laid in his previous education, he found his time abundantly and usefully occupied. In the conversation and society of literary men and of the sages of the law ;— in his re peated visits to various literary, philosophical, and other public in stitutions ; — in his excursions and travels to objects and places rendered venerable or interesting, by their antiquity, by historic fame, or by classic association ; — in the proceedings of the courts of Westminster Hall ; — in the discussions which agitated, and almost rent asunder the public councils of Britain, and of which his native country was the frequent theme ; — in the portentous as pect of European affairs, and which, by the wars of Britain with France, Spain and Holland, were carried into the four quarters of the globe, — he found ample subjects for the action of his mind, and in many of them for the,disposition of his time. His worth was re cognized, and his good qualities, and literary acquirements and in clinations, gained for him an introduction to many valuable friends, which soon ripened into intimacy, and secured for him superior means of information, and such opportunities for enlarging his fund of knowledge as have rarely been enjoyed by Americans visiting England.* * Mr. V. S. was accustomed to relate many conversations and anecdotes of great interest, which came to his knowledge, or took place in his inter- PETER VAN SCHAACK. 165 His situation in the metropolis, (where he spent most of his time,) imposed upon him the discharge of many duties in the service of his unfortunate countrymen, who, like himself, had been driven from their homes by the civil war, and who naturally sought the aid and counsel of a fellow-countryman of his reputation and abilities. His services were always promptly rendered, and without compensa tion, although often attended with onerous labor and great en croachments upon his time. His pen was employed to secure remuneration from the British government for many loyalists, who had lost their all in the civil war in America, and in vindicating their character and motives from the indiscriminate attacks which had been made upon them, by some of the speakers in the British Parliament.* In writing from London to his friends in America, he says: "No man existing devotes himself more to his friends than I do ; for whom am I employed often from morning to night, and what is my reward 1" — " Hardly any man, I believe, has such a multiplicity and variety of applications as I have." — " However I may be considered on your side of the water, permit me to say, here I am marked by my friends for the great variety of business I go through, and all the concerns of others and gratis in the bargain." Mr. Van Schaack was a frequent attendant upon the proceed ings of the British Parliament, and made notes of some of the debates ; particularly those on American affairs. A few months after his arrival in England, the conduct of the British General, Sir William Howe, and of his brother Admiral Lord Howe, in the American c ampaigns, was made the subject of Parliamentary in quiry. The two brothers had been associated in the military com mand in America, and had also acted in conjunction, under an act . of Parliament, as commissioners for restoring peace. The flagrant mismanagement of General Howre in the American course with conspicuous characters in England. No memoranda were made of these at the time, and they cannot now be narrated with the necessary accuracy. With the author it has been a subject for reproach, that opportu nities for perpetuating these precious relics, have been suffered to pass by, which, alas ! are now lost forever. * It should here be observed, that Mr.V. S. never made any application to the British government for remuneration for his own losses and sufferings in the American war. 166 THE LIFE OF campaigns,had excited great dissatisfaction in England, and no doubt was exceedingly provoking to the American loyalists. It is natu ral to suppose that those Americans who, upon principle, and from a sincere desire to promote what they considered the happiness of their country, were opposed to taking up arms against the parent state, now that the sword was unsheathed, should have desired a speedy restoration of peace and tranquillity ; and, to that end, should have anticipated prompt and vigorous movements on the part of the British commanders, instead of a protracted war. Not to mention others, in a long catalogue of military blunders, the neglect of General Howe to follow up his first victory on Long Island, and his suffering the American army, when completely in his power, to secure their retreat to the continent ; his protracted inactivity in New-York ; his wretched movements in New Jersey and Pennsyl vania, and, above all, his " wild-goose" expedition to the Delaware and the Chesapeake, at the most critical juncture of the war, and when, according to his instructions, he should have directed his movements to a co-operation with the two armies from Canada under Colonel St. Leger and General' Burgoyne; — constituted a series of inexplicable military blunders and misconduct ; and the unmeaning festival of " Mischienza" given to him by his fellow- officers at Philadelphia, which closed his military career in America, constituted the only evidence of his " empty victories." It is impossible now to divine what might not have been the consequences to the liberties of America, had the British commander followed up with vigor his first success upon Long Island. That there was a chance (and that not a narrow one) for a result fatal to American independence, must be conceded ; although it may well be questioned, whether the spirit abroad in the American people. would have admitted of any thing more than a temporary subjec- . tion. And yet, had the British commanders fully prosecuted their conceded advantages in 1776, and the early part of 1777, the junction of the two armies from Canada and New-York, in the next campaign, would have been highly possible, if not probable; and had Parliament, on such an event, under the specious plea of attaching magnanimity to success, immediately repealed all the obnoxious acts, the United States might have continued for many years to be British colonies, and the genius of history would have PETER VAN SCHAACK. 167 been left to stigmatize as a " rebellion," those efforts which success has stamped as a mighty Revolution. A British historian* refers to the severe strictures of the politi cal writers of that day, upon General Howe's military conduct in the American campaigns. Mr. Van Schaack probably entered the lists on that occasion. Among his manuscripts was found the fol lowing document, in his own hand-writing. As the production of a writer of known candor, and of an intelligent American, who was well acquainted with the geography of the country, and who was also in his native country at the time the questioned military move ments took place, and who, to these advantages, added that of be ing now transferred to the capital of the British empire, where he had an opportunity of comparing acts with instructions; — the fol lowing article, while it cannot fail to interest as a classical compo sition, is worthy of preservation as a historical document. Before introducing this paper, however, it will be proper to place before the reader the following brief minutes made by Mr. Van Schaack of the Parliamentary debate in April, 1779, which gave rise to his composition. " 29th April, I attended the House of Commons from three o'clock till eleven, during all which time there were warm debates. The speakers were, " Lord Nugent. General Burgoyne, Lord North, Charles Fox* Mr. Jenkinson, Lord Howe, Judge Advocate of Scotland, General Conway, Mr. Onslow, Mr. Dempster. " Mr. Montague was in the chair, the House going into a com mittee, pursuant to their order, upon Sir William Howe's motion. The debate was very diffuse, the opposition endeavoring to bring on a general inquiry into the management of the American war, and ministry laboring to prevent it, by putting the question aside upon a point of order. General Howe having declared that the points to which he intended examining Lord Cornwallis and , were military questions general and particular, touching the general conduct of the American war, Lord Nugent declared against the House entering into a discussion of military points, of which the * Bissett. 168 THE LIFE OF House could not form a proper judgment ; and that it was unne cessary, as no charge was brought against Sir William Howe. He paid him and Lord Howe the highest and most extravagant com pliments. He said the design of France must look to an invasion possibly of England, but most probably of Ireland, and that this House had encouraged such an invasion, by their conduct towards the people of Ireland. " Opposition contended for a full inquiry. Blame must lie somewhere. The blood and treasure which had been exhausted to no purpose demanded an inquiry. The failure of the Northern expedition was hot to be considered separately. The whole war, and all parts involved in it were to be taken up. ; " Lord Nugent said Lord Howe's naval conduct could not be paralleled by any naval transaction in the history of Europe, or of the universe. Newspaper scribblers, coffee-house politicians were not to be regarded. It was only from such, not from administra tion, that any imputation had been fixed on the noble General. (No onehad, nor did, nor can — quere as to this. I understood Lord North so, but he denied having signified his approbation of General Howe's conduct.) " Lord Howe said that the inquiry was not to be into mili- tary manoeuvres merely as such, not the propriety or impropriety of an attack, &c, but that the conduct of the General was to be tried, as well as a statesman as an officer. " It was over and over said in the House, as it has been in the *, House of Lords, that the empire was dismembered — that thirteen provinces were lost — that the nation was on the brink of ruin- that Parliament and the nation had been hoodwinked — that seventy thousand men had been supplied (upon paper at least and in point of expense) for the American war. " Mr. Dempster said that he was in France when the news of General Burgoyne's defeat arrived there — that the French'were tired of their connection with America— that their merchants were uneasy at the credit they had given, but upon that event their sen timents instantly changed." The document from Mr. Van Schaack's pen before alluded to, was addressed to General Howe. peter van schaack. 169 "Sir: " The ground which your noble brother proposed for an inquiry into your conduct in America, in the double capacity you held as Commander-in-chief and as a Statesman, was liberal and just. If it had a greater tendency to advance the public justice than to promote your personal advantage or honor, it would argue the patriotism of an ancient Roman, in a national cause to sacrifice the feelings of the brother to the duties of the citizen. [The demerits of the one brother would then be atoned for by the virtues of the other, and the name of Howe still add lustre to the list of British worthies.]* " The characters you held were indeed important ; in one of which you had the direction of a great military force, aided and supported by a powerful navy ; in the other, you was clothed with the most ample powers by your King and country. Coercion and conciliation were equally in your power, and might mutually have been made subservient to each other. How you improved those advantages, with what fidelity you executed the unlimited confidence placed in you, are subjects which demand a serious inquiry ; an inquiry the more necessary, from the nature of that evidence which you now introduce before the great council of the nation. " After being at the head of the army for more than three years, during which time, in a constant correspondence with administration, you never gave the least discouragement from the prosecution of the war, you are come home bearing your blushing honors thick upon you, and enjoying the fruits of a most lucrative employment; and now you produce witnesses to prove the impracticability of the conquest of America. Motives of justice to your country, and a regard to your personal honor, should induce, nay impel you to explain yourself upon this subject; and the most superficial ob server will ask at what time you first entertained, this idea. Is it from the speeches in Parliament that it has originated, and is it in England that you have first learned the strength of America 1 If not, if you held this opinion earlier, was it not incumbent on you to suggest it 1 And why did you see your country exhaust its blood * " Dele" is written opposite the words in brackets, indicating that the writer had not perfected his composition, and thus raising a doubtwhether it was in fact published. : «, x 22 170 THE LIFE OF and treasure — why encourage to still greater efforts, if the object was fruitless and the purpose unattainable 1 Surely this idea, if it m- was yours, (and you found the justification of your conduct upon it,) ought to have been communicated, and your country apprised of their danger, to enable them to make a peace before it was too late; before the affections of the Americans were totally alienated, and before alliances were formed so hostile to the interests of this country. Your allies in politics have with consistency argued against this war in all its stages ; but what must they think of you, who could encourage its continuance, who could stimulate the minister to farther exertions, and who could shed the blood of your own troops in a desperate cause, and that of the Americans (ac cording to their opinion at least) in a just one 1 " The particular manoeuvres of your campaigns have been so often discussed, and are now so fully understood, that they need not be considered in the detail. Every rational American, whether of the one side or the other, formed his respective opinion of your abilities to carry on the war, and of your zeal to put an end to it, from the affair of Long Island. " Without considering the justice or propriety of the war, you, sir, came over against the Americans as against rebels ; as such, therefore, you ought to have directed your conduct against them. The principle of every state is, to suppress as speedily as possible the very first appearances of rebellion. It is an evil which is daily growing, and its aim is against the very existence of government. Principiis obsta is here the indispensable maxim, which you had every motive, as a good man, to pursue, and from which you had every reason, as a wise one, if the thing was not absolutely im practicable, to expect success. The American army was at that time in its infancy ; there was little discipline amongst them ; they were ill-appointed, and ill-provided with necessaries ; and, in the article of military stores, they were almost destitute of resource. Their numbers, though much exaggerated, were indeed considera ble ; but consisting chiefly of militia, in the state of discipline they were then in that circumstance was in your favor. The associated States had not as yet been organized ; their governments had not then taken root. If ever there was a time, this was it, to put an end to the war. If decision was your object, Long Island was the PETER VAN SCHAACK. 171 theatre for it. The situation of the country was in your favor. Those difficulties which are now so largely expatiated upon, ex isted not at Brooklyn ; there were no mountains, no impassable rivers, no impenetrable woods, no narrow defiles to impede your march or favor ambuscades. Works indeed there were, but what country is to be conquered without fortifications ? What war is to be carried on without hazard, and what object can so well justify risk as that of putting an end not only to a war, but to a civil war 1 " Yet here, in a time so auspicious, under circumstances so fa vorable for decision, what was your conduct 1 With an army of twenty-five thousand men, in the ' full powers of health, discipline and valor,' ably appointed and amply provided ; after routing with great slaughter your enemy from their advanced and most material posts ; when they were in the utmost confusion ; when they had lost two of their generals and a number of their best officers, and, panic-struck, retired into their works ; when your troops showed, as you say, ' a determined courage, and steadiness and ardor never exceeded, and when their pursuit was so close to the enemy's prin cipal redoubt, and with such eagerness to attack it that it required repeated orders to prevail upon them to desist from the attempt ;' and when you declare ' it was apparent (and who can doubt it T) that it would have been carried,' — ivhat was your conduct at this critical hour, when decision was in your reach 1 Your orders were — what 1 To embrace the favorable crisis, which as an offi cer and as a citizen you shouW so eagerly have seized, and which, under all its circumstances, will never return 1 To avail yourself of the general consternation, and of the insular situation where your enemy was absolutely precluded from a retreat 1 No ; in spite of the eagerness of your brave troops, and of the remon strance of some of your officers who could see no propriety in re pressing an impetuosity, which, in certain cases, (and this was one of them,) is irresistible, — you ordered your ' troops back to a hol low way out of the reach of musketry.' " It were to be wished, that you would attempt to justify your conduct by the example of some former commander, in a similar situation ; but, despising all former maxims of war, you will prob ably disregard its practice. If ever there was a first principle in any science, it is certainly one in the art of war, that an advantage 172* > THELIFEOF gained is to be improved ; that an enemy thrown into confusion are to be closely pursued, more especially when that enemy is an irregular undisciplined army ; and that the idea of superiority, which is perhaps the true foundation of courage, should be encour aged in his troops, and not checked, by a General. " But you argue, sir, as if you expected certainty of success to justify the attempt ; as if enterprise was criminal in war, and as if the relation between cause and effect was previously to be demon strated by the rules of mathematical precision. Not so argued the heroes you served under (and as a subordinate officer it is owned with credit) during the last war. The heights of Abraham and Louisburg, the redoubts at Martinico, and the fortifications of Havana, (not to multiply instances with which the British annals abound,) should have taught you what British troops are capable of, under Generals who encouraged, not restrained, their ' courage, their steadiness and their ardor.' " You say, however, that it was evident that ' the lines would have been yours by regular approaches.' Here, sir, you laid the foundation of confidence in the Americans upon the ruins of that superiority in your own troops, which none at that time was hardy enough to deny ; and, on the other hand, you dispirited as far as you could your own army, by folding up their enemy as on a foot ing of equality with them. Bu\ you ought to have foreseen the probability of what afterwards happened, against which the loss you would have sustained in an assault against men under the influence of panic, confusion and dismay, was not to be placed in competition. They knew too well the danger they were in upon an island to remain there. You should have known that they would not choose ground less difficult to you, nor confine them selves in works less strong. The men you thus absurdly permitted to escape, you had afterwards to encounter at New- York, at Fort Washington, and at the White Plains ; and for every life you saved by not attacking the lines at Long Island, hecatombs of British soldiers have fallen a melancholy sacrifice. " But, if these works were too formidable to be assaulted,- great and glorious to your country as was the object,— why did you not wait the co-operation of the fleet, in which event the ene my's retreat would have been cut off, and they subdued, as you PETER VAN SCHAACK. 173 express yourself, ' at an easy jrate V A suspension of the attack at Bedford for a favorable wind, if you was determined not to assail the lines, and knowing, as under that plan you ought to have known, that the enemy might retire in such silence as to elude your vigilance, would have been meritorious and consistent, at least with the excess of your Fabian caution ; or surely, at least you ought to have summoned them to surrender ; which, in the panic they were in, was full as probable as their laying down their arms afterwards at Fort Washington. " I have dwelt the longer upon this particular instance, because I consider it as the source of all the calamities which have since followed. If you was not determined to protract the war, — if you had no eye to lucrative motives, — your conduct betrayed the gross est ignorance. Motives of duty to your .King and country, — mo tives of preservation of your own troops, and even humanity to the Americans, whom you affected to consider as a deluded people, should have combined to make you improve this favorable crisis, — a crisis which has often decided the fate not only of armies but of empires. "Meaning to confine myself to such parts only of your con duct as are unequivocal, I shall not enter into the consideration of your particular manoeuvres, in which case you might call for maps, and proofs of the exact dimensions of every fascine, the depth of every ditch, the strength of every redoubt, and the height of every hill your enemy occupied. I shall also omit the total want of vigor in your operations, in the interval between the re duction of Long Island, the attack upon New-York, and your land ing first upon Frog's Neck, and then in the Sound ; nor will it be necessary to take notice of your disgraceful retreat from White Plains, when your enemy, in the language of one of their officers, (Mr. Trumbull,) were situated 'like a clan of wandering Arabs. ' * " The disposition of your army in Jersey, must strike every military eye, when the most important and accessible post was intrusted to a drunken and disgusted foreign officer. You had, in- * The letter from Mr. Trumbull which contains this expression, and which was intercepted and printed in New-York, is strongly descriptive of the ruinous condition of the American affairs, and concludes—" Nothing under Heaven can save us, but the enemy's going to the Southward." 174 THE LIFE OF deed, — as appears by evidence before the House of Commons,— ordered redoubts to be built, which would have secured the gar rison till they could have been relieved by the troops at Borden- town ; but why you did not enforce those orders, and when you found them disobeyed did not remove the officer, remains yet to be explained. " During this whole winter, when the enemy were exerting every nerve to raise an army, and when their whole force consist ed of but a few hundreds to guard their artillery and baggage at Morristown, you remained quiet and inert at New-York, promo ting schemes of diversion, instead of devising plans of military oper ation. Very important were the effects of your conduct on the minds of people in the country. The one side conceived a des pondency that the Commander-in-chief made not one exertion to check the reviving hopes of the enemy, or to wipe off the dis grace which had tarnished the British arms in the disaster of Tren ton ; while the other side exulted in that insensibility which was incapable of feeling this disgrace ; — compared you to Nero, who was fiddling while Rome was on fire, and were animated with confidence while they had you to contend with. You must recol lect facts that will convince you, that this representation of your enemy's sentiments of you is not exaggerated ; not to mention that you was a constant toast at the table of the Congress, you must remember that the celebrated author of Common Sense suggested the most sanguine hopes to the Americans, from their being op posed by a General who had committed such egregious blunders. He argued justly, that the panic your army had excited, and which might have been so fatal to the American cause had it been improved, might be converted into a real, permanent benefit in the advancement of it, and that they who had escaped such a desperate situation as had the Americans, ought not hereafter to despond under any difficulties. " Nor had you credit for any humanity, on the score of your inactive conduct. While the Americans despised you for your want of military exertion, they detested you for the cruelties you permitted to.be exercised upon the unhappy men you made pris oners at Fort Washington. Instead of making these the instru ments of regaining the prisoners of your army in New England, PETER VAN SCHAACK. 175 who, besides the accession they would have been to your numbers, would have given you that military intelligence you complain you wanted, and the want of which you would make a charge against the unfortunate friends of government ; you suffered your prisoners to languish in jails till they were deemed by General Washington improper subjects of exchange. It is to be wished, a veil could be thrown over your correspondence with General Washington upon this matter. The credit you had gained among your enemies, for the reluctance you expressed against entering into service against a people who had erected a monument to the memory of your ever-to-be-lamented brother, was easily effaced by your subse quent conduct, when they saw that your generosity was not proof against the temptations of wealth and power, and that your humanity could not one moment procure a suspension of your pleasures. " Your conduct in the campaign of 1777, has justly attracted universal inquiry. The chagrin of Britons, and of Americans friendly to Britain, was not greater than the exultation of her ene mies. Never was the public expectation raised higher than at the commencement of that campaign. You say yourself, that the rebels were sensible that their whole stake depended upon the success of that campaign, and that they used every compulsory means to those who did not enter voluntarily into their service. It had been received as a first principle in the conduct of the war, that a junction was to be formed between the two armies from Canada and New- York ; and indeed the opinions of all parties co incided, that nature pointed out the Hudson's River as the theatre of the war. Your own sentiments were known to have been clear and decisive upon this subject, and to have been in conformity with General Gage's ideas in his letter to the minister of 1st October, 1775, wherein he declares himself in these terms for preferring Hudson's River : ' Its situation between the eastern and western colonies is advantageous, besides being commodious in transporting the necessaries of an army. We are made to believe, also, that many friends in that province would appear in arms, and the troops receive many supplies they are in want of. A communication with Canada might be better secured than in any other part; and 176 THE LIFE OF during the winter, when troops cannot keep the field, attempts might be made upon' the Southern provinces.' " More cogent reasons it is impossible to suggest in favor of any measure. It is to be presumed that they were the result of a joint consultation with you and Generals Clinton and Burgoyne, the latter of whom came to England and procured the command of the Northern army, equipped with every necessary to act ' in concert' with you. In your letter of 9th October, 1775, you say ' that the corps from New- York' (which you propose to be twelve thousand) ' should be employed in opening a communication with Canada in the first instance ;' and you add, that ' the accomplish ment of the primary object for opening the communication being obtained.* by the two armies, these corps might take separate routes into Massachusetts Bay.' In November, 1776, you indeed propose a more extensive plan of operations, but as this would require rein forcements, which it was not probable could be furnished, it was dropped ; though, be it remembered, that of this plan the co-oper ation was an essential part, and Philadelphia was not to be invaded till autumn. In Becember, 1776, upon the declared expectation that your army would consist of nineteen thousand men only, you first suggested the design of acting offensively with the principal army in Pennsylvania, upon the ' change which you say had taken place in people's minds there ;' but then, you say, a corps would be left ' to act defensively upon Hudson's River, to cover Jersey, on that side, as well as to facilitate in some degree the approach of the army from Canada.' January 20th, 1777, you propose a reinforce ment of twenty or fifteen thousand men, which ' would enable you (you say) to enter the Belaware by sea, and the main body to pen etrate into Pennsylvania by way of Jersey, and there would also be a corps to act from Rhode Island. On the other hand, (you say,) if the reinforcements are small, the operations will be much curtailed, or if none arrive, we shall be obliged to act in one body in Jersey.' " We have now stated the different plans which you proposed, and as the King's approbation, signified to you in the minister's letter of 3d March, 1777, must, in your construction of it, relate to one or other of them, it is incumbent on you to show to which of PETER VAN SCHAACK. 177 those plans that approbation did relate, so as to authorize you to go to Philadelphia by sea, and under the material circumstance of evacuating Jersey, and leaving Hudson's River defenceless. Was it of the plan proposed in Becember ? In that you mentioned, as a part of it, ' the covering Jersey, acting defensively on Hudson's River, and facilitating the approach of the army from Canada.' Was it of the plan proposed in January, 1777 1 Then you say, that ' without reinforcements, you must curtail your operations, and act in one body in Jersey.' Was it curtailing your operations, or acting upon a smaller scale, (as you say you would be compelled to if no reinforcement arrived,) to go to the Chesapeake ? Your own letter from the head of Elk contradicts this, for you urge your then extended situation as a plea for demanding greater reinforcements ; and yet you say in another letter, that you, was restricted from entering upon more extensive operations by the want of forces.' " You were told that your reasons for the deviation from your original plan were ' solid and decisive.' What were those reasons 1 In your letter of December, previous to the Trenton disaster, you say there was ' a great change in the minds of people in Pennsyl vania,' which induced you to determine on going thither, retain ing Jersey, however, and concerting measures to facilitate the approach of the army from Canada. Did these reasons remain, or was there no change of circumstances 1 " In your letter of 20th January/ 1777, you say, ' the unfortu nate and untimely defeat at Trenton had thrown you farther back than was at first apprehended, from the great encouragement it had given to the rebels.* And in your letter of 7th July, you say, 'that the war was then upon a far different scale, with respect to the increased powers of the enemy, than it was the last campaign, their officers being now much better, with the addition of several from the French service.' " These material changes of circumstances, though perfectly known to you, the King, at the time of his approbation given to you, was wholly ignorant of; but even that approbation, such as it was, was qualified, ' his Majesty being of opinion that a warm diversion ought to be made on the coasts of Massachusetts Bay and New Hampshire ;' a wise precaution, as it is well known that from the coast of New England came a considerable part of the army to 23 178 THE LIFE OF which General Burgoyne became a prisoner. But this material circumstance you entirely disregarded. Jersey was totally evacu ated ; the Hudson's River abandoned ; the co-operation all at once thrown out of sight, and the Northern army left exposed to all the difficulties of ' a wild uninhabited country,' and opposed by the whole force of New England, unassisted, while you took a sea- ' voyage °f nve weeks with your army. You had not, therefore, the minister's approbation, much less his orders, for going to Phila delphia, nor did you pursue the King's pleasure, either in the letter or spirit of it. " Your first intimation of going to Philadelphia by sea, and at the expense of evacuating Jersey, was 2d April, and was received by the minister the 8th May. To this you received the King's assent, indeed, because it was your plan, and because you was upon the spot, and his Majesty had confidence in your military skill ; but you was told that ' his Majesty trusted you would meditate nothing that would prevent your co-operation with the army from Canada.'* This fundamental principle in the conduct of the American war, his Majesty never lost sight of. In the minister's letter to Sir Guy Carleton, of 26th March, a copy of which ym received before you sailed from New- York, it being transmitted to you for your direction, he says, ' it is become highly necessary that the most speedy junction of the two armies should be effected ;' and in another part of the letter it is added, that ' General Bur goyne and Colonel St. Leger must never lose view of their intended junctions with Sir William Howe, as their principal object.' The receipt of this letter you acknowledged on the 5th July, and say that to the contents of the different letters you would 'pay we regard.' " It is astonishing to observe, that notwithstanding you knew that the junction of the two armies was the capital and lead- * "The co-operating with the Northern army is by no means incomp with the expedition to the southward, as it must at that time have appeared to the King, for a march by land to Philadelphia, in the beginning of the cam paign might have been effected, and part of the army, at least in the latter part of it, sent up the Hudson's River ; and it is remarkable that you left an opening for this idea of your intention, by your so frequently urging that it could not be till September that General Burgoyne could be down." PETER VAN SCHAACK. 179 ing part of the whole operations, — notwithstanding you had your self upheld this principle in every one of your letters, except one to which you received no answer till you was at the head of Elk, — though you call it the primary object of the campaign, and though you found that the armies from Canada by way of Hud son's River and the Mohawk were instructed to expect your co operation, and were regulated upon that principle, — though you had the minister's letter to Sir Guy Carleton, wherein he says that ' the most speedy junction of the two armies was absolutely neces sary,'- — yet in your letter to the minister of 7th July, you say you do not suppose the two armies could absolutely join in that campaign, and you assign for a reason, that ' you apprehend Gen eral Burgoyne would find full employment for his army against that of the rebels opposed to him,'* — the very reason of all others the strongest, why you should have desisted from your other Quix otic expedition to the head of Elk, and have extended to General Burgoyne that aid which you foresaw he would stand in need of. " I have shown, I think, to a demonstration, that you never had the King's approbation, much less his orders, to undertake your wild expedition to the southward, upon any possible construction of the correspondence between you and the minister ; that it was manifestly contrary to his Majesty's intention that you should leave the Northern and Western armies unassisted, and therefore that the responsibility of all the consequences of your conduct must rest upon you ; unhappy consequences indeed, — the loss of a great and brave army, of a large train of artillery and other military stores, and in its event, an alliance which has involved this coun try in a foreign war !f * " Notwithstanding this opinion, yet nine days afterwards you say ' that if General Washington should march with a determination to force General Burgoyne, the strength of General Burgoyne's army is such as to leave you no room to dread the event.' Thus, after saying that General B. would find full employment against the army opposed to him, is he all at once strong enough to cope with the whole force of General W.'s army and the united strength of the whole New England militia, whose discipline and valor your witnesses now so much extol. All this was to be effected by a subordinate corps, while you, with three times the number of that corps, avoided General Washington's army alone, in an open champaign country." t " It was positively asserted by Mr. Dempster, who was in France upon 180 THE LIFE OF1 "Never was there a stranger phenomenon exhibited in the an nals of military history, than your voyage to Chesapeake Bay; nor is it to be accounted for upon any principle, but a determined purpose to make a sacrifice of General Burgoyne's army. Indeed; you have attempted to prove that this manoeuvre was the best diversion in favor of that army ; a proposition of which the ab surdity is conspicuous from the bare state of it. But, your business was co-operation, not diversion ; your business was to meet danger, not to fly from it. Instead of which, with an army of fifteen thou sand men, in the season for activity and service, you abandoned the continent, fled from your enemy, and took a circuitous voyage of several hundred leagues in order to arrive at a place from which, at the time of embarkation, you was distant only about fifty miles; leaving such a distance between you and General Burgoyne, as effectually deprived him of all sort of support from you. Thus was the primary object of the campaign devoted to a mere col lateral one, which you thought proper to substitute in its place. Thus, while you was under a necessity from the want of reinforce ments to curtail your operations, you extended them, and extend ing your situation you call ' acting upon a smaller scale.' Your enemy, who could not suppose you guilty of such egregious folly, imagined you had meant only to deceive them by going to sea, and expected you would suddenly move up the Hudson's River, and until you emerged into sight at the Delaware, General Washington was kept in suspense between the Delaware and Hudson's Rivers : at length you were advertised as the ' Skulking General,' and a re ward offered for the apprehension of you, in the Connecticut papers. " Your operations in Pennsylvania are perfectly of a piece with your preceding conduct. Decision, which ought to have been your object, here again you avoided. The action at Brandywine was left unimproved, and a routed enemy suffered to retreat, to carry off their artillery, and without interruption to collect their scattered force. " The affair at Germantown must fix an indelible stain upon the arrival of the news of General Burgoyne's surrender, that the French had begun to be tired of their American connection till that event, which fixed their wavering disposition into a decisive part against this country." PETER VAN SCHAACK. 181 you. Though you had previous intelligence (and military intelli gence too) of the design, and with such precision that you acquaint ed Sir George Osborne, who was on the right flank of the army, with the exact time when the attack would take place, yet no pre vious preparations were made ; part of your army was surprised, and after a handful of your gallant troops had defeated the whole force of the enemy, you suffered them again to retire unpursued. Fresh as your troops were, and wearied as must have been the enemy's after a fatiguing march in the preceding night, and broken and defeated in the action, yet they were suffered to carry off all their artillery. " The neglect of taking possession of Red Bank while it was unoccupied, and the feeble effort against it after the enemy possess ed it, and the monstrous delays in the attack upon Mud Island, furnish objects for severe animadversion, but are too copious for this discussion. Your march to White Marsh, however, cannot be passed over, when, with an army of fourteen thousand veteran troops, you proceeded to the enemy's front, where General Washington showed a disposition to receive your attack, (as he had done before in Jer sey,) and to submit to that decision which you ought to have panted after. But here you waived the trial ; you remained in the enemy's view, and then shamefully retreated, leaving no other impression upon them than a confidence in their own strength, and no other vestige of your excursion than plunder and rapine. Your reason was that you hoped they would have quitted their works and attacked you. For shame, sir ! Was it General Washington's business to attack you 1 Was he to quit an advantageous position to fight you upon equal terms 1 If you retired, the country re mained his ; what knight-errantry, therefore, would it have been in him, to leave his works and to attack your superior force ! Fabius is his well-imitated example ; 'tis pity you could not make Han nibal's yours. You was in hopes he would have been encouraged by the reinforcements he had received from the Northern army. You should not without blushing mention that encouragement, which had arisen from your desertion of General Burgoyne's army, and here, as in other instances, you make your crime your excuse. " Your are now taking unwearied pains to detract from the merit and the numbers of the friends of government, and you have 182 THELIFE OF motives for urging this, since your total neglect of them when they joined you, and your permission of a general, indiscriminate plunder, can be palliated in no other way. Perhaps you reasoned as your confederates in party have done, that they merited no better fate who would not join their countrymen in this cause ; but these gentlemen should consider, why an American loyalist has not an equal right to his opinion with a British patriot, and why to dissent from public measures in America is more criminal than to oppose them in Great Britain. You once, sir, felt for these unhappy men, whom you recommended to the notice of government as persons ' who had quitted the whole of their property and estates ; some of them very considerable in value.' You have known of numbers who, for their loyalty and attachment to this country, have been imprisoned, banished and deprived of their estates by confiscation; of very many who, endeavoring to join you, have been confined in loathsome jails, tried for their lives and condemned to an ignomin ious death, which several of them, and some with your commissions in their pockets, have actually suffered, without the least interpo sition on your part in their favor. How could you expect assist ance from these people when they were thus treated ; when you marched into the country only to abandon them to the fury of their enemies, and when under your written protections they were ex posed to the plunder of your army, and when in this unequal con flict the King's friends were to suffer as traitors, while his enemies, whom you affected to call rebels, were treated only as prisoners of war? " The history of your own country might have taught you how difficult the situation is of loyalty under the power of a usurper, where the fear of punishment keeps every man in awe, where every word is punishable, where every intercourse of sentiment is a con spiracy, and every act treason. And yet, under all these discou ragements, who have filled up your provincial corps, at several times as numerous as your enemy's whole army, and what has been their behavior when they were called into action at Brandywine, at Fort Montgomery, and at Rhode Island, to mention no other in stances 1 And as to your complaint of want of intelligence, it is incumbent on you to point out what enterprises vou neglected to make for want of intelligence, or in what attempts you failed PETER VAN SCHAACK. 1S3 through false information. Was the destruction of the stores at Danbury and Peekskill, the taking of General Lee, the attack upon General Wayne by General Grey, effected without intelligence, or is it a proof that you had no intelligence of the attack upon Ger- mantown, because you made no preparations to receive it, and be cause part of your army was surprised 1 "A review of your conduct and a detail of your military trans actions, carry with them the severest censure ; but no part of this falls to the share of your gallant troops. To your shame it will appear, that they have never made one attempt in which they have not succeeded, and have never once lamented the difficulty of an attack, but always your backwardness in leading them to it. " Had the time of your military inactivity been employed in the business and attention of the statesman, some apology might be made for it. But in vain do we inquire for the use you made of the extensive powers you held, for any system you pursued to encourage, and thereby to increase the numbers of the King's friends, to conciliate the affections of the well-intentioned, to fix in your favor the wavering and irresolute, or to reclaim the deluded and misguided. You neither inspired terror nor courted friendship ; and whether your conduct was more inglorious as a soldier, or in judicious as a statesman, remains yet to be decided. " Whether the conquest of America is or is not now practica ble, is a question, though of the last importance, not material in this discussion. If it is impracticable, as you now endeavor to prove, the. greater is your crime in neglecting the favorable mo ments when the case was otherwise. To argue from the present actual state of America, in justification of your conduct when it was in every respect totally different, is a subterfuge unworthy of a candid man. The degree of discipline they have attained to, the number of their resources, and the strength they have acquired from their alliance with France, are to be ascribed solely to your mismanagement. The idea of the comparative strength of this country and of America, which you held in 1775, seems now total ly reversed ; for then you concurred with General Burgoyne, that the two hundred thousand men which General Lee boasted Ame rica could bring into the field, would be no match for the power of Great Britain. 184 THE LIFE OF " In short, if America is lost to this country, it must be imputed to you. The glorious opportunities you have omitted of putting an end to this destructive war may never return, and the blood and treasure which you have so wantonly and profusely squandered are chargeable to you only. The loss of General, Burgoyne's brave troops,* which has been attended with such fatal consequences, and which fixed the then wavering disposition of France in a decisive part against this country, is what you must answer for to this much injured nation." * " Gen. Burgoyne declared in the House, that a co-operation would have saved his army ; and you yourself say that ' if General Washington's inten tion should be only to retard the approach of General Burgoyne to Albany, he would soon find himself exposed to an attack from New- York and from Gen. B. at the same time ; from both which you flattered yourself he would find it difficult to escape.' Letter of the 16th July, 1777. Thus would not only Gen. B. have been saved, but even the enemy's principal army been in danger from your united attacks." PETER VAN SCHAACK. 185 CHAPTER IX. A subject, and one to his mind of paramount importance, had occupied Mr. Van Schaack's anxious thoughts in prospect of leav ing his native country, and while crossing the ocean ; — the educa tion of his three motherless children, whom he was necessarily obliged to leave in the care of his friends at Kinderhook. The paper which follows expresses his views and wishes on this inter esting subject, and seems to have been " written in New- York and at sea, in October and November, 1778." " Having some time since made such a disposition of my proper ty for the benefit of my three infant children as is agreeable to my equal affection for them, I cannot help, before I leave this coun try, to express my wishes on a subject of much greater concern, and that is their education. It will be no arrogance to say, that by my absence they will sustain an irreparable loss : — a loss the more severe, as they have been deprived so early of one of the tenderest and best of mothers, whose dying injunctions I should not have failed, as far as I could, to have accomplished towards them. I could wish their education to be as liberal as their expectations will in prudence justify ; but I would be understood, that much as I value learning, I would only have it considered in connection with virtue and morality, and as the handmaid to these valuable endow ments. It is my anxious prayer, that this sentiment may be strongly impressed upon their tender minds. " I am not over solicitous about the particular professions which may be assigned to my sons, though I could wish one of them might be brought up to that of the law, provided he has genius, abilities and application for the purpose. Should that take place, among my papers will be found sundry hints which may be useful to him ; and, in my own practice, I hope an example will be found not 24 186 THE LIFE OF unworthy of imitation, both with respect to industry and integrity. To lay a foundation for this, or any other of the learned professions, it will be necessary that my boys have the benefit of a good Latin school, wherein I would have them particularly instructed in the grammar. Too much pains in this article cannot be taken, as the defect of it will render all their acquirements but a useless super structure, void of any solid foundation. They should not leave their grammar until they can read, with ease and advantage, Horace and Tully. The translation of Latin into English and vice versa, and what is called making Latin, I would wish them by frequent prac tice to be well versed in. I could also wish that, in addition to the school and classical authors, they might read Puffendorf de officiis hominis et civis; but then it should be under the direction of a person, who would by proper lectures and explanations make them understand the author. Here, too, translations of particular parts of the book would be of infinite service. " Tully's Offices, also, should by no means be omitted. These books, containing the foundations of the social and moral duties, should be thoroughly understood. Occasionally/particular subjects may be illustrated and enlarged upon, by giving them English books upon the same topics. " I would, above all things, have the principles of the Christian religion inculcated upon their minds ; and this will open a field for the most useful and instructive species of study. The evidence by which revelation is proved, both internal and external, they should be well acquainted with, and authors will be easily got to answer this purpose. " By this time I suppose they will have some knowledge of the rules of logic ; which will teach them the principles of reasoning, and enable them to distinguish between argument and sophism. Duncan and Watts, with a little tract of Mr. Locke entitled the Conduct of the Understanding, must be attentively read. " The grand point to be attended to, is to acquire a habit of attention, and to learn how to think. Their tutor will know the extent of their abilities, before they can judge of it themselves. I would wish them to have a confidence proportioned to their abili ties, neither arrogant nor bashful. My daughter's education I am not less anxious about, and I do flatter myself that she will be under PETER VAN SCHAACK. 187 the eye of some of her female friends, who will pay every attention that my anxious heart can wish ! " Cove of Cork, 28th November, 1778. " It is my firm intention to improve these imperfect hints into something more systematical, when I get to England ; however, such as they are, I wish them to survive me, and therefore will not again take them with me to sea, where I h'ave suffered more than I can express on account of the little objects of my love, to whom I hope this will prove a monument of my anxiety for their welfare, and an incitement to application in their studies and virtue in their conduct. While my heart overflows with tenderness for the dear children, a thousand ideas crowd into my mind, which have their improvement and their happiness in view, but these cannot now be reduced into method. " These, with other papers, shall be left with a friend at Cork, who will preserve them in case any accident should unfortunately happen to me. " May the Almighty effectuate the good intentions which have dictated this and every other plan I have formed for the benefit of my children. "Peter Van Schaack." In the prosecution of this plan, Mr. Van Schaack, on his arrival in England, and as soon as he was left a little at leisure, by famil iarity with the new and engrossing scenes to which he had been introduced, commenced a series of letters, which he addressed to his oldest son. The first seven of these letters were probably not transmitted at their dates,* being evidently intended for future use, and when his children, the oldest of whom was then in his twelfth year, should arrive at a suitable age to comprehend their, contents. The residue were sent. These admirable compositions are given as they evidently first fell from the pen, and with scarcely any emendations by their author. They speak their own praise. * During the same period, however, a number of letters better adapted to the years of his correspondent, were sent to America. 188 THE LIFE OF TO HIS SON. London, 13th Becember, 1779. My dearest Harry : My anxiety for your welfare, and that of your dear little brother and sister, accompanies me through all the changing scenes of life, and while it preys upon me, let me endeavor to make it pro ductive of some good to you. When you will receive this, is very uncertain : if not in my life-time, receive it as the well-meant exer tions of your father, anxious that he may be useful to you, when himself is no more ! The posthumous wishes of your best friend will, I hope, touch your sensibility, not in unavailing sorrow for his loss, but to stimulate you to accomplish his wishes and endeavors. To your brother and sister you must supply my place ; and 0 ! my dear Harry, let me beseech you to consider theirs and your own as one common interest, not to be violated by little, selfish views. Let integrity be your leading character, and study to be amiable. I have thrown upon paper some cursory thoughts respecting your education, which will perhaps admit of improvement in the hands of those who will read them with attention. What I chiefly would recommend to you, is, to learn how to think, and to acquire a habit of attention to the subject you are upon, be it what it will. This suggests an idea of what appears to me to be the chief and fruitful source of the many errors of education. Boys' memories are crowded and strained, while their invention and their judg ment are left uncultivated ; and I would sooner have you gain one idea, growing out of the seeds in your own mind, than possess fifty which are transplanted there from a foreign soil. However, at tention and reflection will make even the labors of others your own, — that is, while you read, you must " mark, learn and in wardly digest." Read little, but think much ; and whatever you do read, whether for amusement or instruction, be able to give an account of it. When you have read any book whatever, ask your self. To what class of authors does this belong ? to which of the arts and sciences, or to what branch of literature is this subject to ¦ be referred 1 what is the drift and design of the author 1 what is the scope of the work ? what are the doctrines he would inculcate1! by what reasonings does he support his positions, and what are peter van schaack. 189 the beauties and excellences of the composition 1 are his argu ments solid, or merely plausible and false 1 in what particulars do the strength and force, or weakness and sophistry of them consist 1 To these questions you will, in process of time, be able to add many of your own, applicable to the particular subject your au thor treats of. Every thing that helps you in the investigation of one case, or enables you to remove some impediment that was in your way in another, you must remark and set down in writing. By an induction of several particulars in this way, you will be enabled to form some general rules for the government of your own mind, which will be of more service to you than all the di rections of others. Another hint you will find very useful : after you have read any treatise, from your memory concisely write down what you conceive to be the essence and principal matters of it. This will fix it in your mind : then write down your own thoughts on the subject, and state your objections, or add any arguments or illus trations which may occur to your own mind. Do not be discou raged at the difficulties which at first will stand in your way ; — every subject will at first appear confused ; — but persevere and de pend upon success. When you first look at a map of a country, you are lost in the variety of objects ; after a little inspection, you discover some one more striking than the rest ; this is perhaps some capital city; you then descend to others of an inferior kind, and at last become ac quainted with the smallest and minutest parts of it. So it is with almost every subject; there is a primary object, and there are others of a subordinate and collateral kind. That, indeed, is to be principally attended to, but these are not to be neglected. If you do not like what you have written, destroy it again and again, and do not damp your endeavors by too great timidity of your talents. Remember that the greatest works have arisen from the smallest beginnings ; but this is not done in a day. Rome, the mistress of the world, was founded by a few shepherds and va grants; — the greatest literary productions have proceeded from those who in youth were deemed blockheads. It will be of infinite use to take some particular subject, and 190 the life of make yourself thoroughly master of it. Consider it maturely; read every thing relative to it, and when you have compassed it, recollect the means that aided you, and the difficulties which im peded your understanding it. Talking it over with a companion, stating*your conceptions of it, and hearing objections, will be of gneat use. Questions of difficulty should be often discussed;— these will teach you how much truth and falsehood are mixed to gether ; — how nearly certain vices and virtues border on each other, and how arduous a task it is to separate them in many cases. As you should aim at truth, not victory, in your arguments, be not ashamed to be confuted; however, that your side of the question may not lose the justice you owe to it, study to acquire a presence of mind, which may give you the full benefit of your understand ing. Compare one instance wherein you was confused and asham ed, with another wherein you was easy and composed, and you will feel what advantage you had from self-possession, or lost for want of it. My dearest Harry ! — the above rules, if well attended to, however unornamented, will give you great advantage. When you have learned the full extent of your own abilities, and have distinguished to what subjects you are competent, and to which you are incompetent, you will then know when to speak, and when to be silent. But when you speak, let it be with mod esty, and deference ; — suaviter in modo, fortiter in re, is a rule of great use if rightly considered. Read Lord Chesterfield's disserta tion on it, in one of his letters to his son. I do not pretend to ascertain at what particular period the above hints may respectively be best improved. The mind opens itself at different ages in different persons ; nor is it always an ar gument against the strength of genius, that it does not unfold itself and expand early. The culture is more frequently faulty than the soil. To understand the strength of the one, and adapt the other to it, requires judgment and care, and I hope you will be under the direction of those, who will be able to apply these rules and sug gest others which will promote your knowledge. But, in all your attainments, remember, my dear son, that the greatest excellence of learning consists in its subservience to virtue; and when otherwise employed, (which Heaven avert from you !) it will only increase your condemnation. It may possibly give you fame, but never can PETER VAN SCHAACK. 191 procure you esteem. Adieu, my dearest Harry, and believe me ever yours. TO HIS SON. London, 14th Becember, 1779. My dearest Harry : You must not think it strange, that you will find me repeat so often my wish that you will use your utmost endeavor to acquire a habit of attention. This cannot be too much inculcated ; in your most trivial pursuits, and in your reading for amusement merely, lay it not aside. Another rule which you will find extreme ly useful, is, never to attempt doing two things at once, or doing one thing and at the same time thinking of another. In order to give you a taste for the excellences of writers, and a fondness for reading, you should early look into some treatise on rhetoric. This will furnish you with general heads, under which you may yourself reduce particular passages in authors, the beauty of which may attract your notice. I would have you get by heart some pieces out of authors of distinguished reputation ; this will strengthen your memory, and the more deeply impress their beau ties on your mind. You will find a collection of these in the Prfficeptor. I hope you will be fond of the Spectator, particularly the papers under the signatures of the letters C. L. I. 0. ; those being the production of that excellent man, Mr. Addison. They will, I am confident, remain the standard of purity in style, as long as the English language exists. I have no objection to your sometimes reading a novel, or a play, which, if well chosen, afford an agree able and rational amusement. You will see the human mind there delineated in the strongest colors, and will observe some characters which you ought to be as anxious to imitate, as you will be to detest and shun others. You will have some idea of the scenes which are exhibited in the great world, and be able to form useful lessons, to guard you against the arts and fraud which are prac tised in it. You will scarce read of any one species of villainy, which is not every day carried on in the city of London alone. Should your destiny ever lead you here, — I almost shudder at the thought, — let me entreat you to come armed against the greatest dangers, the strongest temptations ! But more of this hereafter. 192 the life of Adieu, dearest Harry ! may you be happy, prays your most affectionate friend, TO HIS SON. True wisdom is so inseparably connected with virtue, that while I have been endeavoring to assist you in the improvement of your mind, I hope I have laid a foundation for bettering your heart. Yet you will see instances, my dear son, of persons endued with great talents and of extensive acquired abilities, who have receded from virtue in proportion as they have advanced in science. But their condemnation will be the greater ; and let me conjure you not to be dazzled by the false glare of these ignes fatui. They shine but to mislead and destroy. Would you see how lovely is the union of great talents and great learning with virtue and religion, look to Locke, Newton, and Boyle, among other worthies which this country has produced. Let these, and such as these, be the objects of your love, your admiration and your imitation. As I have inculcated the utility of being well acquainted with the force of your own mind, and the extent of your abilities, so I would have you pursue the maxim — nosce te ipsum — with respect to the disposition of your heart. Find out what are its evil pro pensities, and which of the passions is the ruling one in your own breast. When you have made the discovery, be unwearied in sub duing these, as the most fatal enemies you can have to contend with. Read the best writers, religious and moral, upon the subject; compare the vices you are disposed to follow with their opposite virtues, and persevere in your struggles to cultivate the one and overcome the others. The greatest characters have felt the frailties of human nature, and Socrates himself (the almost divine Socrates) owned, that he was naturally addicted to the most flagitious pas sions; yet he overcame his vicious propensities by the dint of philosophy, independent of those superior aids which Christianity affords ; aids which, when used, facilitate the conquest, but when neglected, increase the guilt. I would have your improvements in virtue accompanied with the cultivation of your talents ; let me therefore close this letter with advising you to think deeply upon the subjects you take in PETER VAN SCHAACK. 193 hand. Revolve them over and over in your own mind. Digest your sentiments thoroughly, reduce them to writing, put them in various points of light, and converse upon them ; than which nothing will more help to make you completely master of them. I would recommend to you to have a common-place book, wherein, under general heads, properly arranged, you may set down such passages as more particularly strike you ; but if you cannot at first please yourself, and find some of your companions rather more forward than you are, do not be discouraged : you may congratulate yourself, if you find in the subsequent year that you can correct what you have done in the preceding ; and you should choose to associate with such as are your superiors, — for in the company of such you will receive instruction. I would advise you early to enter into epistolary correspond ences ; they will improve your thinking, and enable you to express yourself with ease. Pope's Letters, Clarissa Harlowe, Sir Charles' Grandison, are among those which at present occur to me; the two last, also, will be entertaining as novels. When I speak of Pope, I hardly know which of his works most to admire ; they merit an eulogium which my pen is incompetent to. His Essay on Man and his Moral Epistles should be read over and over again. Becies repetita placebit. \ I give you miscellaneous thoughts, rather than a regular system, though I hope to have time to methodize and correct them. As they come from me, you will revolve them in your mind, and depend upon it, at one time or another, you will experience their usefulness to the great objects I have in view — your advancement in learning and improvement in virtue. I have given you outlines on which I shall separately descant at large hereafter. Adieu, my dear boy, and accept what I write as the overflowings of a heart devoted to you and your dear little brother and sister, who will receive these my endeavors, I hope, largely improved through your hands. TO HIS SON. London, 22d Becember, 1779. My dearest Harry : I long exceedingly to hear of your having entered upon your 25 19 1 THELIFEOF Latin, under the care of a good tutor, and a man of agreeable manners, who will adapt his treatment of you to the disposition nature has given you. Many a good genius is damped by undue severity, and a pleasing modesty by the ill-judged behavior of an austere master, degenerates into an awkward bashfulness. On this subject, my dear boy, I could mention some particulars respecting myself. My tutor, by a warmth of temper and an unreasonable impatience when I hesitated, which frequently hap pened from the influence of a native diffidence, would throw me into confusion, so that I really lost the use of my recollection and my presence of mind, and instead of giving me time to recover myself, he would insist on my answering questions sometimes of an intricate nature. I became possessed of an idea that my talents were defective, and that I was not designed by nature to pursue the paths of science : I therefore urged your honored grandfather, who entertained all the partiality of parental fondness for me, to permit me to leave my books, and to indulge me in my wishes of going into the army. To this he was utterly averse ; and from respect to him, as well as from a discovery I made, that though my tutor behaved to me as if I was a blockhead, yet in my absence he expressed himself favorably of me, I persevered, and soon found myself advanced in my learning far beyond my own most flattering expectations. While I wish by this example, my dear Harry, to save you from an improper distrust of your own abilities, it would defeat my well-meant purpose, if it made you over-ready to lay blame on those who have the care of your education. Arrogance is a rock you should as carefully avoid, as the opposite extreme of bashful ness. Indeed, if the choice must lie between these extremes, (but I hope for better things from you,) I should least dislike the last. Meanwhile, let me indulge the fond wish that you will know how to profit by this little incident in the early part of my life. It will, I am sure, receive the more attention from you, as it relates imme diately to your father, who is ready to draw off the veil even from his own failings, if thereby he can promote your welfare. Indeed, my dear, the advancement in life of you and of your brother and sister, (and by this advancement I mean not the accu mulation of wealth, but the improvement of your minds and of peter van schaack. 195 your hearts in virtue and knowledge,) is now the great, almost the only view I have in the world. A series of untoward events have dissipated all my prospects in life ! It shall now be my effort to make you, what once too sanguinely my friends hoped I would have been myself. You, I hope, will live to see better days ; and I beseech you not to indulge any resentment for what I have suffer ed in the unhappy civil wars which have distracted our country. In such scenes, distress is a common lot. But I wish you to be well acquainted with the origin and the history of this great con test, which will make an era not only in the annals of our own country, but of Europe, and perhaps, in its consequences, of every quarter of the globe. Study it therefore attentively ; not with the heat of a bigot, but dispassionately, like a philosopher. Suffer not yourself to be warped even by my conduct or sentiments rela tive to it. Hear all, — judge for yourself. Some such observations as these will probably at times occur to you : how strange is it, that men of equal degrees of understand ing, of equally enlarged and liberal minds, who have been educated in the same schools, and in the same general principles of govern ment, whose characters were equally fair and unblemished, and who had actually the same identical interest and the same object, the wel fare of their country, — that men so situated, and moreover intimately connected by the strongest bonds of friendship, should have taken opposite sides in this great cause! I mention not names; but you will find that these observations are not fanciful, but have arisen from facts, and have been instanced in characters which will be made known to you. These considerations, I hope, will teach you moderation, candor, liberality and charity in the judgment you pass upon the conduct of others. Remember, my dear, both in religion and politics, that you have only your own opinion that you are right ; this indeed is the strongest guide for your own conduct, but not for others. But, I desist : I meant not in this place to have touched a subject, though very near my heart, which I have elsewhere been more explicit upon. However, I confine not myself to any particular method; I give you my thoughts as they arise, and leave to you to arrange them more methodically, both for your own use, and those of the little ones, to whom jou will, I hope, supply the place of their parents. Only 196 the life of be assured, (and I have pleasure in the repetition,) that all my labors have for their object, the dear pledges left me by one, who is now, I doubt not, among the saints in Heaven ! and that in every wish I express for your welfare, I transcribe the charac ters most strongly written on my heart, and particularly when I pray that the Almighty will take you under his protection and make you a good man !Yours affectionately, TO HIS SON. London, 11th January, 1780. I have in my former letters told you, that I should wish you to read some well selected novels, and in my recommendation to you of the utility of an early epistolary correspondence, I have mentioned two productions of the benevolent Richardson— Clarissa Harlowe and Sir Charles Grandison. But the excellence of these works is not confined to the entertainment afforded by a pleasing narrative, or to the easy flow of language and familiarity of ex pression, so ornamental to epistolary writings : you must Consider them as calculated to promote the interests of religion, virtue and true honor ; not indeed in the systematic way of the mere moralist) but in a manner more attractive to a young mind, by exemplifying and bringing them into action, in various incidents of life. It is a trite objection to those two works, (but leading, that I know of, to no one good purpose,) that they hold up characters too perfect for hu man nature, and useless, as they are above the reach of imitation. As well might we condemn every system, even the most perfe^ because men do not act up to the standard of it. But does it in culcate virtue ? does it dissuade or deter from vice 1 are the material questions, which every man must answer in the affirmative. I will not discuss the subject, whether human nature is oris not capable of the attainments mentioned in those works, or of the virtues there delineated. It must be a mere abstract question : it does not fall to the common lot to have the same opportunities, the same occasions, the same trials ; but if it did, and the bulk of men and women should, as they undoubtedly would, fall short of those models, who can tell but there would be some who would PETER VAN SCHAACK. 197 come up fo them 1 Many a virtuous character, my dear Harry, languishes in obscurity, which, if called forth into action, would rise to very high attainments, which, for want of the opportunity, are supposed not to exist. Vicious ones indeed there are, too, which for want of like opportunity, betray not their malignity, though, unfortunately, (such is the state of the world,) imagina tion can hardly draw a portrait so odious, of which, the original may not, in every man's experience, be produced. ,Here, there fore, the satirist has the advantage over the panegyrist. < But, though all the incidents, various as they are represented, can be supposed to happen to very few, if to any one, yet some, if not many of them, may occur very frequently in life ; and not knowing which may fall to the lot of particular persons, who are yet liable to all of them, surely it is highly useful to know, how a really good man ought to act under those circumstances, and how a bad one probably would. The parent who puts into his child's hand Seneca's Morals, will hardly expect him to exemplify every precept there inculcated ; but he will not for that reason condemn the moralist, or think his labors unuseful. Even from particular incidents which may never happen to us, general rules may be educed to guide us through those scenes that we may he called forth to act in. Even those parts of this work which are sup posed to be too prolix as to trivial matters, will be useful to young minds, and will teach them a delicacy of sentiment, as well as an ease and fluency of expression in the common occurrences of life. Upon the whole, I have read those books with infinite satisfac tion, and warmly recommend them to your perusal, and to your attention ; nor have I heard one objection to them of any weight, except (which was from a young lady) that in the character of Lovelace, the vicious man was drawn in colors too agreeable. But remember that a vicious man, with all the advantages of shi ning talents and brilliant improvements — with all the exterior or naments of person, rank, address and fortune — is still a monster, and, thus accomplished, is for those very reasons the more to be abhorred ! How would a Sir Charles Grandison, how would a Clarissa have acted in this case 1 — will be a question every man and woman should put to themselves, in every difficult scene of life. 198 THE LIFE OF By the answer, (and let it be a candid one,) should, they regulate their conduct. May this be the case of those I love ! Since writing the above, I have read a poem called an Elegy, written in a country church-yard, by Mr. Gray ; where the idea aimed at in one of the above paragraphs is beautifully touched. Read it through— but what I allude to begins : " Perhaps in this neglected spot is laid, Some heart once pregnant with celestial fire, Hands that the rod of empire might have sway'd, Or wak'd to ecstacy the living lyre. " But knowledge to their eyes her ample page, Rich with the spoils of time, did ne'er unroll ; Chill penury repressed their noble rage, And froze the genial current of the soul." Were I to hint at the instances in which those excellent novels may be useful, I should mention, among others, the following : 1. The sentiments of religion and morality, of true honor and integrity, of modesty, decorum and delicacy, which are mculcated in them. 2. The application of them to occasions, of which many may, and some of them must happen to us. 3. The model exhibited in them of easy, cheerful and innocent epistolary correspondences, equally calculated to improve the mind and meliorate the heart. The story so interesting, the incidents so humorous, the characters so various. 4. The narrative, so good a guide to help us in relating com mon, as well as unusual occurrences. 5. The dialogue, so improving, if well attended to, in enabling us to uphold familiar and friendly, or serious and disputable con versations, and to carry on with becoming spirit debates and argu ments, upon subjects of right and wrong, and upon points of honor. 6. The agreeable and pertinent allusions. 7. The advantages, the happiness of family harmony! and the miseries of disunion ; selfishness and want of affection amongst those of the same household ! ! PETER VAN SCHAACK. 199 8. The excellence and purity of the style. 9. The insidious arts practised by the abandoned and vicious of both sexes, and the snares and dangers to which youth and inex perience are exposed, with the miseries that follow a departure, or deviation from the paths of virtue and honor ; and in this respect, 10. The knowledge of the world to be gathered from these books ; a knowledge acquired without the experience for which numbers of poor wretches pay so dear ! TO HIS SON. London, 20th January, 1780. In the hints I have given for your education, and for the im provement of your mind, I have occasionally remarked that learn ing, with a view to its principal end, ought to be considered as the handmaid to virtue. In other respects it may be ornamental, but cannot be said to be useful. While I endeavor to cultivate and enlarge your understanding, I mean thereby to enable you the more distinctly to see your duty, and the more ardently to pursue it. Of all the objects of this duty, you must be sensible that the first and" greatest is your Creator — "in whom you live, and move, and have your being." The different branches of which this great duty consists, and the occasions and manner in which it is to be per formed, are comprehended under the name of religion. Young as you are, I do flatter myself that the principles you have imbibed, my dearest Harry, under the instruction of your ex cellent mother, (who should ever be before you as an example !) are not, nor ever will be eradicated. These impressions will dis pose you to practise ; but as your mind expands, I wish you to take a comprehensive view of this great and most important subject. To descend to particulars now, would carry me far beyond* the limits I have prescribed to myself in these letters. Let me only call your attention to the following points : 1. You should fully investigate and establish in your belief, as the first article of it, that there is a God ; for this you need but open your eyes and ears, for all nature proclaims it aloud through all her works. 2. You should consider his attributes — his power, wisdom, jus tice and .mercy. 200 THE LIFE OF 3. That as he is the Creator, so is he the Preserver and Gov ernor of the world ; and this will carry you into the doctrine of providenc e. 4. That his preserving and governing power is directed by cer tain laws and regulations, some relating to the inanimate part of the creation, others to brutes, and others to man. 5. That man being a creature endued with reason, is bound to investigate the laws of his Maker relating to him, and to conform his actions to them ; that he is therefore accountable for his con duct, and that he will be punished, or rewarded, according to the measure of his obedience or transgression of those laws. 6. But as no creature can be punished for his disobedience of a law with which he is unacquainted, God has made his will, with respect to mankind, known. 7. That this will is twofold, (as to the manner of communicat ing it,) viz. 1, natural ; 2, revealed. The first is called natural re ligion, because we are capable of attaining the knowledge of it by the light of nature, or by the exercise of reason merely ; the second is called revealed religion, because it is made known to us by an immediate revelation from God, and because, though it co incides with the former as far as that extends, yet it contains some articles out of the reach of mere unassisted reason. 8. Mankind are generally agreed in the principles of the former, but the latter has been the subject of much controversy, from the cavils of unbelievers, who have boldly denied the Divine authority of the Scriptures, notwithstanding the convincing evidence by which it is supported. 9. This evidence is divided into 1, internal ; 2, external. Un der the first head is proved the excellency of the Scriptures consid ered in themselves ; the conformity of its rules and precepts to the principles of natural religion and morality, and to the various rela tions we stand in to God, to ourselves and to our neighbors, and the comfortable hopes which it affords us under all the calamities of this world, and of a happy immortality in consequence of a well-spent life ; in this respect it is justly contended, that the Scrip tures have infinitely the advantage over all other systems, which, while they leave us exposed to the miseries of life, give us no ra tional plan of futurity, wherein to ground hope or consolation"". PETER VAN SCHAAtJK. 201 Under the second head are adduced the solid proofs- arising, from prophecy and" miracle's; with which the Scriptures are supported. These topics will bring you to an acquaintance with the most celebrated- writers of this country, or of the world,.. among whom Jet me mention a Locke,- Boyle and Sherlock. - -• .. After you have thoroughly settled your, principles upon these subjects,^ and others- connected, with th;em, you will read with greater pleasure the sacred writings ; and I would more especially recommetid to your frequent study, the four Gospels and the Acts of the Apostles ; indeed, I hope you will be well conversant in tiiem, before you are capable of understanding what I have now written for your. use. - -I cannot help repeating what I" have once before observed, that the theological writers, if well chosen, and more> especially those upon the evidences of religion, will be of infinite use to you in almost every station of life, as in them you will have the most pen- feet exemplars of good reasoning and of sound logic. • TO HIS SON.-"- London, 21st February, 1781. My dearest Harry : • There has.been a long interruption, in-that series of letters which I began and made some progress in last year, and which I mean to continue for.your benefit, and that of yourdear brother and sister. I am happy to resume my plan,, by the pleasing accounts I have lately .received concerning youv Your uncks inform me, that you are not only making a rapid, progress in .your learning, but, at-a public exhibition, have displayed indications of a free and unem barrassed elocution- Go on, my dearest boy, in this glorious course, and you will n.ot only be a public ornament -to your, country, but a blessing to, your surviving parent, -as well as what your ever to be la mented motheiTwished you to be:- JVly anxiety to see you everyday in creases ; I want to Watch your genius, and assist in enlarging and expanding it Lam anxious- "about the disposition of your heart. I wish to cultivate your virtues, and to destroy the seeds of any evil humors you- may find" mixing themselves' -with those virtues. Meanwhile, at whatever season of your life this may reach you, let 26 202 • .THE LIFE OF it be your_endeavor to know yourself.- Examine your heart with the-most unwearied. attention,-afid you will certainly find- out means of promoting and adorning your good qualities, as well as of over coming the faulty ones. I know you have a. tender and an affec tionate- heart. You have already had your troubles, and in those moving scenes which I -hope you will never forget, you behaved in a most becoming manner!. Let nobody persuade you to be ashamed, of this sensibility, as of a weakness. If it is a weakness, it is an amiable one, without which man would be a worse animal than the most ferocious beasts of the wilderness. With this knowledge of your heart, I am not discouraged with the "recollection of a little peevishness of disposition which I dis covered in you : I do not however impute this so much to your nat» ural temper, as to the ill state of health you- Was subject to in your childhood. But^nry dear boy, -oppbse it wifltaU -your reason, aSrthe most- dangerous enemy to. your happiness, and to 'the quiet and repose of your breast, as well as to your health and constitution. Remember, ira brevis furor est — it is high treason against : the sove reign authority "of reason, which is placed in the human breast by God himself, as the Governor and Ruler of our actions. It is an enemy, which-, if -not subdued, will daily gain strength, and at length usurp those powers io which it owes the most submissive obedience. •-•--./ - ' ; You will riot, I hopej think me disposed to find fault, when I caution you against a propensity 'which I think I have discovered in some of your actionSjio an over- fondness of money .~ This sub ject mixes itself so inuchan every situation of life, that it behooves you to obtain proper- sentiments relative to it. A thousand fine things have been, said against the vice of avarice, and as many against that-of profusion. For.-these I refer you to the moralist*. My view is only to. point it .out as a subject fpr yo.uf reading and meditation. - . It is impossiblefor .me to say any thing newonsq beaten a topic. Both these vices are destructive of character, of health, or of happiness. The-proper medium is economy, which will preserve you from want, afford you the conveniences of life, and enable you occasionally to- exercise -the Christian and divine' virtue of charity to your distressed -fellow-creatures. In this: sense, economy is the very source of generosity. PETER VAN SCHAACK. 203 You will, in . all probability, have enough to procure you a good-education as well as a .^profession, which would, be sufficient with a proper industry and a good moral character* .But, I trust you will have something more. As soon as you come to the possession of this, and have the direction of your own actions, you must form a plan of life, and -regulate your expenses. Form an estimate in writing of the different articles of expense; and allot a certain sum for each,, which will -show" you what. sphere, in. life your income will allow you to move in.. This has been my method weekly, and, though in London, -""where a thousand amusements every day spread their -temptations, and where' ray finances were so small as not to ^be-worth naming, I have always lived, within bounds. By. -a little experience,- I could ascertain the necessary expense of eating, "drinking, lodging,- Washing, and dress; and if I sometimes, intrenched upon one article, I made it-my Business to replace the excess bv borrowing from another-. Digest this little plan and improve.and enlarge upon it, and you will. live free from the imputation of meanness as Well as of prodigality. I trust, you will, not have occasion to be quite so. exact as -I am compelled to be ; — a necessity which excludes, me from many very useful pursuits, -and .which will therefore, in its cemsequenee, deprive you as well as myself of the advantages I might derive from a more enlarged sphere, of life.. Let me add,' that when you- have ascertained, what you, can 'ajid will spend per annum, part with your money freely, "and without regret afterwards ; and what you give to the poor, let it be done with a cheerful heart, and e: not grudgingly." The just medium in your- expenses, and the propriety of your conduct in thisr article, as- in all others, will depend much on your choice of friends and companion's. This will deserve a- little essay by- its.elf, arid is. a most important, a. most interesting subject, on which I most ardently pray' to God that you may be enabled to form just and proper notions .' Here I wish you may inherit 'some of the sagacity of your grandfathers. .They Were two of the best observers of men's .characters, and saw deeper into, them, than -an^ two persons I have ever known. • Attention and observation will be of infinite use to you upon' this subject as well as every .other ; and I do flatter myself, that you wiU enter upon the stage of- life 204 -THE X IFE- OF with a competent knowledge of the principles of moral philosophy, ethics, and the 'relative. duties of man to man, in- the different sta tions of Jife, publicand private, wherein they areplaced. . -: In. short/I wouldhave you very early fix a character, in which Lhope virtue, integrity, honor,- consistency, and a pleasing frank ness of deportment, will have their share. In every -action, of your life, consider how far the part you are going to .-act, is consistent with this character. In your, profession, .whatsoever it may be, (for" I will -consult only the bent of your genius in, the. choice,) con sider-well'-- the peculiar characteristics of an amiable .and honest man in that profession, and-.whether ft be a merchant, a lawyer, a physi(Jian,.or a divine, aim at the more solid though less-glaring character,, of a good rather, than a great, one; though. T hope you will be both the one and the other ._¦'. , '-- PETER VAN SCHAACK. 205 ; OH APT E R X. '. - .TO HIS SON. - London-, 2d October, 1781. Mv uearest Harry : "It is now several months since the^date of your last letter, but I will-not' complain ofyoursilehee as a neglect, because I know you love me; nor will I suppose it proceeds from idleness, because I know . you have too much sense to be idle. I impute it, therefore, to your •elose attention to youf studies, by which you must be convinced that you will make me more happy than by any thing else. How ever, do not eonfine yourself altogether to"- your Roman- acquaint ances', -respectable as they are f but be assured, that neither. Virgil hor Tul-ly wiU' find fault "with you foE- bestowing a few hours in .writing *9 your father. -,-•,, .. . I expect to heacr>a great deal of your improvements, and I am sure I need not tell -you that every succeeding letter must be mOre correct than the, preceding — mon progrediestYegr^dij^m learning, as well as in moralsafid in--manners. Let me find, therefore, that you are not only wiser every day, buf, if possible, a better -boy than -when I left you :- -by this you will make me -happy indeed ! " Tell me in what- manner you spend yetir time, what books youhave read in English, as well- as in 'Latin, &c, &c. ; and inform- me also how and where'your dear little brother and sister are. -I hope you see them ofte'ni and take great care of them, and remember . that ybu are not only bound to teach -and instruct-them, which, as I am informed that you are an orator ybu will be able to-do with great energy; but also tO;set them an example worthy of imitation. -Kiss them a hundred times- for me: Present- my .affectionate regards to your grandmamma, and uneles-, and aunts, as well as to all other friends, and most particu- 206 THE LIFE 0T larly to those who are most- kind -and attentive to. you. My. com- - pliraents also to your tutor. - - - -¦¦ * I am, mydearest Harry, , Your very affectionate^fafber and" friend, Peter Van-Schaack. TO HIS SON. . London, 1st July, 1782^, - - , Myjdear Harry : , ^ I sit down with inexpressible pleasure- to acknowledge the re ceipt of two of your letters, dated in December and February Jast. Thes.eproofs.of your attention induce me to suppress a letter, in which I had taxed you. with neglect, or rather remissness, in your episto lary duty ; but to convince you that no harshness accompanied my charge, I must, tell you, that 1 imputed your silence-solely tayour close application to -your studies ; but then let- me remind you, that oneduty ought potto be performed at- the expense of smother, and that a judicious distribution of your time, will enable you to discharge both. You must not be discouraged from writing- by diffideifc,feof. your accomplishment in.this "desirable-part:of education,"; (.as. you ' justly express it.)' You -are yet young, and^must riot despair ruf at* taining-any meritorious,-object you have in view. Remember " labm improbus onvnia vincit ;" so says your Virgil,. whom,-as I hope he is a favorite author of yours, I will make-no apology for quoting ; and,as you- are a scholar, I shall escape the imputation of pedantry, which I should incur by using an unknown language. This dis tinction y.our: own observation- has suggested to- you lone- ago, I dare say. - - ' -. ..:;"' Your ietfers are not quite. so ..correct "as I could -wish; but as I find each succeeding one better than the preceding, I have the most sanguine hqpes of your. future attainments. By the by, I hope you are Hot a/r.aid«f the trouble of frequently -.turning to yourdk> tionary, both- with respect to your orthography and-the-true '.sense and meaning of the words you use yourself, or which you-toeet with in- your .reading. I shall sometimes, usea hard word on pujpose. to give you this beneficial employment ; and perhaps occasionally I shall apply it with a degree of impropriety, jn order'togiveygu an- opportunity of setting me right, for you must .take nothing upon the mere ipse dixit of any one, not even^of your father.. . PETER VAN SCHAACK. 207 .,1 thank you for the account you gave me of your theatrical exhibition. So far as this may. be conducive to an easy and grace ful elocution, it may be useful ; but methinks I would not wish you "to be over fond of it. The play you mehtionf(with the judicious distinction you make) is an excellent one, and is full of noble sen timents, with which I hope you will be properly impressed. I;wish you had spoken the prologue; but I doubt not that you .are so much pleased with it that you have got it by heart. My Juba has, however, forgotten to tell me who was his Marcia. The next time you must give me the whole dramatis personce. Upon the subject of your going to college,. I know not what to say, wishing to submit. that matter altogether to your kind friends upon the spot. I am perfectly satisfied with the seminary you mention, but I think you are quite young enough yet. I am not so anxious that you should be employed in a great many things, as that you should thoroughly understand a.few. I remember; I had advanced as far" as Justin, under one tutor,, and when put. to another, I could not . explain the difference between a noun sub- ' stantiye and a noun adjective. . The consequence was, I was obliged to begin my rudiments again ; but by being closely con fined to my grammar, parsing and making of Latin, a proper foundation was soon laid, to which I am altogether indebted for what little improvements I afterwards made. A habit of. attention, a capacity of thinking and of comparing your own ideas together, and a fondness of application, are the grand objects of my wish with respect to you. I have employed part, of my time for your -benefit, and you, will receive the fruit of it as the best legacy I can leave you, should you never see me — but T trust God in. his mercy. will, not doom us" both to so hard a dispensation !. As- soon as I am out of my present suspense with respect to my complaint, I. shall at least make the attempt to see you. It is in our own Gountry I wish to see you, but if, unfor tunately, that can not be, (which Heaven avert,) it must be else where. - ¦ - _ , : . If you should go to college,- I dare say you will have a great deal of good advice from your friends, and you will doubtless be told that you -should be very intimate with only a few, but at the same time polite and affable to alLyour brother students, to whom 208 , THE LIFE OF youy behavior :shquld.be free from all sort of pride or haughtiness. Good nature is one, of the most'-- pleasing and engaging qualities. Cultivate if; my dear son, and-every.body will love you. You will soon distinguish some characters among the youmgigentlemenwho*1 are more amiable than others, and,-such, I hope, you. will be fond of imitating; I hope I shall notihear of your getting. into any quarrels, but 'if you should be so unfortunate,,you ought -to- behave in such a manner as to obtain the approbation of the impartial,'/ With respect to your expenses, you will be prudent, but- avoid the remotest appearance of meanness or stinginess — that is con temptible. You shall never want any reasonable allowance, and- I am sure you will not wish more.' Askjwhat is necessary, and spend it freely. I have just now a letter from your cousin Harry Walton, who ">¦ is safely arrived in theDowns,. and. will be with me in' a fewdayss. He will be at one of the- best schools, but I trust that- when ydu and he meet, ybu w-ill be able to show that an American education is equal to an English one. I shall tell him that I have suggested Ai this to you, and as you start pretty equal, so I hope you will make ; equal exertions " optatam cursu contingere metam," (as.your friend Horace has it.) A friendly emulation in so glorious a career will do you both great honor, and I doubt not but that whoever -of you is foremost, the other will generously acknowledge the superiority without a spark of envy, that basest and most diabolical -of all the passions. Look at the picture of it in your Praeceptor and the description in Ovid, and you will be convinced of this. When you meet, I hope I shall findyoq both' cantare pares et fespondere parati, and that I shall have the same difficulty (from the cleverness of both of you) which Virgil had ahout adjudging the palm" to either of the candidates. '¦ --" ' Make my best compliments to Mr. NicoHj of whom I have had a most favorable account -frona.his former pupil Master Harry Cuyler; who is here and much beloved at" school.- It is extremely pleasing when the tutor and pupil speak well of each otherrafil does honor to both.' I hope it will always be your case. ' ' Remember me with dutyto your grandmamma, arid with affec- fection to all my friends and all your friends, and believe me,- Most tenderly and affectionately yours, «. P. V. Schaack. peter'van schaack. 209 TO HIS SON. i% London, 12th January, 1783. My dear Harry : . » I wrote to you on or |lbout the 1st November last, since which I have received your favor of the 28th September, which was the more acceptable as you promised me a longer letter soon. I fear, however, that I shall be disappointed in the hopes I indulged from this promise, as I find your uncle expects me at New-York. On this subject I have'written to him, and pointed out the necessity I am under of remaining here, till the faculty decide my fate with respectto undergoing an operation or not. When that is determined I shall take my resolution about my long-wished-for return ; mean while I beg you will not desist from writing often ; for should I never receive your letters, they will however answer the valuable purpose of improvement to yourself, for what Virgil says of fame is strictly applicable to the mind in all its exercises — vires acquirit eundo. Be assured that much of my thoughts is employed about you ; to make you happy in yourself, agreeable to, and beloved by your friends, a*nd a useful member of society, are the important objects. I have in view. On your part I desire little more than that when I meet you, I may find you free from any bad habits. If you are but in the right track, and steer by a good compass, I shall be pleased though you go on but slowly, and shall expect you to reach your desired port more expeditiously as well as more certainly, than if you were to sail at random never so swiftly. Your grammar must be your Palinurus amidst the difficulties of your voyage, till you have the Italian shore in full view ; nor should you therineglect the faithful pilot, but treat him like an old trusty servant, whose future services you no longer want, but whose past good offices you retain the benefit and a remembrance of. I thank you very much for your pretty quotation, and the ten der filial wish which it contains : it is in your own power, my dear boy, to accomplish that wish, and to ' be what you desire.' On my part, I shall earnestly endeavor to merit from you the honorable testimony which Horace pays to his father ; insuevit pater optimus hoc me, &c. — apropos, of Horace, let me recommend to you an 27 210 THE LIFE OF attentive perusal of five or six lines in the fourth Satyre of the first book, beginning at the hundred and thirty-third line, or rather also a sentence before that. I am sure you will be pleased with the precept as well as inclined to follow the example. I am not desirous that you should read a great deal, but I expect you will understand what you do read, and I could wish that you would select a few favorite passages out of every author you read to convince me of your attention as well as of your taste. Collect these in a little book to be shown to me on my arrival, and be assured, I will reward you amply for your pains. Your cousin Harry Walton intends to write to you, as I wish you would to him, without regard to ceremony. He is a good boy, of a most sweet temper, and makes a good progress in his learning. He is excel lently well grounded in his grammar — mind that . How does Buck come on in his learning 1 He is now, tell him, almost seven years old, and if he cannot spell apple-pie, he should not be allowed to eat it. Kiss him and your dear little sister for me, and tell them both I will bring them a great many pretty things, provided they are good children. You must also remem ber me to all my friends and all yours, particularly to your aged grandmamma, to whom I hope you behave dutifully. Adieu ! my dearest boy, and be assured " num lectulus, aut me Portions ex- cepit," I never fail to think of you, being always, Your most affectionate father and sincere friend, Peter Van Schaack. TO HIS SON. London, 25th March, 1783. My dear Harry : I have, not had a line from you for several months past, which gives me great concern ; however, I firmly expect that the next vessel from New-York will bring me the long letter you promised me some time ago. The inclosed is from your cousin Walton, which I dare say will afford you pleasure, and soon produce an answer from you. I say soon, for you must never delay, or put off, doing your duty. You should give your kinsman some account of your academy, such as the number of students, the division of your classes, the books you read, your hours of study, your recrea- PETER VAN SCHAACK. 211 tions, &c, and you may tell him who is the best scholar in each class ; but this should be in confidence, lest it should be thought presumptuous in you to give an opinion upon so important a point. You must be very careful how you pass judgment upon the merits and qualifications of others. Take care of the beam in your own eye, but do not expose the moat in that of others. I suppose by this time you have had some few lessons in geog raphy and chronology, which will very much assist you in reading history. When I have the happiness of seeing you, and of giving you an account of my travels, I will enable you to trace them upon the map. I had a present the other day of a very fine atlas, which shall be for your use. Pray do you ever write themes, and upon what subjects have you employed your thoughts and pen 1 What could you say upon that admirable sentiment in Terrence — Homo sum, humani nil a me alienum puto ? I left behind me a little book called " Cicero's Thoughts," which I recommend very much to your perusal, if it is but a page, or even a paragraph at a time. When you meet with any rare passage in any of the books you read, pray transcribe it, and keep it to show me when we meet. Believe me I will reward all your labors in this way, most bountifully. If you will but take as much pains to improve yourself, as I will to instruct you, you will make me happy. 1 hope I may be able to say of my instruction to you, what Shakspeare says of the quality of mercy, " It is twice bless'd — it is bless'd in him that gives and in him that receives." How does Buck come on in his reading 1 Tell him I will not return to Kinderhook, till he invites me by a letter of his own writ ing ; so if he wishes to see me he must learn to write. I hope he and your dear little sister are well, and that all of you are happy and contented. Kiss them for me. My duty to your grandmamma and love to all your friends, for be assured that all such are mine. I am, my dearest, beloved boy, Your most affectionate father and friend, Peter Van Schaack. TO HIS SON. London, 11th May, 1783. My dear Harry : When you receive this letter, or very soon after, you will have 212 THE LIFE OF the pleasure of seeing your namesake and uncle, Cruger. It is no small mortification to me that I cannot accompany him, but my anxiety to see you and your dear brother and sister must still he suppressed for one year longer — a tedious time it will be ! With your uncle goes Mr. Mullet, a gentleman who has been very civil to me, in return for which I hope you will treat him with respect-. and attention. Buck and Betsey must love him for my sake. I must beg that you will be a Cicerone to these gentlemen, that is to say, you must show them all the curiosities about Kinderhook, and be their guide. Point out to them the beauties of the Blue Mountains, though at a distance, and go with them to the falls upon the great Kinderhook Creek above and below you— Qm nemora, aut qui saltus habuere Naides Puellas — you will show them. Those majestic hills you may compare to Mount Parnassus, or Atlas, and these pure streams to those of Helicon. Parva licet componere magnis. I have desired my friend Mr. Mullet to give me a very particu lar account of you, and I hope it will be a most pleasing one: however, do not be afraid that he will be too severe or critical, as he will make every allowance for your youth, &c. If he finds you a good-natured, well-disposed, cheerful little fellow, I shall excuse almost every thing else. Good breeding, I need not men tion, because I cannot suppose it possible you should be wanting in that ; but by this I do not mean that you should bow and scrape like a dancing master. Your uncle Cruger will give you a great deal of good advice with regard both to your manners, and the carriage of your body. Apropos : How tall are you 1 And tell me the height of the little ones also, between whom I suppose you are, Quantum' lentus solet inter Viburna Cupressus. Your cousin has lately written to you. He is in better health than he was before he came to England, and continues a good boy. He has sent you a book of his drawings, in which he improves very much. You must not be jealous of him because he possesses this accomplishment and you do not. There are many roads be sides, that lead to fame, and I shall be full as well pleased if you take that in which Virgil and the other Roman poets will be your guide. I mean that you should be a good classical scholar— nm omnia possumus omnes. I wish much to. know what sort of PETER VAN SCHAACK. 213 reading and study you are most inclined to. Tell me how you come on with your rhetoric, in which I wish you to be well versed, though I would not have you like Hudibras, who, you know, " Could not ope His mouth but out there flew a trope." It is a very long time since I was favored with any of your letters, which is no small mortification to me. I ought to hear from you at least once a month. Surely, my dear boy, you cannot think much of the trouble of writing to your father and your friend. I would go to the world's end to make you happy. But perhaps your letters have miscarried, at least I am willing to think this has been the case. You cannot write too often. If you find it diffi cult to express your thoughts, do not be discouraged. Practice will overcome it all, iterum iterumque tentandum est. Remember me to your grandmamma in the most dutiful and affectionate manner, and also to all our relations and connections as if particularly mentioned by name. Kiss Buck and Betsey for me. I hope you are a kind and tender brother to them ; in my absence you must be their guardian and protector, and they, I hope, will love and obey you. FUi mi dilectissime, vale ! Your affectionate father and constant friend, Peter Van Schaack. TO HIS SON. London, 25th June, 1783. My dearest Harry : I thank you for your letter of the 1st April, and hope soon to receive one from you, dated at New- York. For the future our let ters will come to each other sealed. When you write to me, let no one see your letters, nor dictate to you— write in your own way, and with as much freedom as you would to a brother, or a friend. I will make every allowance for errors and incorrectnesses that you can wish, but not for idleness or inattention — these are inexcu sable. Tell me freely who has been most kind and attentive to you, and your dear little brother and sister. All such shall be doubly and trebly my friends. Which of the boys are your friends and favorites, and for the sake of what qualities have you given 214: THE LIFE OF such the preference 1 Virtue, good sense, and good nature, are the basis upon which you must build your friendships. Cultivate these qualities in yourself, and you will be esteemed and beloved,- Treat every body kindly and with good manners, and take care to make no enemies by any ill-natured or severe expressions. If you have wit, let it never go forth but when it is directed by good na ture. If you have made any enemies by your own improper con duct, candidly confess your fault, ask their pardon and promise reformation. This seeming humiliation, will be a real exaltation of your character. It is an excellent maxim, Ignoscito scepe alteei, nunquam tibi. Of Cato it was said, Nihil oblivisci solerat nisi injurias. Keep a watch upon yourself, but be liberal and indulgent to others in every thing but their vices. As to books, I hope you will get a supply at New-York ; get also a plenty of stationery, and do not spare your pen, ink and paper, especially when you write to me. Do not be discouraged if you cannot please, yourself at first, but scratch and alter, and tear your paper a hundred times, till you please yourself. Nothing will imprint your ideas more strongly, or assist your memory bet ter, than committing your thoughts or those of others to writing. Mind your grammar and avoid false concord, and false govern ment. There were some of these in your last letter, but upon the whole it is a very good one. Mind your capital letters where you place them. A little use and attention will make all this very easy to you. I hope you will tell me all you see at New-York worth mentioning. When I have the pleasure of seeing you, you shall have a journal of my travels, which I intend soon to extend to France and Holland. Next spring I hope to have the happiness of embracing you and the little ones ! Tell me something about Buck and Betsey. God bless you, my dear boy ! is the prayer of ^ Your affectionate father and friend, Peter Van Schaack. P. S. I wish you would make a list, or catalogue of all my books. Your cousin Harry is now in the same room with me, and reading Virgil in order to recite and parse a lesson to me. He is at the 161st line of the 3d Ma. What book of this sweet poem are you now in ? I hope you are fond" of it, and do not fall asleep, or feel tired while you are reading such excellent authors. PETER VAN SCHAACK. 215 TO HIS SON. London, 11th August, 1783. My dear Harry : It is now some time since I received your letter dated at New- York, and I return you many thanks for it, while I am to ask your pardon for so long delaying my answer. Be assured tha,t it has not proceeded from inattention — that never can happen, for I hard ly ever cease to think of you, and with the most tender and anx ious concern for your welfare. My heart trembles whenever I open letters that I think will make mention of you, lest they should communicate some unpleasing tidings — think of this. Your aunt Cruger gives me a very good account of you. She says you behave very well, that you speak correctly, and have but lit tle of the country accent. Try to get the better of it altogether. You should accustom yourself to read out and with an audible voice, and as often as you can in presence of some good judge ; I hope you are not too proud to be corrected when you are wrong ; whoever will do that with kindness and candor, should be esteem ed as your best friend. Even if it is done harshly or rudely, you should endeavor to profit by it. Fas est et ab hoste doceri. I am happy to have such favorable accounts of your cousin Francis, because such an amiable campanion will encourage you to continue going on in the paths of virtue. If your temper is not naturally so good as his, you should endeavor to amend it. Be assured your efforts will be crowned with success. You doubtless I remember the story of Zopyrus, the physiognomist, and Socrates, i the great, the good Socrates. Read it over and over again, and I make some practical improvements upon it. 1 '• You make me happy with the favorable report you make of our dear little Buck and sweet little Betsey. Remember that you • must take very particular care of them in my absence. You are so much older than they are, that you must be their guardian till I can take them and you too, under my protection. Most anxious ly do I look forward to that happy time, which I trust will be in less than a twelvemonth ! Then, my dearest Harry, will you be convinced that you have in me not only a fond parent, but a warm and sincere friend- If I find you a good, virtuous boy, be assured 216 THE LIFE OF, that you shall have every indulgence you can desire; but I need not tell you that I shall not overlook your faults. It will be my constant study to help you to get the better of them, but I must find a disposition in you to exert all your powers for this purpose. My affection for you is very great, but it will not hinder me from distinguishing between your good qualities, and such as are excep tionable; — the former I trust will be many, the latter very few, if any. I want to know a great deal about you, and, to tell you the truth, I have desired some of my friends to give me your real cha racter in all its particulars; now this being the case, you ought to consider what will be said of you, and to that end you should ex amine yourself very seriously. If you find that you are subject to certain passions and humors, which you think would prevent your being beloved and esteemed, try all you can to get the better of ; them. Horace says of anger, "nisi paret, umperet." This may be said of all the passions. I wish you would sit down and write your own character, and describe yourself. Some painters draw their own faces, and why should you not draw the picture of your own heart 1 To make the picture true, they are indeed obliged sometimes to expose deformities, but then they cannot help them, whereas the deformities of the mind may all be got the better of, and converted into beauties, as was the case with Socrates. I ex pect you will give me an account of the manner in which you have succeeded in this important business. Your letter from Kinderhook to your uncle, was not so neatly written, as that to me from New-York; how happened that, my dear boy 1 I am glad to hear that Buck grows such a fine fellow, and that he can read any part of the spelling-book. You are doubtless of great use to him, as well as to little Betsey. You must teach them to understand as well as to read. But, above all, teach them to be good children, and support your doctrine by your own ex ample. When you write to me, tell your brother and sister of it, and ask what they have to say to me, and do you mention it in their own words. Kiss them for me, and tell them how much I . love th.em. Give my love also to all your cousins. Tell my I godson, Peter Van Alen, that I should be glad to hear from him, and that he must inform me about all his brothers and sisters. PETER VAN SCHAACK. 217 -¦* Your cousin Francis, also, I should be glad to hear from in the same way, relative to his brothers and sisters. I hope you do not think my letters too long. If I could suppose that to be the case, it would make me unhappy indeed. The longer yours are, my dear boy, the more acceptable they always are to me. May Heaven bless and protect you, my beloved son, and be assured that I am, Your most affectionate father and friend, Peter Van Schaack. TO HIS SON. London, 22d Nov., 1783. My dear Son : I was made very happy by your letter of 21st August, which I received only four days ago. This circumstance of its old date, which might be thought to lessen its value, does in fact greatly enhance it in my estimation, for your uncle assures me that it is all of your own composition, as all your future letters shall be. I therefore consider, that if my dear boy could write so good a letter the 21st of August, it does him more honor and therefore ought to give me more pleasure, than if it had been written when he was two months older. It is for this reason only that I value its distant date, and not because I am turned virtuoso or antiquarian, who value every thing that is ancient merely for its being so, and prize it the higher even for the very rust, which it has contracted by age. Perhaps you will not understand what I allude to, as no such characters have probably as yet come to your knowledge. As you are to write your own letters without being inspected, let me advise you to read some instructions upon the subject of epistolary composition, which you will find in the Prseceptor, in a letter addressed, I think, to Master F . The great thing you must aim at, is to draw off your attention from all other subjects, and confine it solely to the business you are upon, and check your self whenever you find your thoughts are wandering from it. When you have well revolved in your mind what you intend to say, then choose the best language to express it. Do not spare your dictionary, which will furnish you with a choice of words ex pressive of the same idea, and thereby enable you to avoid tau- 28 218 THE LIFE OF tology. If you cannot please yourself with what you have written", tear it and begin again of a new — ludibria ventis. Grammatical accuracy must also be observed. Government and concord are indispensable, and you should be able to parse every sentence you write. Your verbs with all their moods and tenses, and nouns with their genders, numbers and cases, must be attended to. If you find yourself puzzled in forming a sentence in one way, try another. Invert and alter it in every possible way, till you please yourself. Sometimes you will find help from striking out the active verb and accusative case, and substituting the passive with a nominative, and vice versa. In short, my dear Harry, spare no pains in forming your style and writing with correctness, and be assured you will succeed. You ought to mind your stops, and take care how you use your capitals, which ought to be only in the beginning of a sentence, and in substantives ; and especially ought never to be omitted in proper names of persons and places. You will perhaps think this a dull, dry letter, but do not slight it too much. I hope you are exact about your letters and papers, and keep them in neat order. Do not wear them out in your pockets, but preserve them in files nicely indorsed. Apropos, you do not fold your letters cleverly, and you must not have margins. I am very much obliged to you for correcting my errors, which I hope you will continue to do. In the present case, you have done it with a true gentlemanlike delicacy. This will render you a valuable critic to your friends, and I hope you have candor enough to hear your own faults pointed out to you, and to amend them. Your cousin Francis and you should mutually perform these good offices to each other. Why does he never write to me 1 Tell him how happy I shall be to hear from him. You have given me great pleasure by your happy quotation from the beautiful ode of Horace, and I shall profit by your advice. You should read the introductory remarks upon it, showing the occasion and the design of it. Si fractus illabatur orbis, impam- dumferient ruina. Does not this remind you of Cato's address to the soul — " the stars shall fade away," &c. — " the war of elements, the crush of worlds, and the wreck of matter," &c. Horace is a charming fellow. Pope says of him, PETER VAN SCHAACK. 219 " Horace still charms with graceful negligence, And without method talks us into sense." I hope some of your friends occasionally point out to you some of Pope's many beauties. " The Essay on Man" is rather too deep for you to comprehend the system and the chain of reasoning in support of it, but there are passages in it which will very much please you, such as the noble exordium, and the sublime conclusion — " Awake, my St. John !" &c, and " Come then, my friend, my genius, come along," &c. The tenderness of the image of the lamb, and the digression — " Lo the poor Indian !" &c, are wonderfully beautiful. The address to happiness in the beginning of the fourth Epistle, should be read with great attention. In his Moral Epistles, the character of the Man of Ross is highly pleas ing, and that of Sir Balaam will make you smile. Do not think me tedious, my dear Harry, and be assured you will find your labors well rewarded. Did you ever read Shakspeare's " Measure for Measure ?" In the seventh scene of the seventh act are some beautiful thoughts — " Could great men thunder as Jove himself does," &c, and then — " Merciful Heaven !" I never read or repeat this without sensibil ity. In the Merchant of Venice, too, act fourth, scene second, you will be touched with the beautiful lines : " The quality of mercy is not strain'd ; It droppeth as the gentle rain from heav'n Upon the place beneath. It is twice bless'd, It blesseth him that gives and him that takes. 'Tis mightiest in the mightiest," &o. I am sure you will get this by heart. TO HIS SON. London, 22d October, 1783. My dear Harry: I am waiting with great impatience for two letters from you, which your uncles have informed me are on their passage, but as there is a very favorable opportunity for New-York this week, I will not delay writing you. By the Edward, Captain Cou- par, I send some little books for your brother and sister, which 220 THE LIFE OF you will divide between them as you think most suitable, and I trust you will make the gift of use to the little ones, by your com ments and explanations. Boctus doctior fit, docendo — this I have either read, or heard, or dreamed, no matter which. Upon the subject of books, I could wish you would make a little catalogue of such as you would wish to have in your library. Have you read any part of Mr. Pope's works % I mean to send you, or take over with me for you, a complete set of all his works, including his noble translations of Homer, which I hope you have read, at least in part, before this time. Apropos, I wish you would read Pope's Temple of Fame, in which you will see the distinguish ed rank bestowed upon Homer, Virgil, Tully, &c. The design, conduct, and moral of this beautiful poem, may perhaps want some explanations ; after which, I am sure you will be delighted with it. The descriptions of the great and venerable Homer, of the modest and amiable Virgil, and of the graceful and elegant Tully, I am sure will be so pleasing that you will get them by heart. When you have considered the characters of the various candidates for fame, you will easily conceive, my dearest boy, mwhich class I would wish to rank you. Read with attention the eight lines beginning at line 489. The idea of this allegorical poem was taken from the beginning of the 12th Book of Ovid's Metamorphoses — Orbi locus medio est, &c. You and your cousin Francis should read these things together, after first having read them separately by yourselves. Have you read any of Shakspeare's plays 1 There are many things in them with which you will not be pleased, but you must remember that he lived a great while ago, and that many of his faults are properly owing to the vicious taste of the age he lived in. Hear what Addison says of him : " Shakspeare was born with all the seeds of poetry, and may be compared to the stone in Pyrrhus' ring, which, as Pliny tells us, had the figure of Apollo and the nine muses in the veins of it, produced by the spontaneous hand of na ture, without any help of art." Spectator, No 398. Is not this a beautiful simile, and true as beautiful ? I hope I do not weary you with my observations. You must consider that in all I do, I have your happiness and your reputation in view — they are both very near my heart. I hope you will hereafter say of me what Horace says of his father (as I once before hinted,) insuevit pater optimus hoc me, &c. PETER VAN SCHAACK. 221 Your next and future letters I hope will be written in your closet by yourself, and without being overlooked by any one. When you sit down to write to me, (for which I am sure your worthy tutor will give you a holiday,) you must draw off your thoughts from every thing else, and collect and confine them en tirely to the subject you are upon. Then ask yourself: " What can I say that will be acceptable to my papa 1 What account can I give of myself that will be pleasing to this dearest and best of friends 1 How shall I make him a return for all the anxiety he suffers on my account, and for all the pains he takes to promote my welfare 1" If you proceed in this self-examination, you may ask : " Have I any faulty disposition which would make him unhappy 1 If so, I will from this moment begin to amend it ; and if another Zopyrus should tell me of my natural imperfections, I will, like Socrates, convince him that I can overcome them." Ask yourself also : " What books have I been reading, and what account can I give of them 1 are there not some passages that are particularly excellent, and would afford pleasure to my papa 1" Do not be afraid of being thought pedantic when you are writing to me, though I would not have you talk Latin and Greek when you are with people who do not understand them. When you talk to your neighbors, who are farmers, you may tell them how hus bandry was carried on in Virgil's time, but do not quote the Georgics to them. By the way, do you not often read the first Eclogue with peculiar sensibility, when you think of the public troubles? Who will be the happy man of whom it shall besaid, Beus nobis hcec otia fecit ! Kiss your dear brother and sweet sister for me, and tell them how much I will love them if they are good. My love to your grandmamma and all friends. I am, my dearest Harry, Your truly affectionate father and friend, Peter Van Schaack. TO HIS SON. London, 8th Becember, 1783. My dear Harry: I have already filled one sheet of paper, but such is the pleasure I have in writing to you, that I must trespass on your patience (of 222 » »' THE LIFE OF ^ t which I hope you have a great fund) still farther. You have obliged me much by mentioning the bodily exercises and amuse ments you take most delight in. These, .properly used, will make you relish yOur studies, while they conduce to your health. Mem sana in corpore sano, is what I most sincerely wish you. In the , spring you shall have a very handsome fowling-piece ; but as to warlike implements, what can you want with them 1 Remember it is now peace. " The shady empire shall retain no trace Of war or blood, but in the sylvan chase ; The trumpet sleeps, while cheerful horns are blown, And arms employed on birds and beasts alone." Windsor Forest, I will, however, let you have a bayonet for your better defence or offence, in case you should have to encounter a bear, though I own I would rather you should decline such a contest. I have once before told you, that when you convinced me that you knew the value of time, you should have a watch, and I take for granted that will be very soon. Never be in a hurry, especially when you write to me. Your letters will be more or less valuable to me, in proportion as they are written with pleasure to yourself; and that pleasure I shall infer, not so much from their length as their correctness ; for what we take pleasure in, we take pains about, and, vice versa, what we take no pains about, is fairly to be considered rather as an unwilling act of duty, than as a free will offering of the heart. While I was writing this letter, I received one from your uncle David, which gives me a very pleas ing account of you, and my heart beats with joy on the occasion. Go on, my dear boy, in the improvement of your mind, and the amendment of your temper, and you will make me the happiest of men. Have you ever read the choice of Hercules 1 — it is in the Praeceptor. I will try to get time to write Buck a letter, since the young gentleman is determined to stand upon ceremony with me. Our sweet little Betsey I will also think of very soon. Do you seeder often, and what does she say of me ? Tell her how much Hove** her. If you could get somebody to take the profiles of all three PETER van schaack. 223 of you, I should be glad to have them. God Almighty bless you all, my dearest children ! and believe me, Your most affectionate father, Peter Van Schaack. TO HIS SON. London,;, 20th February, 1784. My dear Harry : I was made very happy by your most agreeable letter of the 11th Nov. If you receive half the pleasure from my letters, that yours give me, how punctual and constant ought our correspond ence to be ! What a pleasing intercourse must that be, in which the ties of natural affection are strengthened by those of acquired friendship, where duty and inclination go hand in hand, and where the heart accompanies the mutual good offices between parent and child! No one of your letters, my dearest boy, has given me so much heartfelt pleasure as the one I am now answering ; — not because it is the most correct, for I will candidly own to you, that it is in that respect a little faulty — do not let that discourage you ; but I value it because I have discovered in it some parts of your disposi tion which give me great satisfaction. The ingenuous frankness with which you confess some imperfections in your temper, your so readily declaring the preference in this respect in favor of your dear brother, your bearing reproof with so much patience, and taking so much pleasure that any -body speaks well of you, are such strong marks not only of a good heart, but of a sound under standing, that I indulge myself in the most sanguine expectations of your becoming all I could wish you to be. Thus have you in this letter done what I wished of you, drawn your own character, though without being conscious of it at the time. Do not be dis couraged that your temper is not naturally as even as that of some of your companions : you will have more merit in over coming your imperfections, than if you had none to contend with — hie labor, hoc opus. Once more recollect the story of Socrates and Zopyrus, and make the practical inferences from it. < I am much pleased with your speaking so tenderly and affec tionately of our sweet little Betsey, as well as of Buck. You must 224 the life of continue to love and take care of them, my dear Harry. Con sider what pleasure it will give me when I see them, to hear them tell me how good you have been to them. Poor Buck ! I hope the pain in his breast has not returned. Tell him he must take care of himself, when the swimming time comes on. I hope you goto see him often. When you cannot get a good horse, I hope you do not mind walking it; even your cousin Harry Walton, though of a delicate constitution, takes much longer walks. I shall send you a gun to be your companion. Do not overheat yourself, nor drink cold water when you are heated, and exercise will be of use to you. Have you ever read of the Peripatetic philosophers? You must become one of that sect, and think and philosophize as you walk. I often flatter myself that you make me the subject of your meditations, when you take your excursions. Believe me you are seldom out of my thoughts, especially when I see any thing which I think would give you pleasure. When we meet,-! 'I will give you a journal of all my travels. When you go out with your gun, I hope you will use, not abuse it. Never kill poor birds wantonly. Why should you rob these poor creatures of life unless it is for some useful purpose, such as food 1 Think of what Shak- ; speare says : " The poor beetle that we Tread upon, In corporal sufferance feels a pang as great As when a Giant dies." What a tender sentiment is conveyed in these lines! They put me in mind of a stanza in Dr. Goldsmith's little poem : " No flocks that tread the valleys free, To slaughter I condemn ; Taught by that Power that pities me I learn to pity them.'' Let me recommend a little allegory, in a book I send you, entitled The Speaker, p. 30, upon pity— there are some inimitable beauties in it. Jl * 1 shall send you four or five volumes of books, which wiljfibe of use and amusement to you. Make a present of one set to your *' companion Francis ; no matter which of them, as you can mu- peter van schaa ci. 225 tually let each other have the reading of the one, or the other, as you find yourselves disposed. ( Farewell ! my dear Harry. Present my duty to your grand mamma and my love to all friends. ' To Buck and Betsey, say a great many tender things for me. I amyourtruly affectionate Father and friend, Peter Van Schaack. Pray imitate your uncle Silvester in every thing but his man ner of folding his letters. , TO HIS SON. ' London, 1th March, 1784. My dear Harry : I have already written to you by Capt. Barnwell, who sails this day. I will add a few liijes by Mr. Bogardus, who embarks in a few days. He carries for you a gold watch, which I trust will be an acceptable present. It is fit, for any gentleman's pocket, or I. would not send it to you ; for that character, my dear boy,T hope you will always maintain. I hope you have too much sense to feel any vanity upon this occasion,- or, to give yourself any airs in consequence of your having any ornament, which your companions have .nbt. ' ' If I could suppose you so silly, or so cruel, for it is the height of cruelty to exult over others, because fortune has been kinder to you than to them, (which ought rather to, excite your gratitude,) I would never send you any thing else of this kind, and regret that I had sent this. But,.! trust, my dearest Harry, that I shall hear no such account of you: Take pleasure but' not pride in it. Put it to its proper use, but do not make it an instrument of vanity. Wear it as if you had been accustomed to it, and, with the same ease that you wear an old coat, or an old pair of shpebuckles. Do not often look into the inside, and wind it up carefully at a particular hour, suppose at the meridian hour of twelve. I promised you last year (and I will never break my promise) that when you should get an idea of the value of time, I would send you a time-piece. Your uncle and aunt Silvester give me so favorable an account of you, — 1, as to the amendment of your tem per, — 2, as to your readiness to receive and to profit by advice, — 3, 29 226 THE LIFE OF .<>; as to your being free from any vicious habits — and, 4, as to your/ application to your studies, that I am happy on this occasioMpof at once fulfilling my promise, and of doing justice to your deserjj$ ¦ I could say much to you upon the benefits of making a right use of time, and the miserable, consequences of neglecting ormisspenjflS it. Look at your watch and you will see that time is continuflH going on, and never stands still— tenipus irrevocable fugitfJlS you do not therefore improve the present moment, it is go^forr ever, and cannot be recalled. ¦ I dp not by any means wish you to be always at your books. No, enjoy your juvenile amusemejp" be cheerful, and indulge the innocent gayety of your disppsitif||at the proper seasons. Solomon says there is a time for every thing. But when you are at your studies, when you are employed in writing to me, then draw , off your attention from play, and give it entirely to the subject you are upon. Be assured, however' diff^S cult this may be at first, a little practice will soon make it easyjto you. Having passed the day in this proper division of your tinje1^ between study and amusement, you will lay your head on the pil low, with the pleasing reflections of the mens sibi consciq retfp'jii Your watch will greatly assist you in the distribution of the four :f and twenty hours, and will enable you to be punctual, without bur- I rying yourself. I hope you rise early in the morning, which will ' greatly conduce to your health.' The whoje creatiqnthen appears' ; in its most beautiful form, and seems to offer incense to the great j Author of all things. When you behold the works of nature-,^ around you, you cannot surely avoid carrying your thoughts to-, -i wards the Creator. How infinitely powerful that Being who could call all these things into existence out of nothing, or out of chaos/*.-'^ Your last letter was a very agreeable one, though not very cor rect. You say you hac^no time to copy it ; but why then did you; not write it sooner, as you knew your uncle Cruger was coming away ? You should not wait for an opportunity, but prepare your letters at perfect leisure. : Resolve to devote a certain time to me, go into a room by yourself, and there consider what subject you are to write upon, and if you do not please yourself, blot out and) alter your letters till they are to your liking. If. in your reading^ you meet with any thing very striking, make a quotation of it. If * Ovid. Metam. B. I. PETER VAN SCHAACK. 227 you find any thing doubtful or exceptionable, state some questions upon it, and I wiU answer them. What is your opinion of Brutus in putting Cjesar to death 1 What do you think of the friendship of Damon and Pythias 1 In the books I have sent you by Capt. George Barnwell, you will find many pretty things to amuse and employ your thoughts. Above all, I could' wish you to read the story of Le Feme, but it is written in such a singular sort of style, and with so many breaks, that you will find it a little difficult at first to read it prbperly. Uncle Toby is an old wounded officer, who had spent his life in Camps, and whose language upon every subject has a tincture' of his profession, and Corporal Trim, who had served with him in the field, accompanied' his worthy master in his retirement, where they ernployed their time in erecting and demolishing fortifications, and " fought their battles o'er again." Philanthropy* was the noble characteristic of both these veterans, and the tale of distress ever found its way to their sympathetic hearts. Generous pair! how do we admire them amidst all their little peculiarities. I re member I accidentally met with this little story when I was about your age, and it made such an impression 'orf me as has never been effaced. Read it, my dear boy, and pity poor little Le Fevre. ' You see by the length of this letter' that I never know how to break off .when I am writing to you. I am almost always think ing of you, and writing seems to be a substitute for. that conversa tion which, when we rrieet, will be my delight. Our dear Buck and sweet Betsey — take care of them and be a guardian to them, my dear Harry. May God bless you all three, prays your most affectionate > Father and friend, P.V.S. TO HIS SON, ' ' London, 12th June, 1784. My dear Harry : I wrote you a few lines soon after the receipt of your agreea ble favor of the 15th April, and my letter, which I intended should have , gone by a private ship, was put into the mail of this month, * M(a and av&Qmnos. 228 THELIFEOF addressed to Mr. Hoffman's care. Your letter afforded me great pleasure, not only for its correctness, but for one or, two passageM in it, which show that you are a gentleman of delicate sentiments and genuine refinement. Your injunction of secrecy shall be in violably observed. Whenever you do- me the honor of placing^ confidence in me, you will find that I understand the importance of the trust. You must continue to treat me with the unreserved frankness of true friendship, as I certainly shall you. 1 expect to derive great benefit from your opinions when I see you, as I shall consult you upon all occasions relative to myself as well as to you, I would take great, pleasure in sending you books, if I knew what sort of reading you are most inclined to. In the great vari ety, it is difficult to make a choice. I am afraid you do not ap prove of my referring you to so many authors, but remember, I do not suppose you can read them all at once ; it does not therefore follow, that my references may not, at one time or another, prove of some use to you ; besides, I have as yet pointed out select pas sages only, which it would not take up more than a few minutes to peruse. Am I too vain in supposing that you do not destroy my letters 1 I will indulge this idea. It might not be amiss for you to make short notes, e. g. (Exempli gratia) : " Select passages of authors recommended by fny father for my perusal, and which I will refer to, whenever I can procure the books which contain them, that I may derive that benefit" from them which his parental love and anxious concern for my welfare had in view, and which I am confident will be, the best return for all his care and trouble. H. C. V. S. Pope— Essay on Man— Epistle I. Exordium — ib. v. 82. v. 99, &c. Epistle, B. III. v. 147. . ' , , Epistle, B. IV. v. 1.— v. 361. Temple of Fame, v. 178 to 244, v. 276 to Shakspeare — Measure for Measure — act — scene — Merchant of Venice, Hamlet — per Mum." Something of the above sort might be improved into a method that would be of advantage to you upon other occasions. If you thought my letters deserved it, J should think it a very high honor done me, PETER VAN SCHAACK. 229 if you had a little MS.* Book, with some such title as this — "Ob servations of my father, occasionally made in the course of his let ters to me, upon the following subjects, from which I have already derived considerable benefit, and which I am determined still far ther to improve upon by reading, as well as by my own reflections, viz. Upon Happiness — Philanthropy; — Benevolence— Candor- Charity— Cheerfulness — Good nature — Affability— Friendship — Choice of companions— Habit of attention — Presence of mind — Self-possession." I do assure you, my. dear Harry, it is notmy interition to over- burthen your mind, or to deprive you of your recreations. Were I with you, I might divide the subjects I intend for your use in such a manner as would make them more easy ; but at such a distance I cannot avoid crowding them together; but as you do not receive a letter from me everyday, and I hope you do not, think it irksome to read them more than once, you must take up my observations separately, and at your leisure. Do not think I shall expect too much of you : let me only find you a virtuous youth, free from bad habits, and I will be satisfied. I long, to hear from you after be ing at Barrington, where I hope little Betsey is settled to your liking, and in a manner you approve. Your tenderness towards her and your brother rejoices my heart, and I was delighted, with your expression — " Fine children, I wish you would write them each a short letter." These are ybur own words, and charming words to me they are-^decies repetita placebunt ! Our little Betsey, my dear Harry, must have a double share of your attention.1 Let me quote two tender lines applicable to both you and me. " The name th' indulgent fathert doubly ldv'd, For in the child the mother's worth improved." I think I left Goldsmith's Roman History at Kinderhook ; if so, I hope you have given it a reading. You will also find Stanyan's Grecian History, which you should look into. These celebrated republics you should begin to form some acquaintance with. I shall probably send you Plutarch's Lives, which will make the great characters of antiquity known to you. Stanyan was given * Manuscript. t Brother. 230 THE LIFE OF me at college, as a premium at a public examination ; so was a set of the Belles-Lettres, which I left for you. • Have you ever dipped into Homer, and do you know anything- : ;about Achilles, Nestor, Ulysses, Tydides, Ajax, &c, and Priam,1, Hector, JEneas, &c. 1 Apropos, I wish you would once more read the first Eclogue of , Virgil, which is so suitable to the times. When you read the fourth, turn to Pope's Messiah. I am much concerned about your toothache^ my dearest Harry; I will send you some powder. At present, I can only recommend your keeping your teeth perfectly clean by rinsing your mouth often, especially after your meals. Do not drink any thing hot, nor rub your teeth too much. A soft brush rubbed up and doilm between the teeth will answer the purpose. Get a. -little "bark finely ^powdered, and use that with your brush. Doctor Van Dyck will tell you, that bark is an excellent antiseptic. Do you kho$|| the history of the discovery of this excellent medicine, the bark? and do you know who the Jesuits were, whose name it bears l,:% Heaven preserve you, my boy ! Kiss the little ones for me. - Yours most affectionately and most tenderly, P, V. S. TO HIS SON. .1 London, 25th Nov., 1784.' My dear Son : I have read your several letters of the 21st July, 3d September, and one without date, with sincere pleasure, but great emoSiii. My dear boy ! how have you touched my feelings by your affecting description of the parting scene between you and your dear brother > and sister ! I am now not less proud, than I have always been fond of you. I perceive that ybu have not only a manly, genius, but a heart filled with the most amiable sensibility. What you say about my long absence, my dear Harry, endears you more than, ever to me. Believe me, it is a heart-breaking affair to me,but'be assured at the same time, that I will fully satisfy you of the neces-1 , sity of it — as such we must submit; but I trust that next Mayjfcs shall have no obstrutcion to my embarking for my dear native country. A winter passage, I cannot think of, and my friends surely would not wish me to undertake it. PETER VAN- SCHAACK. 231 The manner in which you speak of your Kinderhook friends, my dear Harry, goes to my heart. God grant I may have it in my power tp return them the thanks of a warm and grateful heart for their kindness to ybu. You must often write to them. What you say of David V. A. makes me love him a thousand times more than ever. The character you give of him pleases me beyond expression. My godson has also my tender remembrance. v I am very much pleased with what you say of Major Goes. Enmity I bear not against him or any other person whatsoever. The late civil war was a great national calamity; i and no, one had a right to expect an exemption from a share of it. I have often had,my -fears lest you might have taken up prejudices and resent ments, on account of what you might have thought ill treatment of me, but I am happy to find that you have too much liberality in your way of thinking, to' be warped by any partial considerations, in a case of such great and extensive concern. A civil war implies in the very idea of it, every enormity which the human heart is capable of.: Read those in> the Roman history, even in the most polished times, and you will not wonder at any thing that has hap pened in your own country. The contest is now, at an end, and to pour balm into the yet bleeding wounds Jpf our country, should be the object of every good citizen, of whatever party he may have been. Pray read No. 125 and, 126, in the second volume of the Spectator, very attentively. I hope you will not get into any warm arguments on political subjects. If you should hear me, or any of your other frierids censured, evade any altercation by saying it is a delicate subject as it affects your feelings, and too complicated a one for you to comprehend it; that you can only answer for the integrity of your friends, but if they have not ^een blessed with abilities equal to those who censure them, it was their misfortune, not their fault. With something like this I would, have you avoid disputes. By the by, of arguing, there is a paper in one of the volumes of the Spectator, I think the third, which I would have you read over and over again. Young gentlemen are fond of \sbowing,their talents in this way, as well as in raillery, and making a butt of some one in company. Let me beseech you, my, dearest Harry, to take care how you attempt to use these edge tools. The limits of 232 THE LIFE OF a letter will not allow me to be explicit on these subjects by giv ing you my sentiments, which have arisen from, experience and observation. When we meet,- you will find I hope that my. absence has not been altogether useless to you. If my acquirements (such as they are) can conduce to your benefit, their most. valuable /pur-i pose will be answered. Meanwhile examine yourself, nosce te 1PSTJM. Acquire a habit of attention, so that you may be able: to abstract your thoughts from every other subject but that you. are upon. Endeavor to obtain a preserice of mind, a self-possession^J which will enable you to attend to what is said in company with out being confused or embarrassed. Above all, my deafHarry-jp be Hot discouraged if some of your companions outshine :yoU' in conversation. Be assured your talents only want to be cultivateofSl and that depends on yourself. If you have acquired any thing of the Dutch accent, try to get rid of it. Our country people pro nounce the letter e like the a. By attending to this you will soon overcome it. The th is another difficulty with them. I am glad you have seen Mr. Jay. You must never decline^ any opportunity of being' with him, and when you have been in his company, recollect at your leisure every thing he has said, and every expression he has used ; he speaks with more elegance and- correctness than almost any man I know, and his abilities are won derful. Call upon him with my compliments, and tell, him I have received his letters , of the 3d September and 6th October, and that I shall pay due attention to them ; that I will write to him as soon as any thing occurs in the business he writes about worthy his, notice. You will add, that Lam but just returned from Yorkshire^ : where I have spent three months. ' Apropos, to convince you how much I have your, welfare at heart, should you ever come to. England, you will come into a pretty large circle of acquaintances, for to every valuable oonnecnpfii;? I have made, I have mentioned you, and -that I should put them in mind of the honor they had conferred on me, by introducing you to them. I cannot help thinking, my dear Harry, that if you and I can but be a year or two together, arid you will but cultivate; your own mind,' you will enter into life with greater advantages than most young men. Be assured, I shall treat you as a brother and a friend, nor shall I exercise any other authority over you than PETER VAN SCHAACK. 233 advice and persuasion. How happy is it in your power to make me !! Give me some account of the college, your studies, hours of attention — who is your President ? — a clergyman I suppose. Pre sent my respectful compliments to him, and pray cultivate his good opinion by a meritorious deportment. Present my most respectful regards to your uncle Cruger, and aunt Mary. Write to Buck and Betsey, and tell them how much I love them. Let, your aunt Silvester pay my duty to your grand mamma — in short, my regards to all friends. Heaven preserve you, my beloved son ! prays, Your affectionate father and friend, P. V. Schaack. TO HIS SON. London, 29th January, 1785. My dear Harry : Not a line from you by the two last ships, which is a great mortification to me. Surely you must be acquainted with the time of sailing of every vessel for England, by means of some one or another of your friends. As to the pickled oysters which you first intended for me, and the peppers and nuts for which you changed that plan — In nova fert animus mutatus dicer e formas Corpora I have not received either the one or the other, nor did you ever tell me whom you sent them by. From oysters you ascended to peppers and nuts, and from peppers and nuts, you have descended to nothing. Here is an example of climax and anti-climax. But, to be serious, I am very well pleased that you have not sent me either, as the trouble and expense of getting on shore even these trifles, is enormous. So make yourself easy ; only write to me and I shall be contented. But pray write on large paper, and let it be a single sheet to save postage, for every scrap of paper pays as much as a large sheet. This is entre nous and pour I'avenir. February 2d. Your letter of the 20th November, I have just received. It is correct in the articles both of orthography and grammar ; but you seem always in a hurry, my dear boy ! Write 30 23 1 THELIFEOF deliberately ; an hour or two by your watch will answer the pur pose. Think, I repeat, think of what you are about. Your tender wishes for my return go to my heart. I still determine to go in May. Mr. G. W. will explain this matter more fully. You must wait upon Mr. Mullet and ask him if you can be of any service to him in delivering, or forwarding any of his letters, or otherwise. Inquire about your uncle, aunt, and cousins. If either of the Mr. Watts' are civil to you, take some opportunity of telling them that you will be happy to merit the good opinion of gentlemen, for whom your father 'has so great an esteem. How is your little cousin Eliza 1 You should always inquire about her when you are at Mr. G. W's. ; also ask about Harry Walton, who write? to his uncle by Mr. Mullet. Mr. Outhout will probably take notice of you ; if so, you should inquire of him about Mr. and Mrs. Du- mont as my most particular and most valuable friends, &c. In short, you must have a little small chat as well as learned conver sations. You must make allowances for Mr. Jay from his public character and wonderful engagements in business. He has not been unmind ful of me, I assure you. He does more than he professes. He is not vox et prceterea nihil. Call upon him again and tell him I have succeeded in the business of his brother, and wish to hear from him on the subject. I have written by the packet to his brother Frederic. Let me beseech you to attend to all these matters. Before you go out, make a little memorandum of where you are to call, and the heads of the business you are going upon. Attention in these matters, my dear Harry, small as they are, will be of wonderful use to you. May Heaven preserve you and keep you virtuous and good ! is the prayer of Your affectionate father and friend, P. V. S. " Exile, according to Plutarch, was a blessing which the muses bestowed upon their favorites. By this means they enabled them to complete their most beautiful and noble compositions." If there be more of poetry than truth in the first branch of the foregoing extract, the latter part of it at least will be admitted to PETER VAN SCHAACK. 235 partake less of fancy than of fact. If the ostracism of Thucydides was the cause of giving his celebrated history to the world in ancient days, so also it is probable, that to the banishment of Mr. Van Schaack are we indebted for those rich, instructive and clas sical letters, which in the two preceding chapters are placed before the public. 236 THE LIFE OF CHAPTER XI. Allusion has been made, in a former part of this work, to the fact, that during his residence in England, Mr. Van Schaack com mitted to paper many of his speculations on public affairs. A chapter composed of extracts from his political diary, will probably be deemed sufficiently curious and interesting, if not valuable for its historical features, to merit a place in this work. It is proper to state, that these notes, which commence in the summer of 1779, were marked by him as being " crude and undigested," and as " intended to be methodized." " With respect to the disposition of the people about politics, those I have met with divide into the following classes. 1. The opposition, whether from attachment to the Americans, from party enmity to ministry, or predilection to those who are endeavoring to get into power ; these are bent upon one point alone, a change, be the consequences what they may, and I verily think a revolution would be more eligible to them, than the greatest success under the management of this administration. 2. The adherents of gov ernment, who think themselves bound to support its measures as such, though they do not strictly approve of their policy. 3. A set of people, who, though anti-ministerialists, nevertheless think the times too serious to oppose government, and who would rather the ship should be saved by the present pilots, than to en- • danger its loss merely to remove them from the helm. 4. Such who think the present administration incompetent, but that bad would be made worse by a change.* * " Note. 1780. — With respect to America, there are but few who think a reconciliation practicable ; others who are friends of government think the war must be persisted in, as no peace ought to be made with France and Spain in the present comparative state of their navy, although they consider the American cause hopeless. " The Patriots are for withdrawing the troops at all events.1' PETER VAN SCHAACK. 237 " There appears to be a general kind of propensity to change their governors, if not the government, in almost every part of the British empire. I cannot except England, much less Ireland, and there is reason to think it very prevalent in the West Indies. Perhaps these may have an eye to an easy discharge of their debts to this country. What originates in personal animosity to a minis ter or a competition for places, often ripens into a more dangerous opposition ; and a prince should perhaps sacrifice to the humors of his people by a moderate fluctuation of his favors, observing a medium, however, which will avoid the appearance of unsteadiness, while it does so of the other extreme of partiality and pertinacity.* " In a comparative view of the merit of the contending parties, perhaps there will be no great scope for eulogium on the superior virtue of either. Personal animosity, family pride, party spirit, and a competition for offices, seem 'to be the spring of action com mon to both sides. The minority have indeed seen verified many of their predictions, and had the arguments of the more temperate part of them been attended to, many evils might have been averted; but the other side say, those very predictions (urged in the manner they have been) have been accomplished by means of those who made them ; that by clogging the wheels of government, they have prevented efficiency to measures well constructed ; that taking side with every one who mismanaged, whether in the land or navy departments, they have afforded protection to delinquents and taken away the fear and shame of doing wrong.f " I have no doubt but generally, almost universally, in civil wars, the fault is originally with the government. The people are not moved without cause, though they carry the remedy beyond the injury, and it is true that they often keep up the contest after the cause subsides, or is removed ; yet their perseverance afterwards is not always to be deemed culpable. This is one of the evils insepa rable from commotions once excited, and as such ought to be a warning to rulers to prevent them. The bulk of the people natu- * " Aug. 1779. Note.— Since this remark I find Lord Littleton, that excel lent man, held the same idea.'' t " America certainly relied on the parties at home. Our battles were to be fought here. Dr. F told Mr. G that this nation was so distracted and divided, that they could not make exertions of the national resources." 238 THE LIFE of rally acquiesce in the proceedings of government. The motives in which society originates, and by which its bonds are cemented) seldom lose their effect. The great duty of government is to con sult the good of the people, and by making obedience their interest, they will insure it. Even popular prejudices are to be consulted, and ought to have their weight. How willingly people submit to practices or usages calculated for the common benefit, is evident in large cities. The urbanity in the city of London is extremely re markable. No coercive laws would obtain so implicit an obedience as is here voluntarily given to customs calculated for general con venience. " 'Tis true, the people when roused carry their resentments be yond the first object, and after the event often make every conces sion ; but then these concessions appearing to be the effect of fear, the sincerity of them is doubted. They ought to know this, and if the evil admits not of remedy, they are culpable for not using pre ventives. " The doubts entertained of the sincerity of Charles I. were not peculiar to his case. They naturally arise between parties in all civil wars. "Perhaps there never was a more remarkable situation of public affairs both in Europe and America. Several nations are in open hos tility without any declaration of war. In neither of these nations are the measures pursued by its government generally approved. Vast numbers in each of them espouse the cause of the declared ene mies of their country* In England the cause of America is openly * avowed by great numbers, and the hostility of France and Spain justified. In America, the adherents of the British government are numerous. It is said that the connection with America, and the war with G. B., is by no means popular in France, and the Spa nish declaration is said to be much disliked by the subjects of that kingdom. Holland is also divided, and there are parties in almost every European nation upon the subject of American Independence. From such a strange jumble something must emerge, which will probably make this a most important era in history. Some nations * "It would make a strange revolution, if the malcontents of every nation were banished to the enemies of that nation to whom they adhere ; a wonder ful mixture of Medes and Persians, &c. &c:" h PETER VAN SCHAACK. 239 look to the independence of America from motives of commerce, (the freedom of which so fully assented to by France was therefore great policy,) others as an asylum to emigrate to from the bur thens they labor under in their own country. " The spirit of party at this time is much deeper laid than it has been in any former period, when it would unite against a com mon enemy; whereas now it takes sides with them.* This may be imputed partly to two circumstances : First, the civil war which has prevailed in part of the empire, and it is well known that people who take a side in such a contest generally adhere to it in all its progress ;f for though they cannot commend or justify all that is done by their particular party, it is however excused as an act of necessity resulting from the original misconduct of their opponents. Secondly, I think this bitterness is heightened by the increased luxury and dissipation of these times, for public rapine and peculation are become necessary to support those who cannot refrain from expense, even when their private fortunes are exhaust ed or impaired.J I have heard it observed that public offices might be well filled by men out of the middling class, but these wanting parliamentary interest (the great avenue to preferment) must remain in obscurity. The constitution tested by its first prin ciples is perhaps no more. Ministerial people say that no change can be made but for the worse ; perhaps this may be true, under the above observation, that the choice is limited only to certain great men on either side; but in what situation must a country thus circumstanced be. . You have only a choice of evils ; the temper of the times, and an artificial system of politics foreign from the principles of the constitution preclude you from choosing what is best! " Upon the whole, nothing but the most unlooked for success can prevent some violent commotion. For the King is determined to retain his present Ministers in defiance . of the opposition ; and the opposition (who are very numerous and powerful) are deter mined to thwart every measure of this Ministry. The language * "Lord Abindon's address to Co. of Oxford— July 1779." t " There were many instances of good men in the wars of Charles I. who changed sides." { " Liberty is inconsistent with the dependence a broken fortune exposes to. Lord Litt." * 240 • THELIFEOF of the King is, The present system is my own, and I will support my servants in carrying it on through all its consequences. That of the opposition is, We will not only not aid, but counteract every measure under this Administration, though we know the King will have no other. We will therefore do what we can to compel him to a change, or to lose his Crown if he perseveres. This is riot exaggerated ; and add to the picture the present situation of the country involved in a complicated war, and it will be truly dreadful. " It appears to me, too, that the contest is lately advanced one dangerous step ; the ministry were formerly charged with the mis chiefs of the public measures, but now the veil begins to be drawn from the Crown, and the King is said to be the author and pro moter of the system, even in some instances against the sense of his servants. " There is nothing which seems so threatening to the Congress as their paper money ; and to such a height is the evil grown of its depreciation that it is said there are projects advanced of totally annihilating it, and of emitting denovo. Such a measureswith the enemy in their country, would be one of the most adventurous proceedings known in history. Some contend that there is no fatal consequence to, be expected from the depreciation ; it is but, say they, strikirig a greater sum, and as every thing rises in propor tion, so the money may still be sunk without any extraordinary burthen upon the subject ; for every necessary can be purchased for the same sum in specie as formerly, and if the taxes are nomi nally higher, the produce rising in proportion, the farmer gives no more of it than if the value of the paper money was equal to specie : thus, if the depreciation is as six to one, the farmer when' he is taxed six pounds in fact pays but one. But there certainly is a fallacy in this. That government must be weak, which, de claring their notes to be equal to a certain sum pays them with one sixth of it. Their faith must be questionable when they can not perform their engagements. The taxes become in reality hea vier, though the produce rises in value, for foreign commodities equally rise.* * "/They have, however, many succedanea : 1. Personal military services like feudal times. 2. The persons drafting paying the hired soldier in the way PETER VAN SCHAACK. 241 " Congressi national debt, including state emissions, but exclu sive of foreign debt, is' estimated at 130 millions of dollars. " Loan certificates " ' " 15 millions. 145, " The expense of campaign 1775 estimated about 5 millions. Rutlidge — Lincoln. 254 THE LIFE OF the claim of taxation, as well as every claim which involved any idea of subordination. The business of coercion was again re sumed. After some feeble efforts, the coercing army are obliged to act on the defensive, and they are anxious for the safety of those who were to be the conquerors. Thus as fast as one prop is taken away, another is laid hold of; and, notwithstanding a total change of circumstances, people think they must, to avoid the imputation of inconsistency, retain the same opinion. . " Hope travels through, nor quits us when we die." " Sept. 29th, 1780. A notion again prevails that the troops will be withdrawn from America, and this is held by persons, who, a few weeks ago, from some successful events thought conquest in sured. Strange event-judging world ! What occasions this change? The landing of the French troops, and the reinforcements to Gen eral Washington's army. But surely it could not be doubted that the French would send troops, and it was known for several months past that they had done it ; and that this would give energy to Congress, and spirits to the people was beyond doubt. The abandoning America now, is the wildest chimaera that ever en tered into the head of a politician. Suppose even that conquest is impracticable, (as I verily believe it is,) what would be gained by this measure ? Will it break the confederacy, and detach America from France ? By no means. Will it increase our comparative strength in the West Indies ? No : for the French force now on the continent will be sent thither, strengthened by reinforcements from the American army. America, left to herself, will sooner re cover from the wounds she has sustained in the course of the war, and will be enabled, besides prosecuting her agriculture and man ufactures, to carry on the business of ship-building, and fitting out private ships of war. The fate of Canada, where the British power already shakes to its centre, will be accelerated, and the danger ous situation of the Islands greatly increased. Great Britain must have some ports upon the continent, or she must sign a carte blanche. In short, in this choice of difficulties, the least pernicious system will probably be deemed to be the continuance of the war in its present confused, jumbled state, as the situation of this country seems now to be precisely that wherein Cardinal De Retz says it is even prudent to consult only le chapitre des accidens. PETER VAN SCHAACK. 255 " Oct. 12th, 1780. It seems to be received as a fact, that the resolution Lord Cornwallis expressed in his letter of 21st Au gust, of inflicting exemplary punishment on some of the prisoners, has been actually carried into execution. Probably the descrip tions in his preceding letters may point out who they are. 1. Lieut. Col. Lisle, who had been paroled to the islands and had afterwards exchanged his parole for a certificate of his being a good subject, returned to the country, and carried off a whole battalion to join General Sumpter. 2. Col. Mills' Militia, who carried off their offi cers to General Gates in North Carolina. N. B. These militia the Col. formed contrary to his lordship's instructions, trusting more to oaths and professions, and attending less to the former conduct of those he admitted. " Whether the Congress will think proper to make any retalia tions, is uncertain ; but it is proper to remark, that Earl Corn wallis has not inflicted punishments upon any for treason previous to the taking of Charleston, and simply on account of their hav ing engaged in the resistance ; and that it is the violation of new engagements, voluntarily entered into, and broken through without compulsion from the American army, which he has punished. The Congress have inflicted capital punishments for aiding and abetting the King's troops, upon such as had never recognized the American States, or sworn allegiance to them ; who, on the con trary, had avowed their subjection to the British Crown, and had been restrained from joining his Majesty's troops. Some were tried by a Court Martial, in 1777, for aiding the enemies of the States. In 1778, seven (out often who were convicted) were ex ecuted at Albany, for assisting General Burgoyne's parties with horses, &c, on his march to Saratoga. In 1779, two persons were hanged at Philadelphia, for aiding General Howe, while the King's troops were in the actual possession of that part of the country wherein the assistance was given. " But it is not improbable that the Congress will deny the in ference Lord Cornwallis would deduce from these facts, and insist that the American States being declared free and independent, the temporary possession of any part of- them by the British troops must be considered as a mere invasion of a foreign enemy. How ever, may it not be said that even upon that principle the law of 256 THE LIFE OF arms will justify his lordship ; for having . conquered a certain dis trict, and put it to the inhabitants to make their option of the pre dicament they chose to stand in for the future, and they having voluntarily sworn allegiance, and voluntarily renounced the pro tection afforded them ; that thus becoming subjects de novo, they were proper objects of punishment ? " It is a matter of no small curiosity to observe the mutual al tercations of parties in England. The Ministerialists are continu ally pointing out instances of patriots, who, when in administra-f» tion, acted the part they now do ; and the patriots retort the charge. These are perhaps the only instances wherein both par ties have truth on their side," PETER VAN SCHAACK. 257 CHAPTER XII. We have seen that Mr. Van Schaack's sentiments in regard to the American Revolution were peculiar. Although he decidedly condemned the conduct of the Home government, he was yet opposed to taking up arms in oppositiori to it. His precise views on this subject are best gathered from his own writings, which have already been spread before the reader. These present those nice and discriminating views and distinctions, those tints and shades of opinion, which are very necessary to be regarded, and even studied, to do justice to his sentiments. With his views and mode of rea soning, he probably could not take up arms against the Colonies^ because he condemned those measures of government which con stituted the grievances complained of; and considering Britain as so far in the wrong, he was not disposed to interpose obstructions to those measures which his countrymen saw fit to adopt, in the exer cise of that right of private judgment which in his own case he held to be sacred and inviolable. He could not favor the warlike atti tude assumed by the Colonies, because he considered their welfare to be identified with a continued union with Britain, and that success to the American arms, by dissolving that connection, would but increase their embarrassments, and terminate in anarchy and ruin. Another and, a prominent reason was, that he did not believe that the obnoxious measures originated in " a design to enslave." He gave ministers credit for integrity of purpose. Charity formed a prominent trait in the character of Peter Van Schaack. In can vassing the actions of individuals, he always sought for a good motive ; and that same principle which led him on all occasions to place the most favorable construction on the conduct and mo tives of individuals,, he applied to rulers. Entertaining such opin ions, he could not reconcile it with his views of duty to involve the country in a civil war, of which he entertained the deepest horror. .' 33 258 The life of # In accordance with these opinions, (and it shows the consistency of his conduct with his declared sentiments,) he assumed, at the commencement of hostilities, the stand of neutrality, which' he conscientiously and inviolably maintained. It is believed that no enlarged mind can doubt the sincerity of his conduct ; nor is it strange, that such a man should have retained the confidence and friendship of the most eminent whigs of the Revolution. The situation of Mr. Van Schaack, at the capital of the British empire, gave him an admirable opportunity for ascertaining how far ministers were entitled to that credit for honesty of intention, in their measures against the American Colonies, which he had so charitably accorded to them. It was here, after a residence of more than a year, that his opinions on this subject underwent a change ; — a circumstance which imparts to that change no small degree of interest. The following papers were found among Mr. Van Schaack's manuscripts. That which will be first given, indicates a mind undergoing a change of sentiment by deliberate reasoning. " January, 1780. " I have always considered in a high light the duty individuals owe to the government they voluntarily live under, and which they are protected by. A temporary suspension of this protection, owing to an unhappy combination of circumstances, (the desire of affording this protection being evidenced by endeavors to accom plish it, founded on a rational hope of success,) does not in my opinion cancel the obligation. Private inconveniences, as such, cannot cancel it. " I have considered the rights and obligations of sovereign and subject as reciprocal, as founded in a civil compact and involving mutual conditions, which, like other civil compacts, is religiously to be observed while it continues, but which, being conditional and mutual, is liable to dissolution. The dissolution, of such a com pact, is an inference to be deduced from a variety of circumstances, always perplexed and intricate. " Whether a government in a civil war, proceeding in a hope less cause, has still a right to the obedience of such as think it originally was right, is a great question. The hopelessness of such v: PETER VAN SCHAACK. 259 a cause can be only matter of opinion ; but that opinion, being free and unbiassed, and deliberately weighed, is the best guide a man can have. " A man forming his idea of the rectitude of a government from what he knows at the time, may change it in consequence of facts coming afterwards to his knowledge, without impeachment of his firmness, or the rectitude of his principles, for what can we reason but from what we know ? A firm man is he who adheres to prin ciples, however great their difference in the application. A man adhering to a party right or wrong, is an obstinate, not a firm man. " A man, an American, may have taken side with Great Bri tain upon these two grounds : 1. Because the proper remedies were not pursued by Congress (whatever he might think of rights). 2. Because he thought a reunion (then practicable in his opinion) would be productive of the real happiness of that country. " A man may, upon a full information of the proceedings of both sides, think it a matter in point of right, and from the errors on both sides, indifferent which side he joins. For instance, is it not equally the duty of both sides to prevent a civil war ? Is not the adopting measures obviously leading to it, as much incumbent on the government as on the people ? Is not the neglect of the ob vious means to prevent it, equally culpable on both sides ? and supposing a man is thoroughly convinced of this, may he not inno cently take either side ? and duty, to government out of the ques tion, is he not right in regarding his interest, especially when that coincides with what he owes to his own country ? " A man is to have due regard to the interest of himself and his family, but should take care not to let it bias him from his duty, which to his country, as in every other instance, must prevail over interest. But the question then will be, What, under all the cir cumstances of the case at this time, is his duty ? "In the American dispute, those siding with Great Britain meant to promote the interest of that country, by attaching them selves to this, and thought they were pursuing and aiding the means to accomplish this. The aggrandizement of Great Britain could be but a secondary motive, inseparably connected with the welfare of America. " If it should appear to such, the actual situation of things con- 260 THE LITE OF sidered, that a reunion cannot take place; that the connection is irretrievably broken ; that the continuance of the war is perpetuat ing the misery of his own country without promoting the just views of this country ; that the greatest happiness of America is to put a period to the war, — what part ought such a man, an American, having his whole property, all his dependence, and the tenderest connections in that country, to take ? " I do not think an American bound to promote the views of Great Britain, when they are directed only to weaken, to cripple America, and not to recover her ; or when that recovery is only hoped for, from the ruin and destruction, by conflagration, pesti lence and famine, of America. " I always presuppose, that the man thus situated holds him self bound by the natural and revealed laws of God, (those revealed laws, however, so understood as to make the social compact be tween sovereign and subject only a civil compact, capable of dis solution,) and that he has taken due pains to acquire information before he passes a definitive sentence to direct his own mind. " My conduct (the consistency of which, however insignificant to others, is to me of the utmost importance) shall be the result of a serious regard to the above principles, and such others as may be dependent on, or connected with them. In weighing the truth of them, I expect a candid interpretation, and that my obvious mean ing will not be rejected on account of any inaccuracies of language. My conduct I hope will be judged of only by such as will think with candor, who, before they pass sentence, can place themselves in my situation, and who will put such a construction upon my ac tions as they would think just to be put on their own, were our sit uations reversed." This paper, with his usual characteristic pertinence, is endorsed, "Less a friend to doctrine than to truth. — Prior." — "Terras astra reliquit." — In that which follows, will be seen the conclusions at which his mind arrived. " When* in the course of our conversation you heard my politi- * There is no date upon this paper. It was probably written in the early part of 1780. PETER VAN SCHAACK. 261 cal principles upon general questions of government, which you said were strictly agreeable to those of Mr. Locke, and other dis tinguished advocates for the rights of mankind, you seemed to intimate, that the part I had taken in the American contest was incompatible with those principles. I told you I thought I could convince you to the contrary, but rather than do injustice to myself, (not having leisure to enumerate all the arguments,) I chose for the present to labor under the imputation of having drawn a con clusion at variance with my premises. " It is not uncommon for men of equal understanding, acknow ledging the same rule of right, and upon the same established facts, under certain circumstances to apply that rule to a particu lar case, not only differently, but in direct opposition to each other. If this be the case where facts are not contested, how much more scope is there for a contrariety of opinion when the facts them selves are doubtful ; where there are a variety of circumstances equivocal and clashing with each other, and when we are to decide upon facts at a distance through the medium of contradictory proofs. If, in balancing those proofs, different men draw different inferences and give different verdicts, they cannot but apply the rule of right differently. The right of resistance is not more clear in the abstract, than the right of adhering to government. The one or the other becomes our duty, according to the circumstances of each particular case. " I was bred up in a passionate fondness for the British Constitution. What might have been the effect of partiality in English writers, I found confirmed by the suffrage of foreigners. The idea of independency seemed to me to involve that of being deprived of that constitution, and I held the connection therefore as essential to the preservation of that constitution, which alone could diffuse the happiness I expected from society. From all the proofs I had, I could not, on a fair estimate, think them sufficient to estab lish the fact of an intention to destroy the liberties of the Colonies. I saw irregularities, but I thought time would work out our deliver ance, and it appeared to me that, balancing conveniences and in conveniences, we were, upon the whole, a happy people. " The idea of a civil war appeared to me to involve the great est of human calamities, and I thought policy should make that in 262 THE LIFE OF us the last resort. It would let in a torrent of vices, with which we were unacquainted. I thought there was no danger from prece dents, because, in the natural progress of affairs, we should prevent their growing into prescription ; besides the public disavowal of the principle, which would destroy the implication from a short sub mission, we had one means, that of a non-importation, which would always be effectual. It appeared to me that it was not prudent to go into the measures we did, merely in opposition to a speculative question. In short, it appeared to me that all was not done which might have been done, to avert the horrors of a civil war, and that no back door was left to the B. P. ;* and I held it, thai, till my mind was thoroughly convinced, I must remain inac tive. He that appeals to the Almighty must be sure he has right on his side. " That I had some difficulties in my mind, however, I will frankly own ; but what confirmed me the more, was the irregulari ties I saw committed by the people in power on the other side, de structive as I thought of the principles they were contending for, and stretching beyond the bounds of that necessity which must cir cumscribe all human power. I feared that we were in the state of Rome after the death of Ceesar, and that we had only the choice of masters. In this situation, without complaining of hardships I underwent, I met with domestic calamities, and found the effects of a fatal disorder in one of the tenderest organs of the human body, which required me to take the ablest opinions, and perhaps to undergo a dangerous operation. " Upon my arrival in England, I have attentively endeavored to procure the best lights I could, respecting the American contro versy, and particularly relative to the designs of government here, with respect to the article of taxation and raising a revenue from America ; the sincerity of their avowed disposition to peace, to redress the American grievances, and to remove the causes of their uneasiness ; and how far they had really acted with that integrity for which I gave them credit — and how far they had, on their parts, fulfilled the duty, which, on the other side, I had thought the rulers deficient in, of averting a civil war, and with what kind of temper they had acted. # British- Parliament. PETER VAN SCHAACK. 263 " The result of a fair investigation, which has employed much of my time here, is, that the design of administration was to draw from the Colonies a substantial, solid revenue; that every overture towards accommodation was extorted by fears arising from ad verse events, and couched in terms of equivocation, which were meant to be retracted upon a change of circumstances which actu ally has happened ; that the real design was to enhance the influ ence of the Crown, by multiplying officers dependent on it. In short, to establish in the Colonies the system of corruption by which their government here is carried on. For in examining the constitution of this country, at this day, by its principles, it is clear to me that it has no longer an existence. The very fountain is polluted, and corruption pervades every channel of power. Par liaments are a mere sound, and the majorities are subservient to the will of the minister, and ready equally to support the most con tradictory systems. The great officers are abandoned to luxury and dissipation, and the public is plundered to promote their ex travagances. No man's merit carries him into office, but merely his Parliamentary interest, and this interest over a set of venal bo roughs, which are bought and sold like the ancient villeins. In short, the national character is so depraved, that there is, not spirit to rescue their government from destruction. " Under these circumstances, I find my mind totally absolved from all ideas of duty. I see the British constitution in its most essential principles totally lost. I find the British spirit extinct. I see luxury its predominant character, and power in almost every department centered in those who are most abandoned, and that class of people who might have virtue to rescue the government from its abuses, excluded from office because they have not the means of corruption. Absolved, therefore, from all the ties of al legiance, I consider myself now as a citizen of the world, and to my native country am I determined to return, as the country of all others the dearest to me, as it ever has been ; for I never can be intimidated from avowing, that its welfare was the first object of my views, however it may be thought that I had erred in choosing the means to promote it." This may justly be pronounced a document of rare interest, and 264 THE LIFE of those who read it, will have no difficulty in accounting for the readiness and perfect satisfaction with which Mr. Van Schaack conformed to the new order of things, on his return to America.** Althouglj averse to many of the public measures of his countrymen, he had never been bigoted in his views. To use his own language, he aimed " to view things, not with the jaundiced eye of prejudice, but with a philosophic expansion and liberahty." His mind was open to conviction on all subjects, and candor formed another, and a prominent trait in his character. He had, in fact, (as he ex pressed himself in a letter to a friend,) during his residence in England, " held a language rather different from the general cur rent;" and the candid expression of his sentiments had subjected him to the charge of apostasy. With such liberal views and feelings, it is not surprising that his heart should pant for peace, and that he should have hailed its approach in connection with the unconditional acknowledgment of his country's independence, with out any of the emotions of humbled pride, and with no other feelings than those of marked satisfaction. His determination to return to his native country was frustrated from time to time, in consequence of the suspense in which he was kept by the faculty, in regard to an operation upon his eye. On his arrival in England, he had consulted the most experienced oculists, who dissuaded him from an operation for fear of its injuring the sight of the other eye, which remained unimpaired. At one time, however, he determined to undergo the operation. In prospect of a fatal result he proceeded to arrange his papers with the greatest Composure, and drew his will. It commenced as follows : " In the name of God, amen. I, Peter Van Schaack, late of the city of New-York in North America, and now residing in the city of London, being in the full possession of my faculties, and in ihe enjoyment of my usual state of health, (except a complaint in my eyes which occasioned my leaving my native country, and for which I am soon to undergo a dangerous operation,) and being duly * In the course of his life, the author never heard Mr. Van Schaack utter a word of complaint in regard to the treatment he had received in the Revolu tion. His own sufferings and privations were entirely lost sight of, in the satisfaction which he derived from the prosperity of his country, and in his devotion to the education of her youth. PETER VAN SCHAACK. 265 impressed with a sense of the precariousness of this transitory exist ence, do make this my last will :* First, I direct my just debts to be paid, and also my funeral charges, which, if I live to return to Amer ica, are to be at the discretion of my executors ; but if I die in England, I limit them to five pounds, because I will not suffer the generous regard of my friends, to demonstrate itself in this unavail ing and useless manner, nor a fund to be lessened, which stands appropriated to purposes infinitely dearer to me than any thing in life, the education and advancement of my children." In the autumn of 1780, while on a visit to his brother-in-law, Henry Cruger, at Bristol, he was alarmed by an attack upon the left eye, which had hitherto been sound. He thus records the circumstance in his Journal : " Sept 13th. Having for a few days past discovered symptoms of a cataract in my left eye, (the only one of wliich unfortunately I have had any use for four years and a half past !) I set out for London, in order to counteract so alarming»an attack. " 15th. Mr. Birch being out of town, I went to Mr. John Hunter, surgeon, Jermyn-street, who advised me to have recourse to electricity, and also to take ten grains of calcinet: mercur: divided into so many pills, one each evening on going to bed. Mr. Hunter's humane behavior to me merits my grateful remembrance, having most politely refused taking a fee from me, which I offered him both now and on a former occasion. " 19th. Mr. Birch, Essex-street, being returned, I resumed his electrical operations. ¦» " 21st. He cut a seton in the back part of my neck, which I pro posed and he approved of. N. B. The symptoms of the approach ing cataract were, first motes and flitting clouds passing before the eye, and afterwards a dimness, which makes the atmosphere appear hazy, print considerably diminished, insomuch as to require a magnifying glass to enable me to see characters as they appeared just before to the naked eye. " From the 16th to the 22d, no alteration or increase of the symptoms. " 23d. Having waited on several persons who had undergone surgical operations by Baron de Wenzel, I called on the Baron in 34 266 THE LIFE OF Sackville-street, and from what he told me would have submitted to his operation, if Mr. Hunter did not dissuade me. " 24th. Having stated my case to Mr. Hunter, he advised me against the operation, till I had made a further trial of the remedies I was in the use of. I told him of my determination to return to my native country in the spring, and that as the Baron was going away soon, I was on that account the more anxious. But as he told me he performed the operation himself, I told him I would wait as he advised, in which my friends, whom I consulted on the subject, confirmed me by their opinions. " Oct. 17th. I am rather apprehensive of an increase of the symptoms. " 19th. Mr. B. took the silk out of the seton in my neck." From this attack he seems to have been relieved, for a time at least. In the " resources of his mind" he found his greatest conso lation against the severe calamity which then threatened him, and which was realized some years after his return to America — a state of total blindness. The surrender of Lord Cornwallis's army at Yorktown, was the signal, in England, for the abandonment of the American war, which now exhibited, as has been said, the rare spectacle in history, of the capture, by one and the same party, in one and the same war, of two entire armies. From this period, the large majorities in the British Parliament, by which the strong measures of Lord North's administration had been sustained, rapidly diminished, and the ministry of which he was the head was soon after driven to a resignation. A few extracts from Mr. Van Schaack's diary and notes of debates in Parliament, will here be introduced. " Nov. 26, [1781,] arrived despatches of the surrender of Lord Cornwallis and his army, to the American and French troops at Yorktown, in Virginia. The capitulation signed 19th Oct., 1781. " Dec. 7th. Remonstrance of the city of London to the King. " 10th. Meeting at Westminster Hall, upon a summons from the Committee of Westminster, and a petition and remonstrance agreed to— one passage in which is in these words : ' Such of our brethren in America as were deluded by the promises of your Majesty's ministers, and the proclamations of your generals, have PETER VAN SCHAACK. 267 been surrendered by your Majesty's armies to the mercy of their enemies.' "Dec. 11th. The following resolutions were moved [in the House of Commons] by Sir Jas. Lowther, and seconded by Mr. Powis. ' 1. That it is the opinion of this House, that all the efforts of this country, either to protect her friends in the thirteen colonies of North America, or to frustrate the designs of her confederated enemies, have hitherto proved ineffectual. 2. That all attempts to reduce America by force to obedience to this country, would be prejudicial to the interests of England, and weaken her power to resist her ancient and natural enemies.' " Sir J. L. The country in a wretched state ; — Empire dismem bered ; — Fleets everywhere inferior ; — A stain which time could never wear out had been fixed upon the honor and faith of the na tion, by a most cruel article in the capitulation of Lord C. " Mr. Powis. Among supporters of Ministry were many gen tlemen of the most independent fortunes and independent minds in the kingdom. From what motives, or upon what principles, he could not so much as guess. Was it from experience of their abil ities ? the strength, or number of their allies ? or the knowledge they had of the resources of the country ? Mr. Gibbon's History of Decline of Rome. Valentinian III. Emperor Honorius. Reso lutions only say that America must not be the theatre of the war. " Lord North. Improper to continue an inland continental war in America, by marching armies through the Colonies. This in the present circumstances of affairs ought not to be carried on. Were we to give up all our posts in America, and totally withdraw our troops, or were we to preserve some posts ? He knew there were different opinions on that head. We have friends and subjects within our lines, who contribute to consume our manufactures and trade which would be injured by the loss of our posts. To keep troops without suffering them to act would be mere parade. If ministry had not stood supported by the independent country gen tlemen, their administration would long since have tumbled to the ground. This the terra firma of ministry. " Sir Flet. Norton. The noble lord's language differed from the speech from the Throne, which was to be considered as the speech of the cabinet. Not a shilling should be voted till they 268 THE LIFE OF had unequivocal proof that the American war, to which the coun try owed its ruin, was to be given up. " Mr. W. Ellis. If troops were once withdrawn from Amer ica, the forces of America would soon follow them to the West In dies, and the fall of those islands would be the consequence. " Mr. Calvert. Would our withdrawing the troops uncondi tionally, insure a like pacific disposition in the Americans. Would it not cement their union with their allies. " Sir Ed. Beering. Confidence in present ministers — they not the authors of American war. He dated it from passing Stamp Act — refused to accept an office for a friend from the then minister. He is one of the independent country-gentlemen who support Lord North — not a more virtuous character in the kingdom. The noble lord has not said too much, for the people now seem tired of the American war, and therefore he had done well in telling them that he did not mean to prosecute it as in last campaign. Present min isters, whigs. " Sir William Bolben (another country-gentleman). Resolu tions temperate, and look forward as they ought to do, and did not retrospect ; but the first contains a truth too melancholy to be sent into the world, and the second was premature. An army at all events necessary, and it must be voted before the executive power is directed not to employ it in America. Let gentlemen of both sides speak out ; if they wished to have the posts all given up, let them declare it openly — at present too general — the noble lord founded in his objection. " Colonel Barre. Estimates for the plantations were 6000 odd hundreds fewer soldiers, but the numbers for garrisons were 10,000 more ; and for the East Indies 9000. Navy had been stated at 92 ships of the line in , six less than last year. He would not say that New-York ought to be abandoned, though he might not think Rhode Island more proper. " Lord North. Were gentlemen disposed to go that length— of withdrawing the troops ? Were they ready to say New-York and its dependencies ought not to be kept, either as a post whence we might annoy the common enemy, and offer assistance to our West India Islands, or with a consideration of having something in our hands to make peace with ? Or might not Rhode Island be taken PETER VAN SCHAACK. 269 as a post in the ensuing summer, if found more convenient, more useful and more tenable ? Were their minds made up as to Charleston and Halifax ? " Lord Advocate said he would have voted against Lord North, if he had not been so explicit as to altering the mode of carrying on the war. "Lord George Germaine. Abandoning the American war would be a project weak, dangerous, and impracticable. Agreed with Lord North. Hopes of better success-^King's servants united. New-York and its dependencies necessary against the common enemy, as well as a place of rendezvous and station for a fleet nearer than Great Britain to the West Indies. Answers the com parison between New-York and Gibraltar. Long Island and Sta ten Island. Stores, &c, at New-York difficult to remove. He never would sign the instrument to give independence to America — that moment the British empire would be ruined. This nation never could exist as a great and powerful people unless the sove reign was sovereign of America. The moment the House resolved on independence he would withdraw. " Sir John Wrottelsly votes against Mo. in consequence of what fell from Lord North. Ministry had been imposed on touching the number of loyalists. "Division for the Mo., 179 " against it, 220 41. " Friday, Dec. 14. Upon the subject of the supplies, the argu ments were pretty near the same as on Sir J. Lowther's motion. " Capt. Lutterell. Ministers, except Secretary of American Department, awakened from their delirium by renouncing the idea of subjugation — not afraid to trust them now with force to procure an honorable peace — only with arms in our hands this can be done. Not so bad an opinion of maritime power of this country with proper management — armed neutrality, a cursed confederacy. "Mr. Rigby. He had always deemed the American war just and necessary, and had no doubt of its practicability. Indepen dence he did not like to give up, or to renounce the war until we should be first beaten. That day was now arrived, and he was tired of the war, because he saw it was no longer practicable. 270 THE LIFE OF Withdrawing troops from New-York he was afraid could not be done till we have a better navy. " Ministers ought to let the House know, whether they were both of the same mind (Lord N. and Lord G. G.) respecting the mode of carrying on the war. " Lord Nugent. Strange logic, to renounce the war and yet boggle at granting independence. There should be no hesitation to grant it. Other powers as much interested as G. B. against, independence. Fatal to Spain, who has not yet acknowledged it. The Dutch would be ruined, and supplanted as carriers. Northern Powers. " Gen. Conway. We should increase our navy, and make soldiers serve in the fleet, and to that end, to exercise them in working and fighting great guns. He had done so in Jersey. " The article of capitulation which gave up to halters and the merciless mercy of Congress, the companions of Lord C.'s arms, was a stain never to be worn out ; an act unparalleled in the an nals of the world. The abandoning of the Catalonians was no thing to it : for the latter were only abandoned to themselves : they had a town and strong works to defend them, though the allies had abandoned them. But the poor Americans, who had fought for us, bled for us, and been the companions of our arms, had been delivered up to gibbets and executioners. Lord C, if his men had not refused standing by them, would rather have per ished than capitulate upon terms, which, if he was not excused by extreme necessity, would have damned his reputation.* " Feb. 18th. Motion of Mr. Fox for a resolution that there has been great mismanagement in the navy — rejected. " 22d. Motion of Gen. Conway for an address to the King that he would discontinue the American war as impracticable- rejected, — 194 193 — majority 1. 387 " 27th. Another motion of Gen. Conway to the same purport carried — majority 19. "See Appendix J, for a sketch of a debate in the House of Lords, 4th Feb ruary, 1782, in regard to the execution of Col. Haynes, at Charleston. PETER VAN SCHAACK. 271 " March 8th. Motion of Lord J. Cavendish for an address for removal of his Majesty's ministers — rejected — majority 10. " March 20th. Lord North informed the House that the Min istry of this country was at an end, and that they only remained in office till his Majesty should appoint others. The House adjourned till Monday, the 25th. " March, 22d 1782. Nothing is more common than to find certain persons, who, upon every political event of importance, trace the completion of their predictions in it. These sybilline geniuses keep no record of their miscarriages, and when they are reminded of them explain them away. ' If it had not been for this, which was altogether improbable, or if that had been done, &c.' But, before they arrogate those superior powers of understanding, they ought to be able to show that they comprehended the whole extent of the subject, and that they made allowance for those cas ualties- which have produced their favorite events. It will be a lesson of humility and of further use, to preserve a diary of one's thoughts upon subjects of a political nature, and of his conjectures upon the probability of events before the issue is known. " The late changes here, occasion a variety of opinions as to what measures will be pursued with respect to America ; what effects they will produce upbn the minds of the people in that country, and whether the result will be a peace, and whether that peace will be a partial, or a general one : what kind of an alliance subsists between America and France, and whether the former is bound to carry on the war in conjunction with the latter, sup posing Great Britain acknowledges her independence. "The present topics of conversation arise from this question, What is now to be done ? For my part, 1 take it for granted, that the new administration will immediately apply to the several agents and ministers of the United States, who are at the different Courts in Europe, as well as to the Congress, with overtures for a peace, or truce, and will signify their readiness to accede to inde pendency, for the purpose of attaining a peace, and that to that end they will recognise and meet them as an independent power. I suppose this will bring about a Congress of Plenipotentiaries from the belligerent powers. Great Britain will then ratify to America the full object of her contest, and it is to be supposed 272 TH'E LIFE OF that will satisfy her. Should France insist upon holding America to a continuance of the war, it will then be known what the trea ties between the two powers are. If they are treaties of equality, America will then judge for herself what part she will take, actu ated on the one part by a sense of gratitude to her ally, and on the other by a desire of peace. Should her necessities have compell ed her to enter into partial stipulations in favor of France, which I do not believe, the latter will with a very ill grace insist upon them, or urge them as an obstacle to the very object America en- enlisted for, and that which France professed as the motive of her interference. " The idea of a partial negotiation with America is prepos terous, but a general Congress promises, I think, a general peace. " It is not improbable that the French and Americans hasje agreed upon the conquest of the West India Islands for their joint or separate benefit ; but this agreement must have a rational con struction, and can be only binding flagrante bellb. Preservation is one thing, Conquest another. An agreement with respect to the former is absolute, and all is to be risked by all the parties in favor of the one endangered ; but as to conquest, that can be bind ing no longer than while there is a reasonable prospect of success; and of this, America is as much a judge as her ally. I verily believe that the terms of agreement are ' terms of reciprocity ' and of equality, for, although the French may have had sinister views, I am clear in my opinion that they have not disclosed them as yet, and this I conclude from their enlarged and liberal conduct on other occasions. Their ambition does not descend to little advan tages. They sacrifice partial and great objects to those which are still greater and more comprehensive. " It is said, that it is manifest the French mean to have footing in America, of which they will not be dispossessed, by their hold ing Yorktown. But were they not called in by America? Did not a plenipotentiary extraordinary (Col. Laurens) go over to solicit an armament ; and are they to remain without fortifications for their own defence ? There is not a spark of evidence to prove, nor the shadow of a reason to conjecture, that it is not perfectly agreeable to Congress, and even that it is not at their request, that the French troops remain there. Nor are the Americans without manifest PETER VAN SCHAACK. 273 advantage from them, since it prevents the necessity of their raising troops of their own, and leaves their inhabitants at liberty to bestow their time on tillage, manufactures and commerce, as well as in ship-building and privateering. " The option, I fear, is between two extremes only, either to make a general peace, or to continue the war against France, America, Spain and Holland. The practicability of a separate peace I have no idea of. Administration have great difficulties : on the one hand, their favorable disposition to the Americans ; on the other, the power of the French marine. " March 25th, a new ministry, being a total change, the Lord Chancellor Thurloe only excepted." In the new arrangement, the Marquis of Rockingham was appointed first lord of the treasury, the Earl of Shelburne and Charles James Fox, secretaries of state ; the latter for the northern, and the former for the southern department, which last included the charge of American affairs. Mr. Burke held the office of pay master-general of the forces. The administration of the new ministry was of but short dura tion. s The Marquis of Rockingham died suddenly, on the first of July. On the fifth, a schism in the ministry was disclosed, and Mr. Fox and Mr. Burke resigned their respective stations, and were followed by nearly all their associates in office. The ostensive ground for this abrupt secession from the cabinet, was an alleged difference of opinion with Lord Shelburne on the question of Amer ican independence, but the real cause was believed to be political disappointment at the promotion of his lordship. Parliament met early in December, and the King's speech noticed the subject of the provisional articles of peace and acknowledging the indepen dence of the United States, which had been entered into with the American commissioners on the 30th November. The opposition to Lord Shelburne's administration was now composed of two factions, the one headed by Mr. Fox, and the other by Lord North, and the two branches of this motley associa tion, which subsequently formed the celebrated coalition, united in condemning the provisional articles of peace, though for different and contradictory reasons ; the real object of both being the over- 35 274 THE LIFE of turn of the Shelburne cabinet, in which they eventually succeeded, though in its consequences involving their own political destruction. In the discussions in the House of Commons growing out of this part of the speech from the throne, Mr. Fox undertook to redeem a public pledge which he had given in July previous, of disclosing the reasons for his resigning office at that time, alleging that it was because the Prime Minister instead of proposing the uncondi tional acknowledgment of American independence, had made it a term of peace with France. The Ex-minister's reasons were not satisfactory to the British public ; and it was probably upon this occasion, that Mr. Van Schaack entered the field of political discussion, to expose the inconsistencies of one of the greatest statesmen that has figured upon the pages of English history. " Questions proposed to a certain Ex-minister ' of distinguished abilities,' upon the subject of the independency of America, and the conduct of the said Ex-minister, and of Lord S — e, with respect to it. " When the new ministry came into power, the 25th March last, (a memorable day in the annals of this country,) was therej or was there not, at that time, some system with respect to Ameri can independence agreed upon in the cabinet, pursuant to the funda mental principles upon which that administration was formed ? " Was not the distribution of the great offices of state made agreeably to the arrangement settled among yourselves, and was not Lord Shelburne placed in the office of secretary of state for the southern department, and did not such his department compre hend the affairs of America, while yours, as the northern, was dis tinct from them ; and this agreeably to the arrangement settled among yourselves 1 " When Sir Guy Carlton sailed for America, on the 8th April) did his instructions, or did they not, contain a recognition of absolute unequivocal independence ? If they did not, how could you co-operate in, or accede to any measure short of this, or to any temporizing measures whatsoever ? If they did, how will you account for your subsequent charges against Lord S — ? " Did you not, on the 1st July last, declare in the House, that you would not have come into office, if independence had not been PETER VAN SCHAACK. 275 agreed upon ? And did you not, the next day, declare, in answer to Sir George Saville, that all his Majesty's ministers were unani mous upon this point, and that no change of circumstance, not even the stroke of Providence (of which there was so melancholy an instance in the death of the noble marquis) could prevent the sur viving members of this cabinet from adhering to this principle? " Was not this declaration made, to obviate Sir George Saville's objections to the bill for compelling persons holding offices in the West Indies and America, to reside there ; the objections of the honest baronet being founded upon the jealousies which he sup posed the Americans would entertain from that bill, as if their in dependence was not intended to be acknowledged, and the rather (as he urged) because Lord Shelburne was generally thought to be against independence ? " Did you not at that time declare, ' that the noble lord, of whom every body thought highly,' meaning Lord S., had from the necessity of the case become a proselyte to independence, and had even brought his Majesty to think favorably of it likewise ? " Notwithstanding all this, did you not, on the 9th July, one week after the above, declare that the then premier (the said noble lord, of whom every one thought highly, meaning) ' was hostile to the principles of Lord Rockingham's administration ; that you had quitted the cabinet because a national question had been carried against you ; that there was no design in the cabinet to acknowledge unconditional independence ; that Lord North's prin ciples already existed there, and that you expected his adherents again introduced into it ?' " Was it not a strange phcenomenon, that while you was hold ing this language, concerning a noble lord, of whom the week before ' every body thought highly,' the gazettes were filled with addresses to the King, thanking his Majesty for taking into his councils, men who had the confidence of the people ? " Can you reconcile these seeming contradictions, and will you, the man of the people, account to the people, why, if the point of independence was not settled to your mind, you could remain in office from the 25th March to the 24th June, (I will allow you a week before the marquis's death, when, according to your own account, you first proposed your material question,) with ' a man 276 THE LIFE OF hostile to the noble marquis's principles,' and without once propos ing the aforesaid material question, founded, not upon ' a shade of difference, but upon the important point of peace or war ?' " Would the noble marquis have come into office, or remained in it till his death, with a man hostile to his principles, upon the cardinal point of the independence of America, and would he have covenanted, that this very man should be placed in that very de partment? Would Cato suffer Cataline to become a consul? or would Cato have taken Cataline for his colleague, as Mr. Pitt well observed ? " Did not Sir Guy Carlton and Admiral Digby, in a letter to Gen. Washington, published at New-York the 2d August, declare that ' his Majesty's commissioner at Paris, was authorized to pro pose independence in the first instance, and not to make it the condition of a general peace ?' "Was not this letter of 2d August written in consequence of despatches sent from hence in the middle of June last, and were not the instructions to the commissioner at Paris, agreed upon and sent to him while you was in the Cabinet ? " Did you not declare at the Westminster meeting, that ' while the Duke of Richmond remained in office, you would have a secu rity that no wrong measures would be adopted ;' and is not the Duke still in office, and have you not lately taken pains spargere voces ambiguas, and to create suspicions of the integrity of the whole present administration, for is not an attack upon the prime minister, an attack upon all who continue to act with him ? " Have not the Duke of Richmond, and the other colleagues of Lord S. repeatedly declared, that he faithfully adheres to the prin ciples of the administration of 25th March, and that when he ceases to do so, they will forsake him ? " In balancing the evidence, therefore, for and against Lord Shelburne's fidelity and sincerity, shall we suffer the vague charges of one or two discontented individuals, to preponderate against the testimony of such distinguished characters, as those who remain in office with his lordship ? " You and your associates, having been among the ins as well as the outs, know how much easier it is, by weak arguments to attack and embarrass the best system of administration, than by the PETER VAN SCHAACK. 277 strongest, to defend it against the cavils of faction ; and he has told the public (the 14th June) what a great difference there is between theory and practice. But he measures the conduct of others, by the rigid rules of theoretic perfection, and defends his own, by the loose doctrines of practical expedience."* * The signature assumed was probably " Candor.'' This was not the only communication from Mr. Van Schaack's pen in regard to the ex-minis ter, as is evident from the following vestige of another of his manuscripts, which evidently preceded the one in the text : " I have ventured thus to declare my sentiments on an important sub ject, in the plain unvarnished language of common sense. With those who study the elegance of style more than the solidity of argument, and who would sacrifice truth itself to a well turned period, or a brilliant expression, I shall never enter into competition. The conduct of administration on the present important occasion appears to me so perfectly defensible, upon every principle of national policy, that in my opinion they merit the public ap plause in a most eminent degree. No discrimination should be made ; the merit is due to the whole cabinet of the 25th March last. It was the basis upon which that administration came into power ; and as some people are weak enough to believe, that Mr. Fox seceded because he was overruled when this measure was proposed, I shall, in a few days, publish certain facts and dates, which will evidently show that this was not the true cause of his abrupt secession, and that it really was, as Gen. Conway observed, occa sioned only by a " shade of difference." 278 THE LIFE OF CHAPTER XIII. One of the most interesting features in the character of Peter Van Schaack, was his fondness for youth. This trait in his char acter displayed itself, in an uncommon degree, at an early age. In a letter from London, he says : " My room is in holiday times filled with the children of persons with whom I have but slight connec tions, and the repetition of their visits convinces me, that my be havior must be an indication of the feelings of my heart." This partiality for children, while it shows the amiableness of his dispo sition, was coupled with a devotion to the mental culture of the rising generation which could not be surpassed. In the summer of 1782, a young lad,* a nephew of Mr. Van Schaack, was sent to England by his parents, who resided in America, to be educated ; and he was committed to Mr. Van Schaack's superintendence. Upon the sudden and melancholy death of his parents shortly afterwards, and within a few days of each other, the guardianship of the young gentleman devolved upon the subject of this sketch, by whom he was placed in a gram mar-school at Twickenham, a village situated about a dozen miles from London. As Mr. Van Schaack spent most of his time in the metropolis, his propinquity to his orphan ward gave him frequent opportunities of personal interviews, which he improved to advance his young friend in his studies, and in the cultivation of the amiable qualities of the heart, evincing a conscientious regard for the faith ful performance of the trust which had devolved upon him under such melancholy circumstances. In the intervals of their separa tion, he corresponded with his young friend, by whom his letters were carefully preserved. This correspondence so beautifully illustrates Mr. Van Schaack's mode of intercourse with his young * Henry Walton, Esquire, of Saratoga Springs. PETER VAN SCHAACK. 279 students, as well as his scholarship, that no apology can be neces sary for placing a part of it in this work; especially when it is considered that the instruction of youth employed a great share of his time, during the last thirty years of his life. TO H W . My dear Harry : I have been so engaged with writing and other matters of business, that I have not been able to give you a single line, or to pay you a visit ; but I hope to see you at Twickenham on Satur day, but should that fail, be assured I shall be with you early in the next week. I wish you had told me what books you were directed to read, and how you have found the air of Twickenham agree with you. Every thing must appear new and strange to you as yet, but I hope you will' soon find yourself perfectly happy in your situation. It is for your own good, my dear boy, and you must not repine. When you are grown up, you will remember with pleasure the days of your schooling ; and you must not forget what joy it will afford your tender parents, to hear that you are making progress in your studies. Don't neglect your grammar. Concord and gov ernment you know are the great points you must attend to, other wise your writing, speaking and translating will be only rudis, indigestaque moles, quam dixere chaos. Have you been at Tiddington ? If not, you ought to pay Mr. Franks an early visit ; but if I see you, as I firmly expect, on Sat urday, we will, with Mr. Stretch's permission, go together. Your friends at Isleworth must also have your grateful attention for their civility. You should make a memorandum of every thing you have to say to me, that nothing may be forgotten. Present my respectful compliments to Mr. Stretch and the ladies. Believe me always, my dear Harry, Your affectionate uncle, Thursday, 5th Sept., 1782. Peter Van Schaack. TO H W . My dear Harry : I set out for Bristol to-morrow, so that I shall not have the 280 THE life of pleasure of seeing you for at least a fortnight ; but I shall expect to hear from you next week. Direct for me at Henry Cruger's, Esq., Bristol. Write a long letter, if you find it agreeable, and tell me every particular about your health, your studies and your amusements. I hope you are happy in your situation ; but, my dear Harry, we cannot have every thing to our mind. We must put up with many inconveniences in every condition of life. No one is free from care, trouble and affliction of some kind or another. We must be thankful for the benefits we enjoy, and be patient under adversity. I had no letter from your papa by the last vessel, which I believe was owing to the indisposition of your mamma. He himself was also unwell. I hope we shall have more pleasing accounts by the next conveyance. All your friends inquire kindly after you. God bless you, my dear Harry, and believe me to be Your most affectionate uncle and friend, Friday, 13th Sept., 1182. P. V. S. You should not inclose your letters, because that doubles the postage. Here is economy for you, Harry. TO H W . My dear Harry : I arrived in town in time for dinner, though I walked all the way, and paid several visits along the road. No letter from Bris tol as yet, but if your uncle does not come up to-morrow, or inform me that he will be in town in a few days, I shall propose your coming about next Tuesday. However, this I will leave to your own choice. You inquired about your sisters, my dear Harry. They are well and every care is taken of them. I should not be surprised if your aunt Cruger brought one or two, perhaps all three, over here. ' Be assured that you all have friends who will take care of you ; and as for you, my dearest Harry, I shall consider you as more par ticularly under my care. My own son, much as I love him, shall not have more of my attention, and your happiness it shall be my constant object to promote. I hope you consider me as your friend, and be assured you will never find any change in me. From my early youth I never yet have lost the friendship of any PETER VAN SCHAACK. 281 one, and even those who took the opposite side in the public trou bles of our own country, have assured me of the continuance of their personal regard. Notwithstanding the difference of our years, you must be free and unreserved with me, and tell me every wish of your heart. Don't be afraid to speak out, and write to me as freely as you would to one of your companions. I hope you will keep up the correspondence you told me you had begun with one of your fellow students. It will be entertain ing and improving — utile cum dulci. Pray do I write plain enough for you ? Tell me if I do not, and I will endeavor to do better. Present my most respectful com pliments to Mr. Stretch, and the young ladies, whose kindness to you I shall never forget. Adieu ! my dear boy, and believe me always, Your affectionate uncle and friend, 10th October, 1782. P. V. S. Upon recollection, I find that I very generously took back the half crown I gave you. TO H W . My dear Boy : Every evening this week have I expected a letter from you, but I do not find fault, because I feel some reproaches of conscience at my own silence ; that is, I feel a little as you did when you slept you know where, and when the young gentleman did not do quite as he ought to have done towards the old gentleman. But old gentlemen are very forgiving, and young ones ought to improve and mend their ways. I hope, my dear Harry, you have exactly the same excuse for your silence as I have for mine ; that is, a great deal of business, as I assure you, upon my honor, that I have had ever since you left me. I can now hardly hold my pen, as you will judge by my manner of writing, but I cannot bear the thought of your being one moment in doubt of my attention to you. Never will you find me otherwise than your warm friend, though often grave and thoughtful, and sometimes a little cross or so, and the like. Our friends at New- York were well, your sweet little sisters in particular. We expect a fleet soon, and I hope many letters, and I am not without some expectation of seeing your uncle, the Col., and your aunt. 36 282 THE LIFE OF Uncle Bristol is in town, and has been for several days, and yet we have not seen each other but twice, he being also very busy. He begged his love to you when I wrote. Let me hear from you soon, and present my most respectful compliments to Mr. Stretch and the ladies. God bless you, my dear boy. Yours ever, Friday, 22d Nov., 1782. P. V. Schaack. What book and what line in Virgil are you now at? TO H W . My dear Harry: I have been going to see you almost every day since last Thursday, but have been prevented by indispensable business. When I see you, I will tell you at least in part what this business has been. To-day I must be at 'Change, to-morrow is packet-day, and on Thursday you know is the meeting of Parliament, when we shall have the great and important point decided, whether the war is to continue or peace is to take place. I dare say you join me in praying for the latter. Suppose you should come to town on Thursday morning for a day or two, when you will see the parade of the King's going to the House of Lords. I could, I believe, get you in to hear the speech from the throne, but it would be too much crowded. However, you shall see both Houses of Parlia^ ment. If you have the least inclination, my dear boy, I beg you will present my compliments to Mr. Stretch, and beg in my name, that he will permit you to come to town. Take a coach from Picadilly. Your uncle has intended to go to see you, but is like me confined to the town. When do your holidays commence ? Let me hear from you, and how you are, if you do not come to town. My best compliments to Mr. Stretch and the ladies, and believe me, my dear boy, Your truly affectionate uncle and friend, Tuesday, 11 o'clock A. M., 3d Bee, 1782. P. V. S. TO H W . My dear Boy: I ask ybu .a thousand pardons for my late silence. Your fine, sprightly letters merited a better return, and your request for cash PETER VAN SCHAACK. 283 an earlier compliance. I am so pleased with the accounts I receive of your cheerful, manly behavior, and of your erect car riage, that I will deny you nothing. Continue to go on in this laudable way, and my friendship for you will, if possible, daily increase. I shall have great pleasure in contributing to the enlargement of your mind. " Delightful task to rear the tender plant, to teach the young idea how to shoot, to form the youthful mind," &c. This is from Thomson, to whose tender heart I am willing to believe yours has great resemblance. But to enable me to assist you, you must write without restraint, and lay open your whole mind to my view. Believe me, I have not forgotten the time when I was young, and will make the most liberal allowances for every thing, but the vices of youth. I have conversed an hour with Mrs. Drinkwater about you. Your red cape I am afraid must be taken off, or the poor nymphs will be in danger of their little hearts. As you are powerful, you must be merciful, and take care of your own heart, too. Nunc "scio quid sit amor. Duris in cotibus, &c. 8 Eclog. 43. Your friends in New-York are all well, and your uncle Gerard and my brother desire their most affectionate wishes. You should write to the former, and I wish you would write once more to your cousin Harry, though he does not deserve it — but do it for my sake. You say nothing of your studies. Omne tulit punctum qui miscuit utile cum dulci. 'Tis in Horace. Apropos : Do you know how to find out what part of the book it is in ? Mr. Stretch will show you the method, and it will serve you upon other occasions. A little dash of Latin once in a way, will be very acceptable. I have a plan in view for you next spring which I shall communicate when I see you. Your opinion will have great weight with me, I assure you. Treat me with confidence, and without reserve, and you will make me happy. God bless you, my dear boy ! Yours, ever, 30th Nov., 1783. P. V. S. My friend Mr. De Peyster is, thank God, much better. He is one of the most excellent of men. Poor Jacob has been in a pack of troubles, and among others 284 THE LIFE OF has had a quarrel with John, which will cause his removing from Mr. S.'s. Suppose you was to write a letter to them both, recom mending a reconciliation. We are all subject to passion, and therefore to give offence ; but we should not harbor resentment, and therefore should -forgive. In most quarrels, both sides are more or less in fault. " To err is human, to forgive divine." Humanum est errare et nescire, ens entium, miserere mei ! This idea should be always present to us, and as somebody says, " anger was not made for such a frail being as man is." Improve these hints, and act the part of a mediator. Tell them you have heard of the quarrel from your uncle. You will excuse this scrawl, my pen having been in want of more mending than my poor eyes enabled me to give it. Perhaps you will criticise the composition of my letter, too, which I give you leave to do, and promise not to be offended, but rather will thank you for it. Tell me where I am incorrect, where the sen tences are unconnected, and where my meaning is obscure, or my quotations inapplicable, &c, et eris mihi magnus Apollo. TO H — .r- W- My dear Harry : I thank you for your letter, which I answer with the more plea sure, as I can inform you of the welfare of your friends, particu larly of the sweet little girls. Your uncle and aunt here are of opinion you should learn to •dance ; neque tu choreas sperne, puer ; so says Horace you know, and to these three opinions I will add my consent as the fourth. You don't tell me one word about your old friends, Virgil and Ovid ; don't let the parler Francois shove these respectable and venerable ancients out of your mind. How goes on the grammar? You may as well cut off your right leg and attempt to dance a minuet la cour, as to think of understanding either Latin or French without this necessary help. Get all you can, but don't forget what you have acquired. I hope Mr. Stretch has escaped from the rioters at Portsmouth, and I dare say when you heard of this mob, you immediately turned to the 1st Book of the iEneid for Virgil's description of one. PETER VAN SCHAACK. 285 Ac veluti magno in populo cum scepe coorta est Seditio, sasvitque animis ignobile vulgus ; Jamque faces et saxa volant. Furor arma ministrat. I am sure you would be displeased with me, if I was to tell you that this is at the 152d line, so don't take notice that I have mentioned it, for I dare say you have it by heart, as well as the beautiful lines following — turn forte, &c. As we are now soon to enjoy the blessings of peace, what pretty sentiments can you give me of your own, or what quotations from authors, upon such a happy event ? While you consider the gen eral benefits of it, you will however not fail of pitying our unhappy countrymen, who are banished and deprived of their property. Pon't you think they may say — N08 patrite fines et dulcia linquimus arva , Nos patriam fugimus To-morrow evening I go to see Mrs. Siddons, with a party who have taken a box. I wish you could be with us, but as this can't be, you'll say I only teaze and tantalize you. Apropos : Do you know the derivation of the word tantalize? It is from Tantalus, whose history you may look for among the proper names in your dictionary. If you knew how late it is, and how fatigued I am, you would say, uncle you are too good to write so long a letter to such a little fellow as I am. Thank you, Harry, so good night. Yours most affectionately, Wednesday night, 5th Feb., 1783. P. V. S. TO H W . London, 28th Feb., 1783. Last night, my dear boy, I received your letter, and thank you for it. I am sorry you should have any cause to charge either me or yourself with neglect. I hope we have too much friendship and regard for each other, ever to slight one another. On my part, be assured, that when I do not write so often as you may expect, it is owing to my being taken up with business, and that business, my dear Harry, often concerns you and your sisters, as well as my self and your cousins. Apropos : Suppose you was to write a few 286 THE LIFE OF lines to your kinsman Harry, at Kinderhook? I expect some vessels will soon sail for America^ Your uncle intends going out in April. You do not mention your having been indisposed, and yet I fear this has been the case by your taking medicine ; write to me on this subject, and let me know whether you haveany reason to sus pect that the air of Twickenham does not agree with you. Be free on the subject, for I know you will not be whimsical. How are the boys in general as to health ? Are there any whose con stitutions resemble yours, and how does their situation affect them? You say in the P. S., " My courage is out." Pray, my dear Harry, explain what you mean by this immediately, as it has given me uneasiness. Whenever any thing dwells upon your mind, you must speak out. Am I not your friend as well as your uncle ? and though I may sometimes be a little peevish, (which you know is not uncommon with old gentlemen,) yet, be assured you have not a friend in the world, who loves you more sincerely and would do more to make you happy. How do you come on era Francois ? What book of Virgil and , Ovid are you now reading ? Who was the man who was turned into an olive tree ? Tell me a little about that. The olive branch you know is the emblem of peace. I will not lengthen my letter for fear of tiring you ; and will only add that if you get this to night, I wish you would let me have a line by to-morrow's post, concerning your health and your COURAGE. My respects to Mr. S. and the ladies. Yours most affectionately, Friday. P. V. Schaack. TO H w- Dear Harry : " My courage is out," as says in the Beggar's Opera. If you had expressed yourself in this manner, I should not have been uneasy. Your simile is pretty, and tranquillity was the proper word where you placed it, and well spelled. Some of your words are not quite so right as to orthography. You have mistaken proscrip tion for prescription— suspicion for suspicion — of for off— presant PETER VAN SCHAACK. 287 for present — oppera for opera — reco/ect for recollect — freznds for friends — attend to all these in future. I just called at your uncle's but he was out ; not out of his courage I hope, but out of his lodgings. I will desire Mr. Stretch to give you some fresh courage. I promise myself the pleasure of soon seeing you, but cannot say precisely when it will be. Tell me a little about Apulus, for I do not remember the gentleman. The ships for New- York will sail in about a month, as it is supposed, so that you may write when you are at leisure. How do you like Mr. Stretch's book ? , Do you think it would please and instruct your cousin Harry ? Are there any passages that have given you particular pleasure ? If so, just tell me one or two of them, in as few words, or as many, as you find agreeable ? What parts of Virgil and Ovid are you now in ? Try to give me a little dash in every letter — verbum sat — sapienti — for is not your uncle, sapiens vir ? I have ordered a set of books to be given to the boy in the Kinderhook academy, who shall compose the best exercise upon the blessings of peace, either in . prose or in poetry. I wish some rich man would do the same thing in your academy. If you have any poets among you, try to get them to make an ode to peace — but propose it as coming from yourself. Present my most res pectful compliments to Mr. Stretch and the ladies, and believe me, my dearest boy, to be Your truly affectionate uncle and friend, Peter Van Schaack. TO H W . My dear Boy : Your last letter is by far the best I ever received from you, and on that account has given me very great pleasure. You can't imagine how much it will improve you, if you pursue this method ; attention is the thing that will enable you to surmount all difficulties. I thank you for the story of Apulus, and when I see the poet, I will put your question to him about the situation of the cave ; but perhaps the nymphs might take offence at such an inquiry and turn you and me into wild olive trees, which I am not yet prepar- 288 THE LIFE OF ed for — are you ? You see these ladies are terrible beings when they are insulted — tanteene animis ccelestibus irce 1 I wish you had given me a little sketch of the simile in Virgil, as well as of the fable in Ovid — one Latin sentence at least, should now and then embellish your letters. Perhaps you are afraid of being thought pedantic, but of this, between you and me, there is no danger. Write to me just as freely as you would to one of your companions, and lay all restraint on account of the difference of our years, aside. I was much pleased with the beginning of your letter ; some people think, they ought never to write a letter without some hackneyed* expression at the beginning of it of this sort — " I now sit down to write you, and hope these few-dines- will find you well as I am at this present writing," or " I received your ';letter, and am glad you was well," &c. &c. — and then the conclu sion — "so no more at present," and the like. I intended to have scribbled this sheet full, but have been so often interrupted, that I will confine myself to a few subjects. How is your health, and have you got the better of your cold ? Your uncle is gone out of town, but returns in a fortnight with Mrs, C. Both of them always inquire kindly after you, and send you their love. I think you should write one or other of them, and return them thanks for their civilities, and you may apologize for not doing it sooner, as you expected them at Twickenham. The ships for New- York are nearly ready, and therefore you have no time to ¦ lose, but don't write in a hurry. Pray write to your cousin at Kinderhook, and desire him to let you know the rules and regula tions of the academy, how he disposes of his time, how many scholars they have, and any thing else you like. Wish him joy oh the peace. I am in haste, but always, with my best compliments to the ladies, my dear Harry, Your affectionate friend, No. 23 Church-st., Soho, { p. V. S. llth-18lh March, 1183. * You know the derivation of this word, which I use with great propriety now, and the more so on account of a late letter I had from Hackney, you can .guess from whom. Verbum sat. PETER VAN SCHAACK. 289 TO H W . Dear Harry : I have before told you that I was surprised at your telling me you intended coming to town on Friday last, because when you left me but a few days before, you did not say a syllable on the subject, which you had an opportunity of doing, when I told you of my intention of letting you come for a day or two, when the ex hibition opened. Reflect how very lately you have been in town, and if you think it a little hard to be at school, while your compan ions are at play, consider that you was from the school when they were at their studies. Fatis contraria fata rependens, (Virgil, 1 M. 243,) — that is, you must take the bitter with the sweet. Be sides, the country is now so delightful, that it will be much better for your health, than the smoky, noisy town. You conclude your letter, "I am in great hast." Now, Harry, there is not in the English language such a word as hast; you must therefore have omitted some letter — what was it ? Was it an a or an e ? If the first, then it will make the Latin word hasta, which is, I believe, a spear. The sentence then will be, " Dear uncle, I am in a great spear. Yours affectionately." But if you meant to have added the letter e, then it will be, " I am in great haste," that is, hurry. Now letters written in a hurry, are very seldom cleverly done; however, the way you have spelled the word, proves you was in a hurry, for you had not time even to write the word out, although it contains but five letters. But to be serious, let me hear from you soon, and don't write in haste, but tell me what your wishes are, and what your plan is about spending the next week, and be assured I will comply with them, as far as I can with a prudent regard to all circumstances. It is not my intention to thwart you, or to interfere with your innocent amusements. Your happiness is near my heart, and, be assured, I consult it in all I do towards you. Present my most respectful compliments to Mr. Stretch, (to whom I would have written if I had not been indisposed,) and to the ladies. Yours most sincerely, 19th April, 1783. P. V. Schaack. 37 290 THE LIFE OF TO H W . My dear Harry : I did not receive your letter last night till after the post hour, or I would have answered it immediately, as I would not keep you a moment in suspense about my being satisfied with your apology, which I am most perfectly. We are all liable to errors, but a can did ingenuous acknowledgment should atone for them. Believe me, my dear boy, it is painful to me ever to find fault with you, but my love for you, and the duty I owe you as a guardian, will compel me to perform this task, when I think it necessary. When you grow up, I hope you will be convinced, by the conduct I shall observe towards you, that I have been your friend, a name which should be held sacred. I will now beg your pardon for making so free with your letter as to criticise and to play upon some of the expressions; as there is no displeasure, I hope you will laugh at it. I am almost ashamed to think how often I am obliged to change my intention of paying a visit to Mr. Stretch's agreeable family, but you know, my dear Harry, how much I am taken up with the concerns of others ; but as we must not live merely for ourselves in society, it is a duty upon us to devote part of our time to our friends. It is a pleasing circumstance when we can make ourselves useful to others. I fully intended to have spent this week in the country, but I fear it will be out of my power. I hope you walk about a good deal. I shall soon write to you again, and you must excuse my present haste, which is always pardonable when there is a good reason for it, but never else. My respectful compliments to Mr. S. and the ladies. I am, . most truly, Your affectionate uncle and friend, 22d April, 1783. p. y. Schaack. TO H W- My dear Harry : I heard with much concern of your headache, and your long silence since has increased my uneasiness. Indeed I did not de- PETER VAN SCHAACK. 291 serve another letter from you, the first being unanswered, but Ja cob tells me he has not heard from you since you mentioned your indisposition. I will not attempt to justify myself against your criticism, and shall be happy that you will continue to point out my errors. This will be acting that friendly part by me, which I do towards you and the rest of my friends, old and young, at least the sensible ones. A fool cannot bear reproof. Were I disposed to prevaricate, or to twistify, I would remind you that I said it was a general remark that Virgil never, but upon one occasion, gave any other epithet than pius to the hero of his admirable* poem, and that the instance you mention does not dis prove the remark. It was only in somnis that he appeared ferus, and dreams you know ought to be taken the contrary way. It was only to Bido that he seemed ferus, and this whilst she was in a state of frenzy. However, as I said before, I submit to your re mark, which I hope will be a prelude to others as occasions offer in the course of your reading. But, while I freely decline palliat ing my mistakes, let us not forget to observe the propriety of our amiable poet, who uses everywhere such expressions only as are adapted to the occasion. Will you pardon me, and pray do not think it is by way of retaliation, that I think you are too general in your remark that there is no belief in man. Don't think too meanly of your fellow creatures : but I suppose you mean there is no infallibility in man ; so far I agree with you, and I would not have you trust to any man's opinion, unless it is approved by your own judgment. I am happy to hear that our dear little Nancy is well. Kiss her for me. Her aunt has expected to hear from her ; and, by the way, you ought either to write to your uncle, or to mention both your uncle and aunt by name, instead of including them under the general description of ail friends. Your most affectionate uncle and friend, 28th April, 1783. P. V. S. TO H W . My dear Harry : I thank you very sincerely for your two obliging letters, and I * By the by) the Mneid is an Epic poem. 292 THE LIFE OF beseech your pardon for my seeming inattention to the first. Your politeness is such, that I shall not be able upon any account what ever to resist your invitation any longer ; it would be cruel in me to let Twickenham languish for want of my presence ; and you may assure the withering plants and drooping fiowers, that I shall soon come to enliven them. I never received a more delicate com pliment in my life, than that in your last letter ; it would be a fine subject for a little poem. Suppose you were to make an attempt — perhaps the muses, the sacred nine, would inspire you. Twicken ham has been the residence of the muses, you know, in Mr. Pope's day, and who knows whether they would not adopt you as one of their favorites ? Young gentlemen have a proper idea of the beauties of the country in this charming season, but I wish they would sometimes take a line or two from the authors they read, the Latin ones especially. For instance, what think you of these lines ? Nunc omnis ager, nunc omnis parturit arbos Nunc frondent Sylvce, nunc formosissimus annus. If you will find me two prettier lines, era mihi magnus Apollo. ' I hope you walk and jump at a great rate. Keep your head up, extend your arms, open your chest, breathe free, speak loud, (n. b. not in company,) &c, &c. In short, I expect great things of you when I see you, so don't disappoint me. Prenez Garde. Farewell, my dearest boy, and believe me always, whether cross or in good humor, Your true friend, 1th May, 1783. p. y. S. TO H W; . London, 9th Sept., 1783. My dear Harry : I thank you for your letters, and am much pleased with your quotation. I did not experience the violence of the storm where I was, though it was severe enough there. After I left you, I fell in with some friends at Mortlake, whom I accompanied into Kent, where I staid till Monday. By the by, I returned very sick, in consequence of eating too much fruit. Mind that, and take warn ing when you get into Mr. F.'s garden. PETER VAN SCHAACK. 293 I am sorry, my dear Harry, that I am obliged so often to be the bearer of bad news to you. Your sister Ellen I am under great anxiety about. She had taken the measles, which left a great weakness that was very threatening, and she was gone to try a change of air when your uncle Gerard wrote to me, in July. You must prepare your mind for the worst. God's will be done, and we must submit. You have had severe trials ; so have I, my dear boy, but time and patience will enable us to bear all our mis fortunes, and as Providence is all-wise and all-good, we may be sure that whatever happens is for our own welfare, though we cannot perceive it at present. We shall all meet in a better world, never to part again. Reflect upon these things, my dear Harry, and be resigned. Believe me always your most affectionate uncle and friend, P. V. S. TO H W . Dear Harry: I am always pleased when you put a question to me, either upon a point of learning, or of propriety of conduct or principle, and I am the more pleased when you give me your own sentiments. I would wish to encourage you to use the utmost freedom with me on these occasions, for though there is a certain degree of deference , due to those who are older, and have had more experience, yet I would not have you take any opinion or tenet upon the mere ipse dixit of any man whatsoever. I perfectly agree with you that friendship is preferable to relationship ; so far as our regard and esteem are concerned — these are seated in the heart, and are the tribute due to merit alone. But there are external marks of re spect, which we are bound to pay to those whom nature has con nected us with, independent of their merit. But when we find merit united with relationship, we owe a peculiar degree of atten tion to the person answering this description. I will not apply these principles to the case you mention, but leave you to think once more of what I suggested, the propriety of which J am most perfectly convinced of, but shall be ready to hear your sentiments upon further reflection. " Do as you would be done by," is one of the most admirable rules in the world. Suppose the case reversed, 294 THE LIFE OF suppose your uncle Gerard in his letters to me, desired his love to all friends without mentioning you ; would you not think yourself a little slighted, and would he be justified in saying in his vindica tion, what you say in yours ? I assure you, my friend Harry, I would give judgment against him. Do you know what I mean by ipse dixit ? It was an expres sion made use of by the disciples of an ancient philosopher,* whom they supposed infallible, and therefore whenever any of them had a dispute upon any question of philosophy, or literature, the one that could quote this philosopher's saying upon the point, would cry out with exultation, ipse dixit — " He has said it," and this put an end to the argument without further discussion. What a de basement of the human mind were these students guilty of, and what overbearing arrogance in the master ! I fancy this will illustrate your idea in your preceding letter. — We call this, " pin ning our faith upon another's sleeve." I hope I do not puzzle or tire you with my remarks. I some times use hard words on purpose to make you turn to your diction ary, and thereby to enable you to enrich your language. To have only one set of words and expressions upon all occasions, is like always wearing the same clothes. A copia verborum resembles a well-stored wardrobe, and an injudicious selection of words, not adapted to the subject we are upon, to the particular occasion, or to the person we address ourselves to, is as absurd as it would be to go into Cheapside in a full dress at a Lord Mayor's show, and into a drawing-room in a flopped hat and boots. My respects to Mr. S. and the ladies, and love to Nancy. Yours ever, 23d Feb., 1784. P. V. Schaack. TO H W My dear Harry : By the by, I wish you could contrive to get blacker ink, for the sake of my poor eyes. I approve much of your riding on horseback, and you will pre sent my best compliments to Mr. Stretch, and request the favor of * Ask Mr. Stretch what his name is. PETER VAN SCHAACK. 295 him to speak to the master of the stables and make the best bar gain he can. Good temper in a horse is as necessary as it is agree able in a companion, and horses as well as men have their vices. You will shun both, but with this difference, that though you may cross a vicious man, you ought not to cross a vicious horse. The appearance and make of the animal, or even his gait, (provided he is sure-footed, which is a sine qua non,) are also circumstances not to be regarded — the graces may in this case be dispensed with. Mind that you sit erect, en cavalier. When your Rosinante is fixed upon, let me know, and give a description of him either by your pen or pencil, for you are competent to both. The old philosopher, I believe, was Aristotle, (or as he is called by some low female character in a play, Harry Stottle,) but I am really not positive. Whether it was he or not, it will be well for you to look into your dictionary for an account, short as it is, of him. He is often called the Stagyrite, from the name of the place of his nativity. He was a man of amazing abilities, and one of those whom Pope describes as holding a conspicuous place in the temple of fame — I read it to you. Ybu say you will think before you speak. Don't act upon the reserve with me. It will be no disgrace to you to be set right by your uncle and friend. Do not check yourself, but express your thoughts freely. If they are exceptionable, you do yourself honor to confess your errors. Humanum est errare et nescire. If you never utter a sentiment for fear of being wrong, you will cramp your faculties. A ship should have sails,* as well as ballast,f and a compass.! I cannot at present descant upon this. Your cousin is confined, as I suppose he has told you, by a cut in his lip. I am sorry for the manner in which he got it ; and as it is an invariable rule with me, to deal candidly with my young friends, and to give praise and blame, as the one or the other is de served, I have freely expressed my displeasure. This is inter nos. A rap at the door. I am your truly affectionate uncle, 3d March, 1784. P. V. S. * Imagination. -f Judgment, discretion. { Reason. 296 THE life of TO H W . My dear Harry : I was extremely pleased with your letter, because the reason you assign for not being at school punctually, is a good one. I would not for the world you had given so bad a one as I feared you would, and I ask your pardon for harboring such a suspicion : but my anxiety that you should, upon all occasions, act up to the principles of honor, candor and good sense, must be my apology. I will do by you, as I would wish a friend to do by my son in my absence, and that ybu will allow is a good rule. If I ever violate this rule, I should be glad to have it pointed out, and you will find me open to conviction. Let me know how you are going on in your literary travels. What stages have you put up at lately, and who were your com pany, and what your bill of fare ? You must have made a num ber of military acquaintances since you visited Troy. Tell me which of them are your favorites ; or have you quitted the din of arms to accompany the sage Ulysses and the affectionate Tele- machus ? Qui mores hominum multorum, Et urbes, viderunt. Hor. Write me a long letter when you are in a humor for it, but not till then. In the utmost haste I write, which I prefer to not writ ing at all, that I may remove any suspicion you might entertain about my opinion of your conduct, after you have so fully cleared it up to the satisfaction of t Your ever affectionate uncle, 30th July. Van. TO H— — W . My dear Harry : I promised to write to you, and I did not do it ; am I then guilty of a breach of my engagement, or not ? I will submit it to your self, after you have considered whether the following reasons have any force or not. The motive for my making this promise, was to give you an opportunity of taking leave of your young friends, who are going out of the kingdom, and that you might be enabled in PETER VAN SCHAACK. 297 your return, to pay a visit to your friends at Mortlake. Now it so happened that neither of these objects could have been obtained, had I written to you to come to town ; and that being the case, and the design of your visit being frustrated, was not the visit itself to be given up ? and if so, was there any obligation upon me to write ? You should always distinguish between the essence of a promise, and the form of it. I shall go to Yorkshire on Monday, for a fortnight or more ; if you want any thing in my absence, write to Mr. Dumont for it. I cannot help once more expressing my approbation of your conduct on Sunday last, which I have mentioned to your uncle Gerard,, who I am sure will be highly pleased with it. The principles of honor, and a spirit of independence, I wish to see " Grow with your growth and strengthen with your strength." That only, my dear Harry, can make you like a character, which, of all others, you ought most to study to imitate. , I thank you for your observations on the heroes of Homer. He is the noblest of poets, and has never been exceeded, though he was the earliest. I was much pleased with the observation of a Frenchman, who happened not to know any thing of this illustrious bard till he was advanced in years : " Why," says he, " ever since I read this poem, men appear to be twenty feet high." Did you ever see these lines of Dryden ? " Three poets in three distant ages born, Greece, Italy and England did adorn : The first in loftiness of thought surpass'd, The next in majesty ; in both, the last. The force of nature could no farther go, To make a third, she joined the former two." Homer, Virgil, Milton. Yours affectionately, 21st August. P- V. S. TO H W ¦ Beverley, Yorkshire, 1st Oct., 1784. My dear Harry : Your " school-letter," as you call it, has reached me in this re mote place, and, as letters from my friends never fail of doing, has 38 298 THE LIFE of given me great pleasure. In point of style, sentiment and orthog raphy, it is unexceptionable. I wish the ink had been less pale. The satisfaction you express in your present situation, affords me real pleasure. Upon the whole, my dear Harry, I flatter myself you are in the right track, and being so, I have no fear of your quitting it. You are, however, just now at a time of life, when you must lay a foundation for the character you are to sustain in your manhood. It is a critical period, and calls for the exertion of all the powers of your mind. It would hurt me beyond expression to hear any thing unfavorable of you. My reason, and the know ledge I have of the goodness of your heart and your regard for the principles of honor, tells me there is no room for fear or doubt ; at the same time, my anxiety for your happiness, and my determi nation to discharge with fidelity the trust reposed in me, with res pect to you, will not allow me to be silent. You do not mention our dear Nancy, who I hope continues well and happy. Give my tenderest remembrance to her. She, too, has a great share in my anxiety, but not so much as you, because if you answer the expectations of your friends, she will have the benefit of your at tainments, and I shall resign my trust to you, or at least admit you to a participation of it, with great pleasure. A melancholy event happened here yesterday morning. The only son of Mrs. Burton died after a very few days' illness. I dined in company with him that day se'nnight, at a club where he was presi dent, when he was in perfect health and spirits. Next Tuesday was the day fixed for his marriage with an amiable young lady. What a transitory life this is, and how precarious all our enjoy ments, and uncertain all our prospects ! Yours, affectionately, P. V. Schaack. TO H W . Dear Harry : You say you will be in town the 16th. Be it so. I shall always be happy to see you, at the same time I perceive that it makes your vacation of a longer duration than I could wish; but this you can't help ; and it makes your stay longer in London, also, than you can, I fancy, make agreeable or useful to yourself; this we will endeavor peter van schaack. 299 to help. I could wish you to bring some books, Virgil one of them, that we may travel over the ground you have lately, I hope, made yourself master of. Of that sweet poet we may say, decies repetita placebit. Pope's Homer will afford you fine relaxation, when your mind is wearied with intense application. Your French must also be kept clear from rust. You and I will be near neighbors, which I hope will be as agreeable to you as it most undoubtedly is to me. I shall wish for some serious conversation with you, and all I wish and pray of you, is to have attention. At the same time, don't apprehend that I mean to make your vacation unpleasant or laborious to you. I feel, my dear Harry, the importance of the trust reposed in me with respect to you, and I wish to discharge it with fidelity and honor ; with a sacred regard to the memory of the deceased, and with an affectionate attention to your welfare, happiness and advancement in life ! ^We shall not long be together, and I wish to have it in my power to give a satisfactory account of you to your friends in America, to your uncle Gerard particularly. I shall neither ex aggerate nor extenuate, but speak just as I think of you. This has been my maxim with respect to all the young gentlemen whom I have been desired to pay attention to, or concerning whom I have been desired to write my sentiments. If you cultivate the talents nature has bestowed upon you, if you cherish the good qualities which you inherit from one of the most amiable of men, be assured you will get through life with honor and reputation ; in short, all depends on yourself. Excuse me for being so grave. I cannot help it. As our separation approaches, I grow more and more anxious. How is Nancy ? My tenderest love to the dear girl. Kiss her for me. If you have any money left, give it to her ; if not, desire Mrs. Pomeroy to give her a guinea, which she may charge in the account, or I will repay it. I propose paying a visit to Mr. F., upon whom pray call with my compliments. Present my compli ments also to Mr. Stretch and the ladies. I am your affectionate uncle — Bieu vous ait en sa sainte garde ! 44 Frith-sL, 13th Bee P. V. S. 300 THE LIFE OF CHAPTER XIV Political distinctions involved in the Revolution, had for sev eral years interrupted Mr. Van Schaack's intercourse with many of his early friends. His once bosom companions, John Jay, Egbert Benson, Theodore Sedgwick and Gouverneur Morris, and most of his associates in College and at the Bar, were prominent and un compromising whigs. The civil war, and his peculiar sentiments with respect to it, had placed him in a position with regard to these friends, which did but ill accord with the real sentiments of personal esteem and friendship which they entertained for each other. In fact, the line which had separated them was more in appearance than in reality, if we regard the motives whch actua ted them all, and the object which he equally with them had in view. That object was identical — the good of their country ; — although they had greatly differed as to the best means for pursuing it. But although their usual intercourse had been thus interrupted by his exile, and the arbitrary distinctions of a civil war, their attachments were based upon principles too pure and immutable to be permanently disturbed ; and it was evident, that upon a fit occasion these kindred spirits would reunite the relaxed bonds of personal regard and friendship. > In the summer of 1782, Mr. Jay, who, for two and a half years previous had been residing in a public capacity at Madrid, arrived at Paris, as one of the five Commissioners appointed by Congress to negotiate a Peace with similar Commissioners on the part of Great Britain. Mr. Van Schaack, as has been seen, was still re siding in London at this date, and he embraced the occasion to renew a correspondence with his old friend. PETER VAN SCHAACK. 301 TO JOHN JAY. London, 11th August, 1782, (Rathbone-place,) No. 20 Charlotte-street. Dear Sir : Though I have taken up my pen to write to you, I own I hardly know what to say : embarrassed as I am by a consideration of the strange predicament we stand in to each other, compared with our connection in earlier life. I write therefore without any precise object, trusting to what chance (if any thing it should) may pro duce from it. One thing, however, I must premise, which is, that I have no design of making this introductory to any improper request. Pride, or whatever it may be called, will restrain me from any application that might expose me to the mortification of a refusal ; and I am not so weak as to attempt to prevail, in any matter in consistent with your duty and in your sense of it. The impressions of my youth are not easily effaced ; and the new scenes I have passed through have not altered my old notions of right and wrong. Ccdum non animum. Whether what has passed has altered your opinion of me as a man, I own, is a question I could wish to have resolved. The artificial relations introduced by a state of society, may vary, or be dissolved by events and external circumstances ; but there are others which nothing but deviation from moral rectitude can, I think, annihilate. I congratulate you on the increase of your family, and sincerely wish you and Mrs. Jay every domestic happiness. I am, dear sir, Your most obedient servant, Peter Van Schaack. TO PETER VAN SCHAACK. Paris, lllh Sept., 1782. Dear Sir : Dr. Franklin sent me this morning your letter of 11th August last. I thank you for it. Aptitude to change in any thing never made a part of my disposition, and, I hope,' makes no part of my character. In the course of the present troubles I have adhered to certain fixed principles, and faithfully obeyed their dictates, with- 302 the life of out regarding the consequences of such conduct to my friends, my family, or myself; all of whom, however dreadful the thought, I have ever been ready to sacrifice, if necessary, to the public ob jects in contest. Believe me, my heart has nevertheless been, on more than one occasion, afflicted by the execution of what I thought, and still think, was my duty. I felt very sensibly for you and for others; "but as society can regard only the political propriety of men's con duct, and not the moral propriety of their motives to it, I could only lament your unavoidably becoming classed with many whose morality was convenience, and whose politics changed with the aspect of public affairs. My regard for you, as a .good old friend, continued notwith standing. God knows, that inclination never had a share in any proceedings of mine against you ; from such " thorns no man could expect to gather grapes ;" and the only consolation that can grow in their unkindly shade, is a consciousness of doing one's duty, and the reflection that as, on the one hand, I have uniformly pre ferred the public weal to my friends and connections ; so on the other, I have never been urged by private resentment to injure a single individual. Your judgment, and consequently your conscience, differed from mine on a very important question ; but though as an inde pendent American, I considered all who were not for us, and you among the rest, as against us ; yet be assured that John Jay did not cease to be a friend to Peter Van Schaack. No one can serve two masters : either Britain was right and America wrong ; or America was right and Britain wrong. They who thought Britain right were bound to support her ; and Amer ica had a just claim to the services of those who approved her cause. Hence it became our duty to take one side or the other ; and no man is to be blamed for preferring the one which his reason recommended as the most just and virtuous. Several of our countrymen, indeed, left and took arms against us, not from any such principles, but from the most dishonorable of human motives. Their conduct has been of a piece with their inducements, for they have far outstripped savages in perfidy and cruelty. Against these men, every American must set his face and PETER VAN SCHAACK. 303 steel his heart. There are others of them, though not many, who, I believe, opposed us because they thought they could not con scientiously go with us. To such of these as have behaved with humanity, I wish every species of prosperity that may consist with the good of my country. You see how naturally I slide into the habit of writing as freely as I used to speak to you. Ah! my friend, if ever I see New- York again, I expect to meet with "the shade of many a departed joy." My heart bleeds to think of it How is your health ? Where and how are your children. ? Whenever, as a private friend, it may be in my power to do good to either, tell me. While I have a loaf, you and they may freely partake of it. Don't let this idea hurt you. If your circumstances are easy, I rejoice ; if not, let me take off their rougher edges. Mrs. Jay is obliged by your remembrance, and presents you her compliments. The health of us both is but delicate. Our little girl has been very ill, but is now well. My best wishes al ways attend you, and be assured that, notwithstanding any politi cal changes, I remain, dear Peter, Your affectionate friend and servant, John Jay. TO JOHN JAY. London, 15lh Oct., 1782. Dear Sir: I will not attempt to describe my feelings upon the perusal of your very friendly letter. I consider it as a perfect picture, in which I can trace every well known feature of your character. Your unreserved commemoration of our old friendship, and assu rance of its continuance ; your kind inquiries into the situation of me and my children, and generous offers with respect to both them and myself; and your pathetic allusion to the melancholy scenes you will meet upon your return to New- York, melted my heart ; and every idea of party distinction or political competition vanish ed in an instant ! The line you have drawn between your political character and your private friendships is so stronglymarked, and will be so strict- 304 THE LIFE OF ly attended to by me, that I hope our correspondence will not end here. Be assured, that were I arraigned at the bar, and you my judge, I should expect to stand or fall only by the merits of my cause. With respect to the ,great contest, in which, unfortunately, I differed from others of my valuable friends as well as yourself, I can say, with the most sacred regard to truth, I was actuated by no motive unfriendly to my country, nor by any consideration of a personal, or private nature. Men's hearts are not always known, even to themselves ; but, believe me, that I spared no pains in ex amining into all the secret recesses of mine. I can say, too, that my wishes were to have gone with you. The very appearance (and in my view of things it was appearance only) of taking part against my country, distressed me in the extreme. Could it be for the sake of Great Britain that I could wish to sacrifice the welfare of my native country ? My attachment to her (great indeed as it was) was founded in the relation she stood in to America, and the happiness which I conceived America derived from it : nor did it appear to me, from any thing that had happened, that the connec tion was dissolved. Upon the whole, as even in a doubtful case, I would rather be the patient sufferer, than run the risk of being the active aggressor ; and as I should rather be even a figure for the hand of scorn to point its slow unmoving finger at, than to destroy the peace of my own mind ; I concluded, rather than to support a cause I could not approve, to bear every distress that might result from the part I took ; and if America is happier for the revolu tion, I declare solemnly that I shall rejoice that the side I was on was the unsuccessful one. You, my dear sir, will excuse my saying thus much on a subject so interesting to all that is dear to me in life. My heart warms whenever our country ( I must call it my country) is the subject, and in my separation from it, " I have dragged at each remove a lengthening chain." I am sorry that the health of you and Mrs. Jay should be but indifferent ; and you have my most cordial wish that you may both again enjoy this invaluable blessing. Perhaps it would sound equiv ocally were I to express a wish that you would not attend so much to public business, but remember what Horace says of a wise and good man : " Ultra quam satis est, virtutem si petat ipsam." Your PETER VAN SCHAACK. 305 horse I hope is your only physician ; and as to an apothecary, I hope you will not require even an ass. My health, which you kindly inquire .after, was never better, saving the complaint in my sight, which, however, gives me no pain. The one eye is quite useless, and two years ago I got an attack upon the other ; at that period, indeed, my friend, I wanted consolation ; but I bless God I found resources in my mind, which very soon prepared me with resignation for the worst. As to my circumstances, my dear sir, they are quite easy ; ren dered so by the provision my good father-in-law made for my children : were they otherwise, I know no man who could sooner induce me to invade my maxim against incurring pecuniary obli gations than yourself, for between the professions and actions of my friend John Jay, I never yet have known one instance of a variance. My spirits, too, are good ; and I have a good circle of acquaintances, not only in town, but in the pleasant villages in its neighborhood, where I frequently walk ten or twelve miles before dinner. Upon the whole, I believe few persons enjoy more social and convivial hours than I do ; and though I do not So often par take of the "feast of reason and the flow of soul," as I did at New- York, yet I ought rather to be thankful for my situation than to repine at my share of the public calamity, which has involved so many families in ruin. My children (I acknowledge it gratefully) have been permitted to remain at Kinderhook ; which, by the by, is become the Athens of the county of Albany. Harry is represented to me as a lively boy, and has been examined and approved at Yale College. I hope the poor fellow will not be reproached with the malignity of his father ; on my part, I assure you I have often cautioned my friends to take care not to let him imbibe any political prejudices, on account of any ill usage he might possibly suppose I had receiv ed. I would not let him come to England, because I mean he should never leave America. If he has an American education, with a good share of the weighty bullion of American sense, I shall not regret his being unacquainted with the refinements of the old world. Can you forgive me for dwelling so long on my private con cerns ? Your kind inquiries convince me you can. What a' great 39 306 THE LIFE OF theatre are you acting upon, and what a conspicuous part do you sustain! What a fund of information must you have collected; and, conscious of the rectitude of your measures, what must be your feelings upon the consummation ! I have always considered you as one of the most formidable enemies of this country, but since what has happened, has happened, there is no man to whom I more cordially wish the glory of the achievement. My respectful compliments to Mrs. Jay, and believe me, dear sir, Your affectionate friend and sincere well wisher, Peter Van Schaack. TO JOHN JAY. London, 30th May, 1783, No. 23 Church-street, Soho. Dear Sir : I did myself the pleasure of writing to you very soon after the receipt of your obliging favor of the 17th Sept, and although I can well account for your silence even if you have received my letter, yet as it is possible it may have miscarried,' in which case my con duct must have appeared to you in a light I would not by any means wish, I will claim your indulgence once more. I own I should be much flattered with a few lines from you. Fame says you are to be the ambassador at this court, and this has induced ¦ me to suspend a jaunt I have determined to take to Paris, by the way of Holland. ' I would not on any account miss seeing you, though I am aware that your public station will exclude me from the habits of any sort of familiar intercourse. Don't let it lessen , me in your opinion, by creating any suspicion of my sincerity, when I assure you, as I most solemnly do, that I rejoice from the bottom of my heart, upon the establishment of peace, which I did, even before I knew the terms, and would have done, had they been such as forever to exclude me from a return to my native country, ardently as I pant after it. 1 have a letter from my brother of the 16th April. Our old friend Benson was then at New-York, upon a requisition to Sir Guy Carleton, to contract his lines to the island of New-York. I fear this business will create some contention. God forbid ! Every American, of whatever description, must wish to prevent any ill PETER VAN SCHAACK. 307 blood, and as much as possible to cultivate a "spirit of concilia tion." If I know my own heart, this would have been my senti ment had the event of the war been the reverse of what it is. Benson has sent me assurances of the continuance of his old friendship, and advises me to remain where I am some time longer. This I own does not accord with my sentiments, and if it were not for other considerations, — that of my eyes particularly, which is become a very serious one, and I fear will be still more so,— I would have gone over immediately to have stood the first shock. I have endeavored to form a just estimate of life, and of all it contains, and if my endeavors have not been unsuccessful, be assured I am not only more of a philosopher, but a better man • than ever you knew me. Pardon my presumption. I beg my respectful compliments to Mrs. Jay, and, with my best wishes for you, her and your little one, Believe me affectionately yours, Peter Van Schaack. TO PETER VAN SCHAACK. Passy, l&th June, 1783. Dear Sir : I have received your favor of the 30th ult. Your affectionate answer to my letter of the 17th Sept. last, reached me about a , month after its date. The prospect I then and long afterwards had of being able to visit England, (where the death of a relation gave me some private business to transact,) induced me from time , to time to postpone writing to you. It, so happened, however, that my continuing at Paris remained expedient, and whether and when I shall see London, is still doubtful. The report you have heard respecting my future destination, is not justified by any intelligence I have of the designs of Congress on that subject, and therefore the jaunt you have in contemplation should not be suspended on that account. I assure you frankly and sincerely, tha,t it will always give me pleasure to see you. Our meeting shall be that of old friends, and as our intercourse in that capacity may and will be innocent, I shall neither impose upon myself, nor upon you, any restraints which rectitude and integrity will dispense with. To America I shall continue a faithful servant, ¦» 308 THELIFEOF and to you a faithful friend. Should these characters clash, I shall, , as heretofore, prefer the former ; but where and while they do not, let us, as in the days of our youth, indulge the effusions of friend ship, without reserve and without disguise. Ben; on is an honest man and loves you. It grieved him to act a part that wounded you. I approve the advice he gave you— it exactly corresponds with my own sentiments. The disorder in your eyes afflicts me. It merits, and I hope will engage your greatest care and attention. At all events be resigned, and remember that "many will rejoice in the end, for the days wherein they have seen adversity." Mrs. Jay joins me in presenting to you our best wishes. I am, dear Peter, your affectionate friend, John Jay. TO JOHN JAY. London, 5th August, 1783. Dear Sir : • I received your favor of the 16th June in due time, and instantly determined to set out for Paris, making that my first object, but a friend prevailed on me from time to time to postpone it, which for the sake of his, company I did, as he is not only a most pleasing companion, but intimately acqainted with the habits as well as the language of France. The day was fixed and our route agreed upon, by the way of Dieppe, Rouen, &c, when a number of my relations and friends from New-York arrived, and I found myself so circumstanced, that I could not leave England without great inconvenience, nor remain in it without chagrin and disappointment. I will not trouble you with the dilemma I was in, but if chance should make you acquainted with my friend Doctor (John M'Na- mara) Hayes, which I own I wish, as well on account of his worth as a man, as of his eminence in his profession, he will explain it to you. Since I received your favor of the 16th June, I have heard many particulars about you and Mrs. Jay, from Mr. and Mrs. Fitch and Mrs. Grant, and am happy to be informed that the air of Passy has been of benefit to your health. Mrs. Jay has I hope by this time increased your domestic happiness. I wish you and she could PETER VAN SCHAACK. 309 be prevailed on to turn your thoughts to this country, which I am persuaded, would be of the utmost service to you both. I have ¦ seen wonders wrought here in a variety of cases of delicate consti tutions, and am myself an instance of the goodness of the air and climate of England. Let me entreat you to think of it. I still en tertain hopes, that my information respecting your future destina tion, though premature, will be verified by the event, but to an swer the great purpose of health, a jaunt in a private way would be most eligible. Let me have the pleasure of meeting you at Do ver, or in some other part of England, before the autumnal rains set in. The footing you have placed our meeting upon, is perfectly agreeable to me, and I would not wish to make any alteration in the terms you mention ; and the rather because I trust there will, in future, be no incompatibility between your public character and private feelings, as they respect me. I freely declare to you what T -profess in all companies, that I consider myself a citizen of the United States, dejure at least, whether I become so de facto or not. In this I feel no sense of humiliation, and I conceive I am war ranted in the declaration by established principles, and a perfect consistency of character. I would not obtain my most favorite ob ject by a dishonorable concession, but I will not be restrained by false shame, or mean pride, from avowing my principles and opin ions. The happiness of America was not nearer my heart in its old state than it is in the new. I cannot help the defects of my understanding, but I can subdue the errors of my heart, in which revenge never had a place. A great work has been achieved, but much yet remains to be done, in order to make it a public blessing, at least in our day. I am almost tempted to enter into particulars, ; but I fear it might appear improper, and yet could I have seen you, I could have ventured to suggest my ideas, such as they are, I and this with the less embarrassment, because I have no sinister ! object or selfish inducement to bias me. Not even you, my friend, can view the public happiness of our country, more abstracted from partial considerations than I do. Should you be prevented from coming to England, and I can be of any service to you in your private concerns, freely command > me. I thank you for your short letter of the 26th July, and for 310 THE LIFE OF the trouble you took in sending me a copy of the preceding one, to which I had replied before I received your last, though my let ter was not sent. Be pleased to present my respectful compli ments and best regards to Mrs. Jay, and believe me, dear sir, Your sincere friend, Peter Van Schaack. TO PETER VAN SCHAACK. Passy, 11th August, 1783. Dear Sir : I had the pleasure last evening of receiving your letter of the 5th instant. Why did you leave it to chance to bring me ac quainted with your friend ? Certain pros and cons on points of delicacy, I suppose. If he comes to Paris, we shall probably see each other. Whatever may have been the dilemma which post poned your jaunt, I regret it. It is probable, nevertheless, that we shall meet before winter ; for as soon as business shall cease to confine me here, I mean to go to Bath and try the effect of the waters. When you again see Mr. and Mrs. Fitch and Mrs. Grant, be pleased to present Mrs. Jay's and my compliments to them. I have asked leave to become a private citizen, and to return to America next summer. Various considerations render this proper — my conduct would not otherwise be consistent. The discussions of questions de jure require dispassionate and calm reflection, and that season must arrive before speculative principles can acquire sufficient force to produce fruit de facto. Such is the order of nature, and we must take it as it is. There is a tide in all human affairs, and while it runs too hard against us to be stemmed, it would be imprudent to weigh anchor. I suspect, however, that many will find this tide to be as lone in passing, as the traveller in the fable found the river ; but in my opinion that ought not to be the case of any except the faithless and the cruel. I am for receiving all who do not come under either of those descriptions, and for the absolute exclusion of all who do. Thus you have very candidly and explicitly my opinion on a very im portant and interesting subject. I think with you that America has much yet to do, before her domestic and foreign affairs will assume a settled, uniform aspect; PETER VAN SCHAACK. 311 but that cannot be immediately accomplished — even natural causes oppose it. The waters will continue agitated for some time after the storm which raised them has subsided. All, however, will go well ; time will give temper, and experience wisdom. Our soil is new and fertile ; and we must neither be surprised to see some tares among our wheat, nor some errors in our counsels. While the people continue virtuous and well informed, de republica nil despe- randum. We will talk these matters over one of these days more at large. Mrs. Jay presents you her compliments. I thank you for your obliging offer of service, and with the best wishes for your happiness, I remain, dear sir, Your friend and servant, John Jay. TO JOHN JAY. London, 12th September, 1783. Dear Sir : I sincerely congratulate you and Mrs. Jay on the "increase of your family, and hope that by this time she is perfectly recovered. Your letters I forwarded by the packet, and shall avail myself of a private opportunity of mentioning the circumstance to some of my friends, if any should offer soon. Had I received your letters two days sooner, they had probably by this time been near New-York. I thank you for what you say of my friend Doctor Hayes, and you justly ascribe my not giving him a letter of introduction to motives of delicacy. I still feel some restraints and embarrass ments with respect to you, which a personal interview would enable me to get over, and this was a principal motive to my intended journey to Paris. Believe me, I only want to be thor oughly understood, and then I am willing to submit my conduct and principles to any tribunal. I am extremely happy in the thought of seeing you in England. I am confident Bath will be of service to you, but I own I wish you to come early enough to enjoy a little of the free air of this fine season. Exercise on horseback and relaxation of mind will do every thing for you. I was assured through Mr. Oswald that you would be here this month, and the signing of the definitive 312 THE LIFE OF treaty makes me hope that all obstacles are now removed to your leaving Paris. I was in hopes this treaty would liave contained some explanations, calculated to meet and to obviate certain doubts which have been raised in America, with respect to the true con struction of the 5th and 6th of the provisional articles ; but I am told there is nothing contained in it upon this subject. I am willing to think that the omission may be for good reasons, and that such explanations may be more efficacious when spontaneously urged by the commissioners, than if stipulated by treaty. The former is most ardently wished for by my friends, and I trust that it cannot be improper that I hint this, though I hope it is unnecessary. The terms you mention are comprehensive, and to your exceptions humanity and honor cannot object. You doubtless hear and know every thing that is going on in the different States, in ours particularly. My last accounts, I own, are not so threatening as those of many others. I find that Gov. C. is acting with his usual spirit, and Benson with his usual cool ness ar^d steadiness, with regard to the treaty and the irregularity of some associations of some of the towns. Mr. Apthorpe, who was indicted last winter, went up from New-York to take his triah at Albany, and I am assured that he was acquitted for want* of ' prosecution, his case being deemed within the oblivion of the 6th article. If this is true, it is a case in point for me and my brothers. Though I would wish, for many reasons, that you should hold a public station, yet I own your request to return to a private station, in the prime of life, in the vigor of abilities, and with the field of ambition open to you, reflects great lustre on your character. Since writing the above, Mr. H. White is arrived here, by whom I have letters of a very serious complexion. At a court of Oyer and Terminer held at Poughkeepsie, a man banished by the act of 1778, was indicted, tried and convicted, of misprision of treason. It seems to me he was ill-advised not to have put in a special plea, which would have brought the point of law of the construction of the 6th article before the court. But I forbear troubling you with these matters, which, however, concern me very nearly, and in spite of my optimism, alarm me a good deal. • PET'ER VAN SCHAACK. 313 I beg my "respectful compliments to Mrs. Jay, and best wishes for your and her happiness, as well as that of your little ones. I am your friend and most ob't servant, P. V. Schaack. Mr. Jay carried into effect the intention expressed in the pre ceding letter, of visiting England. He arrived in London on the 14th of October, 1783, and immediately addressed a note to Mr. Van Schaack, who had just returned from an excursion into the country. We find the following note in his diary — " We met with all the cordiality of old friends, who had long been absent, with out the least retrospect to the cause of that absence." 40 314 THE LIFE OF CHAPTER XV. During his exile, Mr. Van Schaack made his brother Henry his principal American correspondent. For the first two or three years after his arrival in England, however, and until a free communica tion was opened, this correspondence was probably limited, and but few of his letters during that period have been recovered. From those which were preserved, selections have been made for this work, which will not only assist in illustrating his character, but will be found creditable to him as literary productions, and interesting for the political and other information which many of them contain. It will be proper here to correct an impression which the reader may have imbibed from the circumstance that so many of Mr. Van Schaack's manuscripts have been preserved, that he had contempla ted a biography. Such was not the fact. He entertained very humble views of himself, and when the author mentioned the subject of " a Life," some years before his decease, it was received with such evident disfavor, that he forbore to press it. Precision in all things was one of his characteristics. But it was on account of his children, in whom his affections were centered, that he took pains, during the Revolution, to leave behind him evidence that his political course was the result of principle, and was governed by integrity.* TO DAVID VAN SCHAACK. London, 16th Jan'y, 1782. My dear Brother : My letters hitherto have been chiefly to our brother Harry, and * There is no doubt but many interesting and valuable manuscripts have been lost. Mr. Van Schaack's early blindness, his exile, the youthful age of his children by the first Mrs. Van Schaack on his return from England, and PETER VAN SCHAACK. 315 I am glad to find that you have made a generous allowance on the score of my particular situation, for my not writing to you sepa rately. However, for the future I must entreat the favdr of a correspondence with you, which I could wish to confine only to private and family subjects, on which Harry has not been so cir cumstantial as my anxiety about them requires. I was in great hopes that J. or C. would have favored me with a letter relative to my children. By the one you wrote to me from Goshen, I am sure you know perfectly well the particulars which must interest the solicitude of a parent, upon these tender subjects. The account you gave me of Harry, as you had it from C, was equally interest ing and pleasing. You will easily imagine that I am exceedingly anxious about him, and the progress he makes in learning. Be fore now he must have unfolded the particular bias of his genius, and I could wish to know what it is he is most fond of, and, as the consequence of it, in what branch he makes the greatest proficiency. The disposition of his heart is a matter of still greater import ance, and though I can hardly expect to hear any actions of his which deserve to be recorded in the annals of America, yet I should hope there are many particulars which might be mentioned of him, , that would engage the attention of a parent. At this great dis tance from him, I cannot be particular, but I could wish that pains might be taken to find out what will probably be his character, both as to understanding and disposition. This discovered, will point out the course of reading and study, which ought most par ticularly to be adopted for him. If he has any peculiar fondness for any one branch of learning in preference to the rest, a greater proportion of his time and attention should be employed in that. If he discovers any particular virtues, books which describe them in the most advantageous manner shoujd be put into his hands ; so the early death of all but one, who was absent ; the ignorance of hi6 children by the second Mrs. Van Schaack, of the existence of many of these papers, *nd his disinclination to enter into a particular discussion of matters, which were calculated to call up a long train of intervening scenes of domestic af fliction and personal trial — sufficiently explain how this could have happen ed ; and it is perhaps surprising, under all the circumstances, that so much should have escaped destruction. 316 THE LIFE OF if he has any particular propensities which are wrong, he should be furnished with some of the best authors upon morality and ethics, to assist him in overcoming his failings. I own I should be best pleased to hear that his reading was chiefly upon subjects of mo rality, which are calculated to display the beauties of virtue, and the deformities of vice ; and as he advances in years, I would rather have him well acquainted with Tully's Offices, and other books which treat of man as a moral agent, and of the principles of reli gious and moral obligation, than with Euclid's Elements, or the writers upon natural philosophy. Permit me to quote a passage upon this point from an elegant author. "The knowledge of external nature, and of the sciences which that knowledge requires or includes, is not the great or the frequent business of the human mind. Whether we provide for action or conversation, whether we wish to be useful or pleasing, the first requisite is the religious and moral knowledge of right and wrong ; the next, is our acquaintance with the history of mankind, and with those examples which may be said to embody truth, and prove by events the reasonableness of opinions. Prudence and justice are virtues and excellences of all times, and all places. We are perpetually moralists, but we are geometricians only by chance. Our intercourse with intellectual nature is necessary ; our specula tions upon matter are voluntary and at leisure. Physical knowledge is of such rare emergence, that one man may know another half his life without being able to estimate his skill in hydrostatics or astron omy, but his moral or prudential character immediately appears. Those authors, therefore, are to be read at schools, that supply most axioms of prudence, most principles of moral truth, and most materials for conversation, and these purposes are best served by poefo, orators, and historians." I should hope, that by this time his tutor has tried his invention a little, at composition upon subjects suited to his years. Letter- writing will, I am confident, prove the easiest method of teaching him to collect and arrange his thoughts, and to express them with propriety. January 30th. I had written the above when your agreeable favor by the Robust reached me. It is equally remarkable as it is pleasing, that you have therein anticipated my wishes, by confin* PETER VAN SCHAACK. 317 ing yourself to private subjects. You have most kindly as well as judiciously placed yourself in my situation, and then asked, what subjects can be most interesting to my brother in that situation ? This is what friends owe to one another, and this alone can make correspondences reciprocally useful and pleasing. Were I to con sider only what affects myself, and expect your attention to that only, without considering what you might wish to know from me, surely this would be partial and selfish. I hope you will proceed in the way you have begun, and be very minute not only about the children, but all our Kinderhook friends. They all have a share in my tender remembrance in succession, but as they are too numerous to mention them all, I will not discriminate any, but leave it to yourself to take your own method. This long separa tion is a severe trial upon me, but frequent communications re specting those I love so tenderly, would greatly alleviate my dis tress. Indeed, all circumstances considered, I ought not to repine. I have all the necessaries and comforts of life, nor is my mind har assed by the artificial wants of ambition or avarice. I have as much of real social happiness, I verily believe, as any one person. In a circle of friends sufficiently extensive, I am received with a cordial welcome, and were I inclined to enlarge the circle, 1 may say, without vanity, that I should not find it difficult ; nor have I been without the heartfelt pleasure, of sometimes doing service to the friends, who have been most kind to me. This, indeed, is the favorable side of my situation — as to the rest, I will say nothing, but endeavor to bear my troubles with resignation. To acquire a just estimate of the world, and of what is necessary to constitute the happiness of a rational being, is the great object of my serious reflections, though my practice, I am conscious, falls short of it. Excuse my saying so much of myself, and give me an opportunity of finding the same fault with you, and you will make me happy. You and Harry have never mentioned my friend Dyckman, which greatly astonishes me. Your friends are all mine, be as sured ; and shall not the man who showed me the kindest atten tion, while I was threatened with one of the most melancholy sit uations in life, be regarded by my brothers ? My acquaintance is not confined, and is promiscuous ; but merit only, whether in rags or brocade, shall have my esteem. 318 THE LIFE OF Pray make my affectionate regards to my mother whenever you write, and do send her out some little token of my remem brance, for which Mr. Walton will advance you the money. Your own discretion will guide you on this occasion, as to the thing and the value. " The gift is small, but love is all," as the poesy says. TO HENRY VAN SCHAACK. London, 11th July, 1782. My dear Brother : As there is a possibility of overtaking the packet, I cannot sup press my wish to give you a line upon this momentous occasion. The letters by this mail will, I fancy, be very heterogeneous. On Wednesday, 2d, I wrote you how decisively Mr. Fox had spoken upon the resolution of the cabinet to acknowledge unlimited in dependence — the next day he declared his determination to resign. The sanguine people immediately advanced that this was occa sioned by his having asserted an untruth, and that he had been overruled upon the point of independence, which Lord Shelburne was determined not to recognize. The absurdity of this struck me, but such confident assertions as I heard almost staggered my rea son, and I just stated (the 5th) what were the various conjectures with respect to the true cause of the division in the cabinet, which it is now evident was about places and not measures. The declaration of General Conway in the House of Commons, the day before yesterday, and of the Duke of Richmond and the Premier in the Upper House, yesterday, perfectly settles the matter, and removes all sort of suspense. The United States are now in dependent, and from the bottom of my heart I rejoice at it ; but this joy you will easily suppose is not unmingled with distress. Indeed, the sufferings of the unhappy loyalists very much affect me. But what is there in life but a choice of evils, and was not the circle of misery daily extending itself ? These unfortunate men have been in pursuit of a vain shadow. They have been contend ing for a government which had no existence, and have sacrificed their lives and fortunes to an object merely ideal. I wish liberality may prevail in the councils of our countrymen, and I doubt not but the loyalists would know how to make the proper return for it. PETER VAN SCHAACK. 319 It will be a bitter pill to some no doubt, but what country has been without revolutions and civil wars ? It is a call for fortitude and resignation, and necessity will reconcile people to it. " I feel like a man, but I will endure like a man," should be the maxim upon these and other trying occasions in life. July 12th. Interrupted very agreeably I was yesterday, by yours of the 12th and 16th June. The papers were charged six teen shillings postage, and therefore not taken. I have however got some, and have pored over those from without till I am almost blind. Good sense and manly firmness and consistency mark the councils of America. From some hints of the measures on this side, which appear in those papers, I own I am disappointed. I expected more enlarged notions would have prevailed. It is my practice to reason upon the probability of events upon every change, and in the remarkable Mva of the coming in of the new administration, (25th March,) I endeavored to chalk out to myself that line which I thought they would pursue with regard to Amer ica, that is, what in my poor opinion ought to be pursued, to have the blessed effect of peace. In recurring to it, (for I reduce my speculations to writing,) and comparing it with what has leaked out, I own I am disappointed. Be assured, they must and will come to unqualified measures ; they cannot retreat, and America will have every thing with regard to sovereignty and indepen dence. Do not, I beseech you, my dear brother, be misled by such sort of letters as I find in the papers. They are delusive, and conceived in error and a sanguine (though in some cases, I doubt not, an honest) zeal. The die is cast, be assured. Indeed, in my mind it has been long since. Reason for yourself. I am surprised at S — 's scruples. No man can pay more veneration than I do, to an hon est though mistaken conscience ; but we should not subtilize our selves out of our senses. Assure yourself that my principles of right and wrong remain unaltered, and I hope more firmly fixed than ever, nor has the general stream of licentiousness and immo rality I hope carried me down with it. No selfish, no sinister views influence my reasonings, and therefore I owe them some respect, considering the unwearied pains I take to see things just as they are. Excuse my saying so much, of myself, but I cannot avoid it, as I have, I believe, since I came to England held a language rather 320 THE LIFE OF different from the general current. I can safely say that " had I served my God" as faithfully as in this instance I have served the cause of truth, I should not be afraid of the inevitable hour. ,. I wish I could send you the papers, but they are too expensive. Lord Shelburne says that he has had the most flattering assurances, that his former sentiments respecting America are no objection to a negotiation with him. General Conway says that the King has been brought over to the measure of independence, and the Duke of Richmond declares that his Majesty remains firm in his senti ments in favor of it. The cabinet are unanimous, is the declara tion of all of them. Still I am afraid you will hear a different .language, but for Heaven's sake regard it not. People determined to think in a certain way, and bent upon certain constructions, if they cannot find a paragraph, will descend to a sentence, a word, a syllable, and even a letter, to answer their purpose, like Peter in the Tale of a Tub. It requires a microscopic eye to see a tittle in the late debates unfavorable to independence, but if there was, let us not quit the broad turnpike road for a narrow intricate by-way. I have my reasons for being thus particular. My heart is with my friends, and I want them to be truly informed. Let us look danger in the face, and not shut our eyes against it, or think we can avoid, by not seeing it, like the ostrich, who hides her head to prevent the pursuers from knowing where she is. The relaxation as to the double taxation, is so far satisfactory. You_make a useless apology for your minuteness as to the acts of the Legislature. You cannot be too particular. The Philadelphia papers have gratified me much. You know I wanted very early to know their speculations upon the changes here. Believe me, in the substantial bullion of common sense and practical know ledge, our countrymen are not to be exceeded. As to some distur bances upon collateral matters, I consider them only as ebullitions necessarily arising in this sort of public fermentation. We should not draw general conclusions from particular facts, which may be otherwise accounted for. The Crisis, No. XL, is I think a masterly production, but I be lieve his jealousy has carried him rather too far, I cannot think this administration has attempted to make America break with . France, but on this subject I wrote you, I believe, upon the change. PETER VAN SCHAACK. 321 TO HENRY VAN SCHAACK. London, 5th January, 1783. My dear Brother: My not hearing from you by the packet, &c, I presume has been owing to your expecting me at New-York. How you could entertain such an idea is best known to yourself, after what I wrote on a like occasion to that which now led you to expect me, viz. Mr. Walton's request. See my letters, July 1781. The general tenor of all my letters, must also have made it highly improbable that I could in such a hurry leave England, both as to business and as to my complaint, which you seem totally on all occasions to. put out of the question. I sincerely hope I may be able to give you some genuine ac count of the negotiations at Paris before I close this letter, but I fear it will be out of my power. Peace and war are alternately sounded in the city, with equal confidence, to answer the interested views of stock-jobbers, and equally without foundation ; for every thing is concealed with impenetrable and remarkable secrecy. In my mind, it stands but upon the ground of the original letter of Mr. Secretary Townshend, neither strengthened nor weakened by any thing which has since appeared. A wide field of conjectures has been opened to speculating politicians. I own I have an im pulse that peace will be the result — perhaps my " wish is father to the thought." I wish I was with you to share in the consultation of what is to be done, — but I trust that you will so well digest your plan^that you will either succeed with honor, or if. you fail, have nothing to reproach yourself with the neglect of. In these tempestuous times, reason alone can hold the helm with steadiness. It is too serious an occasion to be tossed about by passion, or to be influenced by prejudice. I have all. along, and in all companies, freely declared my intention of returning to America, whatever might be the issue of the contest, and though I believe I would be as averse as any man to purchase an advantage at the expense of my honor, yet I cannot agree with those whose high and towering spirits could not brook to live under the government of people they dislike, &c, &c. (I am much surprised if some' of' these people would, not stoop 41 ' • ' 322 the life of lower than you or I would.) Power has no such charms to me as to make me care much who possesses it. Revolutions have hap pened in all countries, and the weaker must submit to the stronger. For my part, I believe America will be as well governed as any part of the Old World is. Why not ? Are the people of America more debauched and corrupt, or less sensible and well- informed, than the Europeans ? Alas ! / am not to be persuaded to this. For my part, if I can return, which hitherto I do assure you I have not taken any one preparatory step to bring about, I shall be as good a subject of the new government as I ever was of the old. This declaration I shall not scruple to make, without lessening myself in my own opinion at all. If they have magna nimity enough to accept this as an atonement, I shall be happy ; if not, my heart is not to be broken by this, or, I believe, any other disappointment. I have gone to the expense of taking a number of papers, which go by this ship, for your entertainment. In a very late one, you will see a ridiculous paragraph relative to the loyalists. These people, it would seem, if they are so much courted by all parties, are not so pitiable as they have been represented. If the French and Gen. Washington are so favorable to them, surely their case is not so desperate, and the rather as the General (that too is said) is soon to be the Lord Protector of America, by name and office, as he already is said to be in fact! Was there ever such infatua tion ? Must a man, to be an orthodox party man, renounce his reason, and swallow the grossest absurdities ? If ever I have the happiness of again embracing you, my dear brother, I shall have much to communicate, and you will be con vinced that I have not been guided by other people's opinions, but by my own. This idea, as well as some others, I have often re peated, and / have a view in it. I wish every favorable part of my character might be known in due time to my dearest boy. I wish him to possess an enlarged, a liberal mind ; which will think for itself, unshackled by prejudice or bigotry. Sentiments incul cated upon him, would perhaps have additional weight by the ex ample of his father. At a distance, he will perhaps consider me with more reverence than if I was near him. How imperceptibly do I always slide into this subject, in which my heart is wrapped up. PETER VAN SCHAACK. 323 I must beg of you to apologize to all my correspondents, for I write to none but you. You are entitled to a preference, and I must confine myself in the number and extent of my correspondences. Heaven preserve you all, is the fervent prayer of, Your brother and friend, P. V. S. TO HIS BROTHERS. London, 2d Feb., 1783. My dear Brothers : I have written you lately by the Vigilant, by Capt. Gordon, aid-de-camp to Gen. Campbell, and by the packet which sailed the 16th January, and carried over three mails. My last of the 20th, by the Vigilant, I am most desirous of your receiving. The sub jects which we have hitherto written upon, could not be much affected by the events of the day. I therefore humbly aimed at giving you principles instead of the sayings of this great man or that, and of this and the other noble lord. I am mortified to think, that some of my best shafts have been spent in air, at least have not hit the object I aimed at. I did not send you the provisional* articles, because I know many copies went over in the Vigilant, and they will doubtless find their way into the prints. I gave you some desultory observa tions: 1. Upon the general construction of the 5th and 6th articles, as they affected the different descriptions of the loyalists, and more especially as they applied to the banishing act. 2. I went into the particular case of my children as the representatives of their grand father. I will endeavor to recollect what I have before written, so as to make this a sort of duplicate. The clauses are by no means worded with perspicuity, or accurate discrimination. However, one thing is clear, that there is to be no more loss or damage suffered by any body " in person, liberty, or property." The 5th clause relates only to confiscated estates, so that according to the letter, the case of double taxation is not to be included in the recommend ation. But the spirit of the two clauses seems to extend to this case, for the greater should include the lesser, and if even persons * Now no longer provisional. 324 the life of attainted are to be recommended, much more should those who are less guilty. I have recommended to you to make yourself thoroughly mas ter of these clauses, their spirit and meaning, as well as the letter; writing them out and emphasizing the words which affect the object of your particular inquiry, will be of use. Our friend Harrison will be of service to you, and will supply my place in your investi gations. This treaty is the magna charta of the poor loyalists, and one of the corner-stones of the new republic, which should be laid in " justice, equity, and a spirit of conciliation," and let me add, of mercy and liberality* All animosities should now be buried under this new edifice, which every American should endeavor to support, to strengthen, and to beautify. There are clamors and grumblings here at the peace ; but as to the weight of the objections, I trouble myself little about them. It is sufficient that it is peace. It is too common a prac tice, with men, to employ their thoughts upon what ought to have been and what might have been done. In these retrospects I see no use, unless they will enable us to profit by them in future. I have endeavored, as I often tell you, to consider things as they really were, and to reason from them, (and not from my own theories,) of what probably would be in future. A new Mra now opens to our view ; let us look forward and act, not from the impulse of passion, but the dictates of reason. We cannot com mand events : in all the dispensations of Providence, " to reason right is to submit." The appeal has been made to the sword, and the decision has taken place. No writ of error will help the losers. You should attend very closely to the sentiments of the people respecting the terms of peace, which I hope will be well relished. Indeed, America has had a carte blanche, and has (as I surmised in a former letter) held the scale. The French would gladly have kept up the ball, with America to support them. This country, therefore, was determined to satisfy America, who, that being done, did not choose to be made subservient to the views of France, and * The sacred nature of the first treaty made by Infant States, who must be desirous of laying the corner-stones of their government in justice, clem ency and benignity, will strike Sedgwick. PETER VAN SCHAACK. 325 she, perceiving this, was induced to close with Great Britain. My old friend Jay has exceedingly distinguished himself, and is repre sented as one of the greatest orators of the age. In the treaty which secured the independency of the United Provinces, in 1609, there was a stipulation that all property, though after a forty years' war, should be restored to the proprietors. Where there had been sales, and the proceeds put into the treasury, the owners were to have the yearly interest. The Catalonians were also restored to their property, by an express article of the treaty of Utrecht, or the peace about that time with Spain. I only write from recollection, in which, however, as to the substance I am sure I am right, having seen the very treaties. It may be well for you to turn to the histories of those times. You see I write as if I was determined upon staying here some time longer, though it is as yet a matter of doubt. Possibly I may go out in May, but write without regard to this. I most ardently long for my return. May God grant me once more a sight of my native country and beloved friends !* A life of retirement, study and reflection is my object. Tranquillity and the " calm evening of a stormy life," are all I wish for. I have seen enough of the world to have formed a proper estimate of its value ; and all it contains worth prizing, are the pleasures of happy domestic connec tions. Whether I shall increase mine, depends on events and circumstances. I have a most affectionate letter (with an offer of his purse) from an old friend now in Paris, and am not without hopes of seeing him here. Who is the friend who was thirsting for letters from me, &c. ? Give me his initials. I am afraid I shall not be able, as I intended, to write to Mr. Sedgwick. My eyes cannot stand such a constant exertion ; still, am I halting between two minds about the operation. How kind would it have been, had you told me Colonel Philips's fate, and that of the others Mr. Bailey has operated upon ! ! Good or bad, let me know all. I have no childish or womanish fears against knowing the truth. * Read this paragraph to Mrs. Silvester. 326 THE LIFE of TO THE SAME. London, 19th Feb., 1783. My dear Brothers : Your several letters and newspapers by the packet, and by Mr. Martin, I have received since I wrote my last. By the mail and by the Vigilant I have written so fully, that I will content myself with a reference to my letters on the important subject of the Pro visional Articles of Peace. On Monday, they came under debate in either House. In the upper, the ministry carried an address of approbation and thanks; but in the lower, they were outvoted, and the peace was condemned, though by all hands agreed to be beyond the power of being revoked or set aside. The American commissioners have engaged, it is said, warmly to urge the matter of the loyalists — particularly Doctor Franklin. This has been mentioned in Parliament, by some of the members. I send you one paper, but it gives an imperfect account of the debates ; so indeed do all of them separately, for the House of Commons did not rise till seven o'clock in the morning, the Lords not till four o'clock. I was not present, for it was impossible to get in, except by waiting many hours in a crowded lobby before the debates began, which I thought was purchasing the gratifica tion at too dear a rate. It is thought that this peace is so very advantageous to the States, that they will cheerfully submit to the recommendations of Congress, (who, it seems by the debates, had given express powers to stipulate thus far but no farther.) The vast territory ceded to them, which was never claimed as part of the States, it is thought will have great weight with them. Whether the peace will be deemed a good one or not by Congress, certainly it is thought a bad one here, and will probably cost the minister his place. An American ambassador is soon to make his entry (it is said a public one) into London. Believe me, that however unpalatable this may be to many, yet the great bulk of the nation will hail the event with real joy. The people at large love the Americans, though the tender ties are dissolved. One or two vessels, with the thirteen stripes flying, are now in the river Thames, and the crews caressed. PETER VAN SCHAACK. 327 Pray give me the particulars about Vermont. You say the se ceding towns of New Hampshire will revert in case of indepen dence. 1 should have thought just the contrary. I expect to see that disturbance effectually crushed before the army is disbanded. My dear brother, consult your understanding upon the nature and probability of the intelligence you get, before you communicate it. Sedgwick could open a rich mine of political internal informa tion ; but I commend in the highest degree his silence to you. He is a man near my heart, and I think our minds have a near alli ance. What good could we have done had we both been on one side ! Tell him, I shall go over every way as worthy his friend ship as I ever was, and shall have it in my power, I hope, to en tertain him not a little when we meet. God Almighty bless you all, prays, My dear Harry and David, Your affectionate brother, Peter Van Schaack. TO THE SAME. London, 22d Feb., 1783. My dear Brothers : As I expect I shall have some further materials for a letter, in addition to what I have already written, before the frigate sails, permit me to begin it with a very serious injunction, that you will contrive to give me the most authentic information of what success we may probably expect, in the intended application on behalf of my children for a restoration of their grandfather's property ; for as I expect this nation will do something by way of compensation for confiscated property, it will be incumbent on me, in perform ance of the trust I am vested with, to apply here ; but this I only mean as the last resort, as I would infinitely prefer a restoration on your side of the water to any thing, though adequate, which could be done here, as being much more honorable in my mind.* The minister is again outvoted, and a change, I take for granted, will follow. The coalition between Mr. Fox and Lord * Mr. V. S. wrote under the erroneous impression that his father-in-law's estate had been confiscated. Henry Cruger's name does not appear among the number of those whose estates were confiscated. 328 - THE LIFE OF North seems to be cemented- What a forgiving set of men does the present age produce ! Perhaps all this may work out some good, to the poor loyalists,' and in any other point of view, their changes, cabals and intrigues, are of little consideration to our countrymen. Lord S. has been made the scape-goat, and has done and brought about what his enemies wished to be done, what Fox's party would have done if they had been in power, and what Lord N.'s would hardly have dared to keep up the war to prevent, All parties wished for peace, but as an honorable or advantageous one could not be obtained, and as the nation began to feel bold when the danger was over, and to think they might have obtained what they wanted spirit to avow during the war, the malcontent availed themselves of this high war-toned spirit when the war was oyer, and criminated the minister for a peace so humiliating in the present formidable state of the naval power and the resources of the nation ! While I was writing, an account of last night's de bates was brought me, in which I find Lord N. expressly declares the act to make peace with America (which originated in his ad ministration) was intended to give the King power to declare inde pendence. If in the patchwork of the conduct of the great men for years past, you can see any two pieces that look alike, you will be saga cious. For my own part, I frankly own I am not disappointed. I wonder at nothing. I formed my observations with great care and candor, and endeavored to know " what manner of men these were," and if I have often erred, I have sometimes been right. Can you wonder that my heart beat with joy, when I saw the dawnings of peace — a peace upon any terms, that our country might get rid of the infernal war, which deluged her in blood, and which for many years has had no one object that a wise man could discover ; or at least, when known, which a good man could approve? Who can dare to charge me with inconsistency, seeing, as I have ' seen, what people we are connected with, for wishing, as I fervently' did, for the event which is now settled ? I declare solemnly that the, love of my country, and no personal considerations, was the foundation of my principles, which never have wavered. Consistency, to be a virtue, must be an adherence to principles, and not to opin ions formed upon misinformation. PETER VAN SCHAACK. 329 I thank you for the newspapers, the resolutions concerning Vermont, the decision against Connecticut, the Virginia resolves : those of Newburgh and Fredericksburg have not escaped a pretty close consideration. This is a species of intelligence essentially material, and I wish you would keep an eye upon it in future. Every public procedure should be noticed. It is from them that we are to form an idea of the temper of the times. I have several times had it in mind, to propose giving a set of books, as a premium for the best exercise in the Kinderhook Acad emy upon the subject of peace, and the means of improving it in •a manner most conducive to the happiness of society. You may be sure that I should not expect much of the political knowledge of the statesman ; but the interests of humanity, of morality and religion, I would have chiefly considered. A contrast between the horrors of war, and the tranquil blessings of peace — the turbulent passions and animosities which grow out of the one, with the phi lanthropy and social affections of the other — the cultivation of the arts and sciences, would suggest topics. I would rather Harry should merit than obtain the premium. If S approves this, let it be in his name rather than mine, and you may give a guinea or two for the purpose. This is not a mere whim, nor does it proceed from ostentation, but I really think every citizen of America, should endeavor as much as possible to disseminate principles of humanity, and to prevent the deadly feuds which too often grow out of civil wars. "Shame to men! devil with devil damn'd, firm concord holds, man only disagrees," &c. — says Milton, Parad. Lost, Book II. line 495. The prosecution of the printer at Philadelphia, and the conduct of the C. Justice towards the grand-jury, really surprised me. I am exceedingly anxious to know what sort of maxims the States will adopt in this time of peace ; the wisdom of them must determine what degree of happiness the country is to expect, at least, in our time. Feb* 28th. All is in confusion in the struggle for places, and to this hour, no arrangement has yet taken place. All parties are now contending who shall reap the fruit of the peace, while all agree to wound Lord S. with the thorns. I shall not be surprised soon to see the delirium subside, and the peace considered as a ben- 42 330 THE LIFE OF eficial one. The city of London have unanimously approved it. It will be a matter of curiosity to you to read the debates, and of use to you in forming an estimate of some people's extent of un derstanding. You may recollect a little essay, " Thoughts upon Civil Wars;" turn to it and read Lord Littleton's dialogues, — the first especially between Hampden and Falkland, with some papers on parties in the Spectator, (one in the first, second, or third volume especially.) The voice of reason is often silenced amidst the din of faction, and in the heat of animosity, but intervals succeed to paroxysms. If a man cannot do all the good he wishes, let him do what he can. A well disposed mind will never want a sphere to exert itself in. March 16th. As to politics, there has been a perfect anarchy here for near a month, but it is said an administration is at length settled, at the head of which is the Duke of Portland, or in other words, so is his grace nominally, but the person who has set eveiy thing in motion, is Mr. Fox. When you see some of our judicious friends in the country, con fer with them on the subject of the finances, the public debts, &c. of the United States. I want to be able to confute the ridiculous notions which some people advance, of the exhausted state of the country. In spite of all former experience, they speak of America as if it was governed by people who had not come to years of dis cretion, and wanted guardians to superintend them. To be sure, it is from Europe that these guardians ought to be sent. Another topic is, that the states will quarrel among themselves, and that they will be compelled to call in European powers to their assist ance.* But I trust in the wisdom of the ruling powers, to adjust all these matters at once, and so prevent the seeds of dissension from springing up. Every American of every description should unite in this business. A sketch of what measures government will pursue towards the places now in commotion, will be very in teresting. I trust I shall have a particular account of all our friends in the country, the number of which I dare say, is not a little dimin- * These things are thrown out to check the spirit of emigration, which I encourage as far as is in my power. PETER VAN SCHAACK. 331 ished by death in this length of time since I left them. What a change will our native place undergo ! What cheerful hours we have spent there ! You have not for some time mentioned our mother. God grant I may once more see her, but 1 very much apprehend this will not be this year, as I think it will be impossi ble for me to get away without prejudice to the concerns which have been intrusted to me. I have written my boy Harry, but I believe the vessel is not yet gone. She was to have carried over despatches, if the minister could have kept his ground. I shall send your ring by the next ship. I have lately traced out our family in Holland, and find it respectable. I will also send you the arms. Heaven preserve you all. Yours most affectionately, P. V. S. TO THE SAME. London, 4th March, 1783. My dear Brothers : The January packet sailed the 16th of that month with three mails, and the February packet with that month's mail sailed the 23d ultimo ; and the Vigilant, a merchant ship, sailed about the 17th February. By all which conveyances you will have letters and very copious ones from me, with, I believe, the latest advices, though not the latest dates, to the time of the respective departure of those ships. The Crocodile frigate or sloop was to have sailed about ten days ago, and I wrote two or three letters to go by her, but the confusion which has taken place among the great folks, has prevented this vessel's sailing ; and I know not what is be come of the letters. The effects of the peace upon its first annunciation, in the diff erent states, and among different descriptions of men, and the ani madversions upon it in the prints, I shall hope to have from you. My anxious hopes are, that there may be demonstrations of joy on the occasion, though I fear that the articles in favor of the loyalists, will not be very palatable. The animosities are deeply rooted, and are not easily eradicated. In Europe, the peace is considered as a most advantageous and a most honorable one to America. In 332 THE LIFE OF this country it is much reprobated, so far as respects the other powers, but such is the general prejudice in favor of the Americans, such was the abhorrence of that war, that the pill is swallowed for the sake of being at peace with that country, since that could not be obtained without a general pacification, which they would have wished to avoid, if they could have been at peace with America, from a desire of humbling the power of France. The articles re specting the loyalists are also found fault with, but for this there is an obvious remedy. A part of one year's expense of the war, only, will reimburse these unfortunate men. Something' of this sort, I believe, will be done as soon as the present anarchy gives way to some arrangement. For near a fortnight there has been a sort of interregnum in administration, in consequence of the minister's being outvoted the 17th instant. Nothing has been heard of but cabals and intrigues among the heads of the different factions ever since. Lord North's coalition with Mr. Fox will perhaps surprise you. I have seen so many strange things, that I wonder at nothing — nil admirari is my motto. Such a set ! I own I have my fears that the confusions here will have bad effects, as they already have had, from the mis taken ideas that the objections to the terms of the peace, go to the validity of it. Some of our friends think a grea.t point is gained by Lord S.'s being overturned. I cannot agree with them. I- should imagine that the American commissioners would rather negotiate, with respect to the treaty of commerce, with those with whom they have hitherto proceeded amicably, than with such as come in upon the principle, that too much has been yielded already to America. A good understanding between this court and that of Philadelphia might prove favorable to the poor loyalists. Mr. Fox says he wishes no terms had been stipulated, rather than such as they are with respect to the loyalists. Some of our countrymen hold the same heroic language. Why ? Because the recommendations will not be attended to with respect to the confiscations. But are there no descriptions of loyalists but such whose estates have been con fiscated ? Are none relieved by the treaty such as it is ? Is it no consideration, that future confiscations and future punishments of every kind, are taken away ? Is it nothing that the number who PETER VAN SCHAACK. 333 have little or no property, and can get their bread in America, and who would otherwise have been compelled to quit it, are now enabled to remain there ? Are our friends out of the lines, whose minds will now be relieved from the terrors of prosecutions to which they were liable, (those terrors I fancy not much lessened by certain publications here,) of no consideration ? It is, I am sure, quite unnecessary to mention that we ought now to consider ourselves in no other light than that of citizens of America, and to cultivate the blessings of peace by every means in our power. The affairs and concerns of England will in a little time affect us no more than those of any other state in Europe, nor shall I hanker after the leeks and onions of Egypt, I assure you, when I get back to America. When that will be is not quite so clear, but in choosing the time, my friends must submit to my pru dence. My heart is with you, for more reasons than 1 can tell, and for other reasons I must still suspend my resolution as to the time of putting it in execution. As you are well acquainted with the northern country, I need not delineate or comment upon the boundaries of the United States. This has occasioned much grumbling here, and it is said more is granted than America claimed. If this is so, may it not have been done upon some secret confidence, that the indulgences to the loy alists will be the better received and complied with ? Certain it is, that in all pacifications, (that especially in 1609, securing the independence of the Netherlands,) stipulations have been made in favor of the adherents of the mother country, and acts of oblivion have accompanied the cessation of hostilities. The gradual pro gress of the evacuation, will afford a favorable opportunity of beginning an intercourse with the country, and of the people's mixing together. I was always afraid of an evacuation while the war continued, though my reason was convinced, that in the nature of things it could not be. It was said in the House of Commons yesterday, that it would be six months before the evacuation could be completed. Pray how is it with the act to prevent us from practising the law ? Not that I intend ever to resume this, unless I should get into a domestic connection once more ; but in that case, I own I 334 THE LIFE OF should wish to be at liberty. You will be tired of this long letter, so am I ; therefore adieu ! Yours, affectionately, P. V. S. TO THE SAME. London, 20th March, 1783. My dear Brothers : I have written to you by every packet, and every other convey ance I heard of, since the important event of the peace, so that you will be in possession of all the information in my power to give you. The events of the last month have been of little consequence, on account of the anarchy in the administration, which is at length fixed, as we hear, according to the dictate of the Duke of Port land, or rather of Mr. Fox. The King has not been permitted the nomination of one single member, as the report goes. Strange doings, but what are they to us who are citizens of America and aliens here ? Let us content ourselves with the milk and honey of our native country, without a latent wish for the leeks and onions of the old. I cannot too often repeat my anxiety to hear every particular of the reception the peace meets with in America. I hope it will be a welcome guest, though I fear some of the features will not be altogether pleasing. In Europe, however, it is considered that America has had a carte blanche, and in fact dictated her own terms. Certain it is, that Lord Shelbume's administration was overset by the notion which prevailed of his having conceded too much. There is, notwithstanding, in this nation, the most cordial affection to. the Americans, and I believe one half of it will emigrate to that prbmised land ; indeed, I do not wonder at it. The American stripes have already appeared in the Thames, and have been hailed with acclamations of joy. There seems to be a general competition among the powers of Europe, which shall most conciliate the affections of the new States. What prospects are opened to them ! If their interior governments are but wisely conducted, if no dissensions break out between the different States, respecting boundaries particularly, they will rise PETER VAN SCHAACK. 335 into opulence and power with unexampled rapidity. I hope most fervently that the harmony and unanimity prevalent there, will be a contrast to the distractions which still continue here ! All is again in confusion, and the coalition between Fox and North is said to be so generally odious, that it is likely to fail, and that Mr. Pitt, (the most amiable character of all the competitors,) young as he is, will be the premier, supported by the Bedford party, the Sherburnites, and a great proportion of the independent country gentlemen. What number they consist of, I am yet to learn. Yours most sincerely, P. V. S. TO THE SAME. London, 26th May, 1783. My dear Brothers : It was not till five days after the letters in the mails were de livered out, that I received mine by our friend Hayes, whom I have however not seen. I thank you for those letters, which are inter esting indeed, and judiciously calculated to meet my inquiries. I am glad Benson retains his old attachments. It really touched my heart, and revived the feelings of my early days. I wish I had a copy made out to send you of a letter from my old friend Jay. My tour to Holland and France is suspended, in consequence of a report that he is coming over here. Sedgwick has my unabated affection. In him there never existed a circumstance, that could even create a suspicion whether he was the same man as ever — uniformly friendly ! I know not how to express myself with suffi cient energy respecting him. Your letter operated as a flat contradiction to almost all the accounts we had, and you may be sure was valuable on that score. How loosely do some people take up serious matters ! The Trespass Act is made a handle of, charging the Americans with a total dis regard of conciliation, as well as of the treaty. I have not time to discuss how far it is, or is not, superseded by the sixth article. The object of the politicians now is, to prove, 1. That General Washington is to be the Cromwell of America, and that the sedi tious papers are encouraged by himself, to facilitate his purposes. 2. That the United States are bankrupts, and therefore, 3. That 336 the life of they cannot pay off the arrears to the army, which are computed at ten millions sterling. 4. That General Washington acts in concert with France, and that when the British troops are with drawn, a body of French will probably land in America as auxilia ries to him ; and, to consummate all, that America is to be a scene of blood, from the intestine divisions which will take place very soon ; that her troubles are but beginning, &c, &c. Now all this may be true, but, as I am not in the secrets of futurity, I cannot adopt it in my creed. Bavus sum non QZdipus ; that is to say, I am no prophet. My love to all friends. Yours affectionately, P. V. S. TO HENRY VAN SCHAACK. London, 12th July, 1783. My dear Brother : I thank you for your long letters by the Iris, which, I will venture to say, contain more authentic and well selected intelligence of what is, as well as more rational conjectures of what probably will be, than, judging from some specimens, all the rest of the letters besides. The violent proceedings we hear of are not unexpected to me, and therefore they do not shock me so much as they do many others. I was afraid, ignominious as the provisional articles were deemed here, as relating to the loyalists, that they would be received in a very different light on your side the water, and that induced me to be so very importunate about the reception they might meet with, in that country where tbey were to have their operation. I expected a storm, but I do hope it will spend itself by its own violence. I own to you that I do not perceive any thing that has yet hap pened, which is not deducible from the general principles of human nature, as have been delineated in the history of all violent times ; but I shall be astonished indeed, if after some little time a sort of calm does not succeed to the present agitations. It would be a curious speculation, to discuss the probable progress and termination of these commotions and party animosities, and if I had leisure, I would gladly make an essay, an humble one I am conscious it would be; but, however I might feel the want of ability, yet as I peter van schaack. 337 believe there are few men who possess and exercise a greater share of candor, (at least on political subjects,) I should not despair of sometimes coming near the truth. However I may be swayed by petulance in small matters, yet upon these great topics, I endeavor to view things, not with the jaundiced eye of prejudice, but with a philosophic expansion and liberality. Your conjecture about the motive of Congress in delaying the recommendation, is equally candid and rational. I may add too, that the motive you ascribed to them is politic. Instances of in attention to their recommendations should not be multiplied. The United States will be a rope of sand, if some controlling, superin tending power is not maintained. The last " Crisis," upon this subject, can be equalled only by the other productions of that truly sensible writer. I am still of opinion, that all the difficulties America labors under will be easily overcome, if the different States will look at the object of a united interest, and one common hap piness. The gentleman you describe from a certain circumstance which was too friendly to be forgotten, I fear is too sanguine and liberal. My hopes go not so far ; however, what he says is a proof of the *• goodness of his heart, and of the pure principles he has acted upon, of which, from an early intimacy with him, I never entertained a doubt. I am sanguine enough to think that he remembers me with some degree of regard — indeed as to intention and motive, I am not conscious of ever having done any thing to forfeit the friendship of any man whatsoever. Indeed, the estimate I have formed of human life, and of all that the worU contains, is such as will secure me from pursuing any objects 1 might have in view, by violating the duties of any of the social connections. I am aware that holding up principles of liberality, humanity, and the obligation of former attachments, may be ascribed to selfish mo tives in people of our description, but I appeal to you, whether under the pressure of severe measures, in confidential conversa tions, and in solitary disquisitions, I ever wanted charity in the construction of the actions of others. Do as you would be done dvj judge as you would be judged of, is the great principle I en- deavor not to lose sight of. With respect to myself too, I write upon the subject as a man, 43 338 THE life of not as a person who has his own particular situation to bias him ; for I am happy enough, not to be necessitated to return to America. I can live out of it, — there are many doors open to me if I choose to take any pains, which hitherto I have not done, as all my af fections (not my interest, I assure you) draw me to my native coun try. Excuse my saying so much, but my heart is so warmed by these subjects, that I cannot resist the impulse of disburthening it. You say you had almost determined not to have said any thing aboutnthe state of the country, as things have not yet got into a determined train. I am glad you did not suffer this reason to pre vail. It will be no impeachment of your judgment if your conjec tures fail ; but your intelligence has been truly interesting to me, and I beg you will go on in the same way. " To catch the man ners living as they rise" must be our common object; from hence, however, you have not much to expect as to intelligence — that day is over, unless the definitive treaty should meet with impediments, which I own I have some fears about. I warit our country to be completely free from European poli tics, or^ at least, I dread any discussions that have a retrospect to »tb.e past. Oblivion is what I wish. Let us begin of a new en tirely. Much as Lord S e is execrated, I sincerely believe he would have wound up this business more for the honor of this country, (but what is that to us ?) as well as more beneficially for the poor loyalists, which does concern us, and concerns humanity - too, than the present motley, patchwork administration. This I know would be called a paradox by certain politicians, but I have long learnt what is due to their opinions. I was called an un believing Thomas, because I called in question the Report, the rise and progress of which you have so satisfactorily explained. D d politics ! infernal Jesuitry, which justifies the means, he they never so infamous, by the end it has in view. How many good men fall into this abyss of error ! If possible, I will send you, Cornelius and David each a seal with the family arms. The motto is of my own choosing ; the idea is, that fortune is to be overcome by enduring it with patience and fortitude. I have taken it out of (my favorite) Virgil. Tell Harry to look to the 5th iEneid, line 709. I was the readier, to give this a preference to some others, because it is connected in PETER VAN SCHAACK. 339 the author with the idea my dear boy held up in a quotation of his own, in his last letter but one. But it is my philosophy. I approve much of the use you have made of my remarks on the provisional articles, but wish I had been more correct than I fear I was. A little of the impetuous I know belongs to me, and in avoiding one extreme, I often run into another. I am seldom a tenant in the castle of indolence. When the articles were an nounced, I found several people I converse with were spending their time in speculating on the infamy of the articles; on the degradation of British dignity, and the like; nay, some were controverting whether the nation was bound by the peace, and whether the limits of the prerogative were not transgressed. I threw all these out of the question as Eutopian investigations, and endeavored to consider the subject in a practical way, and this very early, that you might have the first fruits of my thoughts. There are some severe stings in the Worcester resolves ; they touch not me, but they are pointed. I am happy that J do not deserve them. I mean as to what relates to transactions after the commencement of the negotiation, and more especially those, after the conclusion of the peace. These resolves, however, do not, in my opinion, make the proper allowance for human frailty ; they go upon a principle that men cannot innocently differ from each other ; they try imperfect beings by rules of perfection, the resolvers being themselves the judges of what truth is. The distinction made . by civilians seems not to have been adverted to, between actions materially and formally good. Truth cannot indeed consist with contradictory propositions, but Omniscience alone can decide which is right and which wrong. To ourselves, indeed, our own judgments must be the rule of action, our conscience must be our law; but that which is convincing evidence to us, may not be so to others, and yet we may be all equally innocent in the sight of God. " The good must merit God's peculiar care, But who, but God, can tell us who they are ?" I will not dwell on this subject. You have a little essay of ^ mine upon it. The principles of toleration, religious as well as political, have been very seriously investigated by me, and the 340 THE LIFE OF result of my attention to this subject, since I came here, has con firmed me in the ideas I took up seven or eight years ago. Our characters are not fully known, till we have quitted the theatre of action. Moral as well as literary merit, is often then only acknow ledged when the possessor is no more. If you can lay your hands on Bolingbroke's letters on the use and study of history, read the secondhand you will be pleased with it. We should endeavor to profit by past experience, and to acquire philosophy from history, teaching it by examples. I cannot help transcribing the following lines which were applied to Grotius during his exile : Sed — quatenus (heu nefas .') Virtutem incolumem odimus, Sublatam ex oculis quceramus invidi. You will let Harry translate this. 'Tis painful to see a good man suffer, for who would not rather be the innocent sufferer, than the guilty aggressor ? When the friends of Socrates lamented that he should suffer, being innocent, he replied, " Would you then wish me to be guilty ?" Perhaps politicians may laugh at these trite remarks, but you will know that if they have no other use or propriety, they may occasionally suggest subjects for your conversation with my dear boy, who, I hope, will learn toleration from them, or if he should live under a planet equally inauspicious as his friends have done, that he may acquire patience and submission to his lot. 'Tis within "a man's own bosom that he must find happiness, or he will find it nowhere. External circumstances may increase, but they cau never constitute it. I shall be much surprised indeed, if, after the present ferments subside, (and subside they must, for the daily proofs we have of human wretchedness cannot but soften the hearts of the most obdurate towards their fellow-creatures, how ever mistaken,) I do not see the liberal and enlarged principles of philanthropy come, with all their force and energy, from the Ameri can presses. The pulpit, too — what more noble subjects can it choose for discussion ? In short, the divine, the moralist, the philosopher and the real patriot, must unite in the great object of extinguishing animosity and restoring harmony, nor ought even the humblest individual to withhold his mite. PETER VAN SCHAACK. 341 We should not be deterred by the magnitude of the object, or the greatness of the difficulty, from making efforts. There is scarce any being so humble, who may not in some degree or an other, promote the great cause of humanity. As it is my principle to draw benefit out of evil, and as I have endeavored to take a large and comprehensive view of the general economy of Providence, I sometimes think I am upon the whole the better for my disappoint ments in life. I am indeed poor, but what thinking man, at my time in life, can believe that riches are essential to happiness ? I might have acquired a more extensive knowledge of my profession, and perhaps, some degree of reputation — but professional men are often merely professional men. I might have been of some use as a member of society, in my native country — this indeed is a retros pect that does not sit quite easy on my mind, but I have endeavored to profit by the maxim transmitted to us by antiquity : If you are deprived of exercising the duties of a citizen, exercise those of a man ;* that is, be a citizen of the world. Cultivate the enlarged principles of general humanity, and universal benevolence and philanthropy. Adieu, my dear brother, and believe me, Affectionately yours, P. V. S. TO HENRY VAN SCHAACK. London, 16th August, 1783. My dear Brother : I have in my preceding letters exhausted all the subjects be tween us of the most material consequence. To them therefore I refer you. My last was by the Earl of Effingham, in the hands of Doctor Morrison, who carries your cane, which a certain friend of yours would deserve a little discipline from, if he was half so faulty as he has been represented. I long very anxiously to hear of your movements, and am not without hopes that you will find yourself enabled to go home, where a retired, circumspect conduct will, I hope, procure you peace. I wish you to recall to mind my precise situation when I left * Officium civis si amiseris, hominis exerceas. 342 THE LIFE OF Poughkeepsie, particularly Gov. C.'s certificate, a duplicate of which was sent by me to the Commissioners of Conspiracies. I think Mr. S k or Mr. B might make this, with the concomitant circumstances, a ground for a pardon from the executive power. The Governor told me I was no object of the act, and the Commision- ers assured me that if they had known that I had had the Gover nor's permission, they would not have proceeded against me. They did, however, record me before they got the certificate, but as they would not have done it, if they had had it, and as they afterwards did receive it (no neglect being imputable to me) — quere whether that ought not to be undone, upon a knowledge of the case, which would not have been done, if it had been known ? I state this but weakly at present, by way of breaking the case, but I wish you to give me your sentiments, and those of my friends. I would not have any premature attempts made on my behalf, but it would give me real pleasure, if I could return under an explicit declaration and a par ticular permission, my case being I believe singular. My love to all friends. Yours affectionately. P. V. S. PETER VAN SCHAACK. 343 CHAPTER XVI. TO JANE SILVESTER. London, 4th Sept., 1783. My dearest Sister : My son Harry having mentioned that you desired him to tell me, that you had not received a letter from me since I left Ameri ca, I consider it not as a reproach for my neglect, but as an invi tation to me to write, which I most cheerfully sit down to do. To you, my beloved sister, I could never be guilty of inattention, and all my friends have remained in my warmest affection, without the least interruption. Your brother's heart is the same it always was, and I believe it never was accused of want of sensibility or tender ness, whatever his imperfections may be. Our poor mother ! Harry has made my heart bleed by what he tells me of the proof she gives of her parental fondness for me, whenever I am talked of. I hope she remembers no one circum stance to make her doubt of my filial duty and love. Could I think she did, that indeed would embitter all my days. You, my dear sister, have had the greatest opportunity of manifesting your duties to her ; some occasions must have been arduous ones, but the remembrance of them will be pleasing to you, when the fond parent is no more. I am sure you will contribute every thing in your power to her comfort and ease, and let me too have the satis faction of knowing, that you have for me, and at my expense, done something to this purpose so near my heart ; devise something or another that will be acceptable to her, and let her receive it as from me. You will oblige me in proportion as you can make it agreeable to her. Assure her of the unabated tenderness of my heart towards her, and let her not entertain a moment's anxiety on my account.I have hitherto heard not many particulars of you all ; but I hope I shall now be gratified on that interesting subject. My 344 THE LIFE OF nephews and nieces should indulge me with an account of the situ ation of the different branches of the family. I come now to an interesting subject indeed — my own children 1 How was I shocked at the charge of ingratitude for the kind care you and Mr. Silvester and Jane have taken of them ! Believe me, my dear sister, I am incapable of such a blackness of heart, and I shall always retain the most grateful sentiments for all their bene factors. God knows it is not a voluntary act of mine to leave them in the care of others ; and to vindicate myself against any suspicion of that nature, I am compelled to enter more minutely into my own situation than I would, on account of your sympa thetic feelings, have wished. Immediately on my arrival in Lon don, I consulted the ablest physicians on my unfortunate complaint, and they unanimously dissuaded me from an operation, from the danger it might subject the other eye to, encouraging me at the same time to hope that I might retain the sight of that all my life. In the autumn of 1780, however, I found a serious attack on the best eye, and within twenty-four hours, I found my sight so much impaired, that with glasses fitted for the advanced age of seventy- five I could see objects only as I did before with the naked eye. Still, the advice given me was against an operation, until it became absolutely inevitable by the total loss of sight. Judge of my situ ation, my dearest Jenny, and you will think I had some trial for my fortitude. I bless God, however, my spirits did not fail me ; I adjusted all my concerns as if I was going to leave the world, I disposed of all my papers as if 1 was never to see them more, with the most perfect composure. In this state of uncertainty and suspense between hope and fear, have I remained for three years. Would my friends wish to see me out of this suspense, by a trial which may terminate unfavora bly ? Is it not better to keep what I have left, than to run the risk of losing all ? True, it is possible I may never be worse, and could I be assured of it, I should then indeed not hesitate a moment about returning to my native country and to rid my friends of the trouble they have with my children. But in my present uncertainty, per haps before I had reached my native country and friends, I might be reduced to the necessity of returning hither, and in that case, judge what would be my situation in re-crossing the sea ! It may PETER VAN SCHAACK. 345 be said that the operation might be performed in America, and it was several times hinted to me, on account of the eminence of an operator at New-York ; but when, after some difficulty, I obtained a history of the cases in which he had performed, I found no great room for confidence : indeed my own opinion of him never was very high. You, my dearest sister, will feel the force of these em barrassments, between the dictates of parental family affection, and a prudent attention to myself, for while I am here, I have my remedy, if any there is, at hand. Still the former would have pre vailed, but for the unanimous opinion of my physicians and friends to the contrary. I do indeed hold up on all occasions, my determination of re turning to America, but it is always subject to the condition of my being out of suspense as to the fate of my eye. Indeed, after all, I may go out without undergoing the operation, if I should get moreconfidencet hat I shall not be worse than I now am. In short, I am in a state of uncertainty, and must be governed by events. A winter voyage, however, I cannot think of, for if any thing would make me worse, it would be the inquietudes, and the restless nights to which that would subject me. I did not mean to be so prolix, but really the fear that you might think I had acted petulantly, or wanted gratitude, or asked any thing unreasonably, forced me to this explanation. At any rate, my dear sister, let not the sins of the father be visited upon the children. You must remember me to all my relations as if I enumerated them all — to my mother, remember me in the most dutiful and most affectionate manner ! Heaven preserve you all ! Your affectionate Brother, P. V. S. TO HENRY VAN SCHAACK. London, 19th November, 1783. My dear Brother : Your letters by the Diomede and Favorite, I have received. I thank you for them, as well as for the papers. Your letter of the ¦ September merits great applause, not only in my opinion, but in that of a gentleman whose name I shall not at present men- 44 346 the life of tion. Upon fairly balancing all the evidence pro and con, I find no reason to alter those sentiments of what will be, which I enter tained early after the conclusion of peace, and for which I have had such severe raps over the knuckles. The little essay from Albany, does honor to the author. It was something like this 1 wished to set going very early. I suggested one mode, but it was probably thought too puerile to be worthy of notice. Men's tempers show themselves variously — one may be impatient, vehement and petu lant at neglect and inattention, in short, at matters which maybe prevented or remedied, while he views with a cool, philosophic eye, the general course of human events, and submits to the admin istration of Providence without murmuring, though not without sympathy for the distress which may fall upon individuals. Upon these occasions, the torrent indeed cannot be resisted all at once, but its violence, if it is not to be restrained, may be in some mea sure diverted, and the most insignificant individual who is well dis posed, may contribute a mite. God knows how fervently I wished the happiness of my native country, and how anxious I was that she should reap the genuine fruits of peace ; and if in any thing I proposed or suggested, I was influenced by romantic ideas, (under the name of exalted ones,) and thereby cheapened myself in the es timation of my friends, at least I can say this, that I did not err through want of a serious, dispassionate and candid consideration of the subject. It is easy to judge of what ought to have been done when it is too late; but I have endeavored, on every great change,! to anticipate, by considering how it might be improved to the best advantage, and by this means I save myself the mortification of regret, even when I find I have erred ; for, to use our talents (suchj as they are) diligently and fairly, is all we are accountable for. After what I have said, I trust I shall have some excuse from my correspondents, for having abated in the frequency and length of my letters. No man likes to be thought a visionary, and yet how often do we see sentiments, which are at first startled at, in a course of time become current and generally adopted ? When I find a man, who in the general thinks and acts rationally, advanc ing a proposition to which I cannot immediately assent, I own I cannot help paying a respectful deference to it, and doubting my own perception while it opposes his. Men are not distinguished PETER VAN SCHAACK. 347 from one another so much by the degrees of their abilities, as of their candor, and a freedom from bigotry, and I own to you, that I think, that in general the culture is more to be blamed than the soil. I am much hurt at the neglect of the S , which I am not conscious of deserving. I wish I knew the cause of his displea sure. If it has arisen from any thing that has happened since I left America, he has been misinformed. As to what existed be fore, you know it ; certain political ideas and opinions about a Certain character, &c. If I have been wrong, I cannot help it. I always judge according to my best abilities, such as they are, and I cannot renounce my reason, or suppress my sentiments, out of deference to any man in the world, be he who he may. I will hold intercourse with no man, but upon terms of perfect equality and independence. The prerogatives of age cannot extend so far as to deprive me of this right ; and I claim them not against my juniors or inferiors, nor, I hope, ever will. Reason and argument are the only weapons to be used on these occasions. Our old friend Col. B. R. sent for me the other day. He lives in a little box some miles out of town, in the plainest manner pos sible. I found him very unwell : what a reverse ! But, like the ancient temples of the gods, he is venerable, even in ruins. He is much noticed by the neighbors ; and that cheerfulness which feigned in the family of old, still continues in a great degree. I am happy in the opportunity of showing him marks of attention, on account of the old connection our family has had with him. I have been pretty particular in my inquiries of your friends into your habits of life, as well as David's, that I might derive ben efit to my own from the example of my elder brothers. 'Tis a common observation, founded in much truth, that a man must be his own physician at forty, or a fool. I have attended to what agrees and what disagrees with me ; and hope at the above period to escape the last of the adage. I live freely at dinner, but avoid suppers, and make a point of going cool to bed, if I sit up or walk about half the night till I become so. A regular habit of body is the great object I have perfectly attained, by attention ; such is the connection between soul and body. (See Mr. Locke's Treatise on Education.) A gentle dose of salts and manna (half an ounce of 348 THE LIFE OF each) every now and then, especially after generous living, I find very useful. Bathing the feet in lukewarm water at night, assists in- removing attacks upon the head, eyes and ears, by a revul sion — washing them in cold water in the morning I have practised by way of hardening them— keeping a perfectly clean skin assists perspiration. In short, that virtue cleanliness is the great preser vative against disease of every kind. I walk eight or ten miles before dinner with ease, and expose myself to all weathers, in the day time. Excuse this desultory account of myself. Whether it is the climate, or my management of myself, or both, I don't know ; but I am in perfect health and perfectly free from blue devils. Present my best regards to David, Mr.. Sedgwick, and all our friends about you. I am your affectionate brother, P. V. S. TO HENRY VAN SCHAACK. London, 1st Bee, 1783. My dear Brother : Our friends Mr. and Mrs. H. are at length arrived, and I am already embarked in his service. I trust I have evinced the sin cerity of my heart, and my warm gratitude for the favors he has shown you, by the manner in which I have tendered him my best offi ces. The amiable woman shall experience my strictest attention. My time, and the whole of my slender abilities shall be his. How ever wrapped up in my own concerns I may be thought to be, be assured, my dear brother, that no man existing devotes himself more to his friends than I do. For whom am I employed, often from morning to night, and what is my reward ? Many, many I trust would testify that I am not mercenary. My considerations of property are not to accumulate, but to save. According to Swift, " I have property in my head, not in my heart." This has kept me independent even in poverty. There might have been a little more indulgence, without any " excess of charity." Your account of the scarcity of goods at New- York, which would probably take place if the Effingham did not arrive, aston ishes every body but me ; — there too poor Pil-Garlic was hooted at, for giving an opinion at the time the ship was about sailing. Your affectionate brother and friend, P. V. S. PETER VAN SCHAACK. 349 ' Your observations about Mr. J.'s discrimination are dictated by benevolence, but are founded upon a perfection in human nature which is merely ideal. Who is it that can cast the first stone ? Suppose the event had been different. To find a race of beings free from passion, we must travel with Gulliver, and find out a land of Hounheims — but even they banished. Read the history of this virtuous nation. How often have the " sons been obliged to blush their fathers had been foes" to the best characters. We must distinguish abstract from practical perfection. All human excellence is but relative and comparative. Would I had been able to explain myself properly ! TO HENRY VAN SCHAACK. London, 14th Bee, 1783. My dear Brother : Long ere this I hope you are safely fixed at Pittsfield, and I trust that by this time the evacuation of New-York is completed — that bone of contention, that source of irritation and animosity re moved. I hope all parties will see the necessity of oblivion, and cultivate the arts of peace. This, however, must be a work of some time ; but every individual, in his sphere, should contribute his mite towards it. I cannot help still cherishing the hope of seeing America a happy country ; but when I speak of happiness, I mean it in a relative, a comparative sense. In comparing the situation of two countries, we are apt to look through different ends of the glass. For my part, I have endeavored to form my notions with candor and impartiality, and have never failed to consider both sides of the question. Such illiberality, such an un- philosophic view of this extensive business, even ^mong men of some education, and who have been in the world, I own I had no conception of. From what strange principles do men take even the right side ! It is my constant prayer that I may be preserved from unchari- tableness, and I bless God (I hope not pharisaically) that revenge, envy and hatred are strangers to my breast. A civil war is an epitome of all human wretchedness. The human heart will be shocked with the enormities we daily hear of, but the philosophic mind will not be surprised at them, because (so all history 350 the life of proves) they are natural, though sad concomitants of this dreadful visitation. The effects of an earthquake or a pestilence, do not more necessarily flow from their respective causes. If I could have expected such a magnanimous conduct, as some people stigmatize the Americans for being worse than other nations in not pursuing, if I could in short suppose that they would have acted from the pure dictates of reason without any mixture of passion, I should blush to have ever been in opposition to them. They would then have been what no other nation under heaven ever was. God forbid I should ever extenuate one instance of cruelty or injustice, but let us not draw inferences from them, beyond what they will fairly warrant. The imperfections of man accompany him in every situation he happens to be placed in. Let it be our endeavor to lessen, according to our several situations, the aggregate of human misery, and let us not catch that spirit of rancor which we condemn in others. The malignity of men can go but to a certain degree, and no farther, and let us rely on Providence with respect to its bounds. You may perhaps think this theoretic, abstract reasoning, and not consonant to that cast of temper you may have supposed me to possess, and therefore rather a momentary effusion of the heart, than a steady principle of conduct and character. If this is your idea, be assured you do not know me. The irregularities of my disposition extend only to those occurrences of life, where I think inconveniences might have been prevented by common attention and ordinary prudence, and do not break out in murmurs against the general course of human affairs, and the general economy and administration of Providence. In the first case, we may reason, object, and even censure; in the other, "to reason right, is to submit." You may think that I have labored these points, and dealt too much in egotism, but I wish you to know me such as I am, for I would neither have your good or bad opinion upon any other ground. I shall always be glad to have your reasonings, for by such a friendly and brotherly intercourse, we may mutually benefit each other. This state of existence is a transitory one ; neverthe less our obligations to society are great and extensive, and par ticularly so in the arduous scenes we have been and are engaged peter van schaack. 351 in. To acquire just principles, and a right manner of thinking, should be our object, for we shall yet have many occasions for self-examination, whether we are guided by reason, or hurried away by the impulse of passion. I believe I was never much actuated by party or personal enmity, but if I ever have been, these passions are now totally at an end, or swallowed up in the great object of the happiness of a country, which (not to mention the great and comprehensive principles of philanthropy and benevo lence) contains my nearest and dearest connections. Let me be seech you to seek contentment in your present situation, without any retrospect to the past, or any desire to change. It is wisdom rather to bear the ills you have, than fly to others you know not of. To make the best of our actual situation and present circumstances, instead of repining at what we have lost, or hankering after what we cannot attain, will be our plan. Life, altogether, is a strange business. I will endeavor to make the best of it, and strive to lessen, not to multiply its evils. You will not fail to remember me in the most affectionate man ner to our amiable friend Mr. S. to whom I wrote by Coupar. The Athenians dedicated a temple to clemency. If such a one should be built in America, I think our friend should be the high priest * Mitis posuit clement [A sedem, Et miseri fecere sacram Hue victi bellis, scelerumque errore nocentes, Conveniunt, pacemque rogant.t Let Harry and Francis have this scrap. Heaven bless you all ! Yours most warmly, P. V. S. TO HENRY VAN SCHAACK. London, 31st Becember, 1783. My dear Brother : I write this via Phila., to acquaint you with the safe arrival of your papers by Col. L. I long to hear from you after your arrival * The friend alluded to is Theodore Sedgwick. \ I wish you would contrive to let the boys read Shakspeare's Measure for Measure, and the Merchant of Venice, for the sake of some passages, breathing this sort of spirit. — Excuse these puerilities if you think them so. Let the boys' heads be as strong as they please, but let their hearts be soft. 352 THE LIFE OF at your place of abode. These people will immortalize themselves by a liberal conduct. I hope I shall have many materials to ex patiate upon, in support of ideas I have in all companies advanced,' in favor of their national character. Much obloquy have I incurred by it. The peaceable, orderly manner in which possession was taken of New-York, has fulfilled my predictions ; but I was Cas sandra. I shall really not know what to do with the remittances. All should not be embarked in one bottom. The lot on the wharf, in a city that bids fair to be a distinguished one in the world, in which if I do not, some of the children will probably live, was what I wished. 1 have written to Mr. N. C. to waive the purchase, and between you and me I would give him any reasonable sum to do it. I cannot help my manner of thinking, but that must be my guide, erroneous as it may be. If I am wrong, and those right, who have been so eager to remit all they could to this country, they may congratulate themselves on their sagacity, but for my part, I would rather my little property was at New-York than here. Amazing quantities of dollars have been sent hitherto from Yew-York, and I am told large sums from Boston also ! Your strictures upon 's letter are natural enough ; and the last upon " not many" is just — the other passage I think is not al together exceptionable. Before we condemn a man's conduct or sentiments in an arduous situation, we must make it our own. We must not try other people by those rules of perfection we fall so1 much short of ourselves. You know my sentiments on these sub jects so fully, that I need not explain. I have been a little mortified by , being taxed by some of your best friends, with having held very vision ary doctrines. In epistolary correspondences, much is left to the person written to. A man cannot always express all the qualifica tions, explanations, restrictions, illustrations, &c, which, were he to address the public, he would be bound to do. His friend will supply these if he can ; if he cannot, he will suppress the whole. Language at best has its difficulties, as the medium to convey ideas upon delicate subjects. People who have been in the habits of familiar intercourse, both in writing and speaking, know each other's style. The same expressions to them or to strangers, will receive very different constructions. In a series of letters for a length of. PETER VAN SCHAACK. 353 time, parts are not to be taken in a detached manner, but the whole in connection. For some such reasons I have avoided writ ing to many valuable friends. All do not understand the force of language. To my brothers, I thought I could confide my inmost thoughts. They would know what might be mentioned, and what ought to be suppressed. In both the one and the other my reputation would be consulted. Your very tender mention of my dear boy, has greatly affected my sensibility. By that you do me more essential services than by sending me guineas. My affectionate regard to all friends. Yours affectionately, P. V. S. TO HENRY VAN SCHAACK. London, 30th Becember, 1783. My dear Brother : As I shall be uncommonly engaged, in consequence of the ar rivals from New -York, I will immediately begin a letter to you in my old-fashioned way, and acknowledge the receipt of your letters by Dr. J. and Col. L. with a bundle of papers. What you say of Mrs. R., &c, was a thunder-clap to me. But I will not regret what I have done, embarked as I have been, with my usual zeal for my friends, in his cause. I paid a tribute to old remembrances and former friendships. I have gratified feelings not ungenerous. I envy not the feelings, or the want of feeling, of those who can receive favors they do not merit. We owe obliga tions to society, as such, independent of personal considerations. ,"4It is not sufficient, that we refuse to do acts of kindness in our sphere to 'individuals, because they have not done such to us. If gratitude and retribution were to be our only motives to acts of beneficence, what would become of the amiable virtues of benevolence and phi lanthropy ? Who would be the first mover ? " On mutual wants build mutual happiness," is the essence of society. I dare say many persons have been kind to my children and connections, to whom ¦ I shall never be able to repay their favors. I have, indeed, like you, seen the deformed parts of human nature, but these instances have rather melted my heart with pity, (for are they not our fellow creatures ?) than hardened it with misanthropy. I can hate the vice while I commiserate the agent. What we call prosperous, we see 45 354 the life op villains every day ; but we know not the tax they pay for their prosperity. Well says the admirable poet : "Alas! not dazzled with their noontide ray, Compute the morn and evening to the day," How I long to be with you. Little jarrings I expect could not be avoided, but I trust they would only serve to make the harmony more complete. If my letters appear unimportant, you will at least excuse them, when you consider that they amuse, soothe or disburthen my mind, as they supply the place of a personal and more endearing intercourse. I am often pensive, sometimes un happy, frequently vexed, but seldom, if ever, gloomy. Of the aggregate of human misery, I think (and I bless God for it) I have not an undue share. Heaven bless you all. Yours ever, P. V. S. FROM HENRY VAN SCHAACK. Richmond, Jan. 10th, 1784. My dear Brother : I wrote you soon after I arrived at G. Barrington. The day following David and I had our trial before two justices, upon the exclusion acts, and I am happy to inform you, that it was judged we did not come within the description of that law, whereupon we took an oath of fidelity to this Commonwealth. As my business lays here, I removed immediately up from the lower part of the county. As soon as I came, the people of all ranks, with very few exceptions, flocked to me, and I can with truth say, that I am now much happier than 1 have been since the year 1776. All is peace. Decency, order and sobriety, seem to prevail as much as if there had been no civil war. I never in my life saw any people come so nearly to the morality of Swift's Hounheims as my pre sent townsmen. Fortunately for me, that my character as a trader, and my reputation as a magistrate, among them, was uni versally well spoken of, and when contrasted with the new men at Kinderhook, it gives me more weight and consequence, and this you will be the more surprised at, when I tell you that the greater number of the inhabitants owed me before the war, and their ac counts stood open when I came here, which I am now daily clo sing, and those who owe me allow interest as cheerfully as if my PETER VAN SCHAACK. 355 demands were in bonds and notes. We have no house-breaking, robberies, cursing, swearing, tavern-haunting, or scarce a scene of immorality. I am entreated by every town where I am acquainted in this county, to take up my residence and engage in trade. Was I about thirty years old, I know of no fairer prospect to accumulate wealth, either in the wholesale or retailing way. But as I need not involve myself again, having got pretty well through my debts, I believe I shall not in a great hurry be indebted in large sums for the future. Besides, my affairs stand much better than I feared they would when I left New-York. The patrimonial estate, too, wears a more flattering aspect than I had reason to believe. Be assured, I shall separate the tares from the corn, and take care of the latter for you. I have put out two hundred pounds lawful of your children's money, to the town of Stockbridge, the committee consisting of Timothy Edwards, J. Woodbridge and Elijah Brown, Esquires. The rest of the money I shall do with, after a little in quiry, as shall seem most beneficial to the children and you, for I can get the best security here for money, and that so as to receive the interest punctually. These considerations will hinder me from remitting any more of the children's money to England, especially as law, order, and good government now universally prevail. This Commonwealth has to boast, what perhaps no people on earth could ever say before, and which is, that they have been the prop of the confederacy in carrying on the war, and after a strug gle of seven years, they have established a good government, and never executed a single man for' his political principles. When this fact is handed down to posterity, by the faithful pages of his tory, ages hence will rank the Massachusetts among the first people in the world. This is a theme I could be copious on, but business forbids it. Your affectionate brother, Henry Van Schaack. TO HENRY VAN SCHAACK. London, 21th May, 1784. My dear Brother : I have already written you a very long letter by Coupar, but as my excursion into the country is put off for the present, I will give you a few paragraphs more. 356 THELIFEOF . The people in the State of New-York are much censured for their rigor, while the other States are almost every one relaxing. This is certainly bad policy. As a State, there are many jealous eyes fixed upon them — they need not increase the number of their enemies. I have almost come to a determination to spend my days in the Massachusetts commonwealth, of the order and. good government of which you give me so very pleasing an account. Our family were always upon the best terms with the people of that State, and during my exile, I own to you my affections to them were much strengthened. To know the excellence of their police, and their virtue as a people, you should have been in Europe ; the comparison would strike you very forcibly. Alas ! you can have no conception of the state of things in the Old World. I am much importuned to go to the new settlements in Nova Scotia, &c, and I have no doubt but I could get some appointment over and above the flattering prospects which are held up to me in the line of my profession. For a moment 1 am captivated with these suggestions, but my heart still turns to my friends and con nections. Wealth I have really no desire of possessing, nor will I ever resume my profession, unless I should again form a domestic connection. Upon that subject I am quite free, and mean to remain so till I get back to my native country, or am settled elsewhere. That I have sometimes had my sensibility awakened, you will easily imagine ; but nothing serious as you seem to have supposed. Tell my friend S. to look out for me. Remember me affectionately to all my friends, to Jane particu larly. Your affectionate brother and friend, P. V. Schaack. I am now studying the constitution of your commonwealth, and shall be glad occasionally to have your remarks upon the execution of this fine piece of political mechanism, and the courts of justice, and the administration of the laws. TO THE SAME. London, 8th June, 1784. My dear Brother : I was made very happy with your letter by the packet, which I shall answer in the sequel. You have not made me a convert, by your arguments about the PETER VAN SCHAACK. 357 method of dealing with some people. I must persist in my own system, until I find that I shall better promote my happiness by altering it. You say, " pity it is that I am so far advanced in life, that I have not a reasonable prospect of being benefited," &c. Excuse me, but this is an unphilosophic reflection. You have no reason to complain of your natural or acquired endowments ; you have your full share. Would you wish for a still greater pre eminence over many of your fellow-creatures, or do you wish that they should be advanced in the same proportion with yourself? Is not the first a little selfish, and as to the last, does it not defeat the very purpose of your wish by leaving the relative proportion, or rather disproportion, the same ? Besides, the more one knows, the more does he perceive the follies of his fellow-beings, and the more is he shocked with them. "Painful pre-eminence ! yourself to view Above life's weakness and its comforts too !" I find I am sliding into Pope's system of optimism, which, however, in fact is the doctrine of my mind, and the result of my reasoning and experience. The Essay on Man has its exceptionable parts, but it is a noble performance. By the way, I could wish you to select some of its beauties, and occasionally point them out to your namesake; a few lines at a time properly explained, would give him a relish for those fine strokes with which some of our poets abound. I suppose you are too deeply involved in business to read much ; but sometimes recurring to those performances from which in earlier life you derived pleasure, will renew the pleasing effect. You was an admirer of Shakspeare. I wish Harry may be so, though I own I rather admire him in parts, than in the whole ; his gold is mixed with much dross, but then it is of the finest standard. I have not seen so much of H — as I wished. This town is so very extensive, and my acquaintances so numerous and at such great distances from me, that I cannot keep up a regular course of visiting, especially as I spend great part of my mornings at home, and do not go out like some people and saunter away from break fast time till dinner. Besides,! have acquaintances almost in every direction from the metropolis for twelve miles around it, whom, in this fine season, it is conducive to health, as well as amusement, to 358 THE LIFE of visit. Some of my friends may think me remiss in the article of visiting, but none of them I trust will charge me with neglect when business enabled me to do them service. As I occasionally mention our country-folks of merit, let me do justice to Mrs. Church, General Schuyler's daughter, an elegant, amiable woman. I waited upon her as my countrywoman, -and left a card, after which I met her in a little party, wiien she told me Mr. C. would have returned my visit if he had known my address. Since that, I have spent an evening, and am to dine with her to-morrow, and in the evening shall be one of a large party to Vauxhall. I was much pleased, indeed, with the polite, easy and friendly reception I met with from this lady, and the more so from the prejudices I imagined she might have taken up against me. The mind that can overcome prejudices must have merit. For my part, I declare I have enmity to no human being ; I will not disturb the tranquillity of my heart or its enjoyments, by any of the malignant passions. Perfect or unmixed there is no charac ter, and I will rather find out the favorable, than the unfavorable traits ; I trust, however, I know where to bestow my esteem, while I give my good will to all. This little chit-chat, I hope, will not be tiresome to you ; I am happy that the time is arrived when we can substitute it for the more important, though more dreadful events of war and contention. Adieu. My affectionate remembrance to my mother, and all my brothers and sisters as if named. Yours sincerely, P. V. S. TO THE SAME. London, 30th June, 1784. My dear Brother : I have received your several letters down to the 17th May. I shall not, I believe, be able to do any thing with your memoran dum. The idea here is that America is overstocked with goods, for which she never will be able to pay. It is supposed to be a land of misery, inhabited by beggars without law or government ; and because I will not believe this, and all the d d execrable nonsense which has come from New- York for these five years past, I am abused as an apostate. We have very direct intelligence PETER VAN SCHAACK. 359 that New-York is depopulated, that you walk the streets for hours without meeting a living creature, except now and then a half- starved poor devil, that nobody ever saw before, and who, like a mushroom, has popped out of the dunghill of R — 1 — n. In this country, all is wealth and happiness ! Your observations upon the propensity to the plaintive and pathetic in our family, is I believe well founded, nor does it lessen them in my opinion on that score. People of sensibility cannot bear inattentions. Reverse the picture. Suppose them insensible of neglects and slights, and what good is to be expected from them ? My not mentioning my friends by name is easily accounted for, and I have reasoned upon the subject to Mrs. Silvester, to my own conviction, and that, I hope, of others. Remember me affectionately to my mother and all my rela tions, particularly to your wife, whom I love with the affection of a brother. Yours sincerely, P. V. S. FROM FRANCIS SILVESTER. Kinderhook, 14th May, 1784. Honored Sir : I was made particularly happy on the receipt of your letter, and more so as it was the first I ever received from you. How happens it that I always shed tears when I read your letters? Can it proceed from the peculiar sensibility I feel in perusing them, or from your pathetic manner of expression ? I cannot tell which. I hope I may always continue to merit your esteem, but what ever may be my fortune that way, I shall endeavor to. Your advice is very salutary, and it shall not be wanting in me to put it into practice. The information you received about the friendship and harmony in which Harry and myself live, is truth pure and unadulterated ; our friendship is mutual. Your candor, sir, is equal to your merit, and demands my warmest thanks. Uncle David and uncle Harry are returned from B m. 'Universal marks of joy were manifested on the occasion. I hope your return will not be long hence. My grandmamma seems to ; wish for almost nothing else but to see you. I am sensible you are touched to the heart, when the least mention is made of your 360 THE LIFE OF mother ; every letter/that you have written proves the truth of this assertion ; and whenever you are spoken of she sheds a tear. Little Cornelius is her favorite ; she convinces him of her affection by giving him a small present, as Indian sugar, cookies, &c. ; and if she has nothing else, she gives him a kiss — " oscula libavit." The same love she shows to little Betsey, though not in so great a « degree ; Betsey wants not for friends. They are all well. * Harry has received his gun and watch. You say in his letter, " he must not show the least signs of vanity." I can assure you, with a great deal of pleasure, that he is extremely modest with it, rather too much so. All our friends are well, and join in love and affection to you. May the blessings of Heaven be plentifully poured on your head ; and peace be your portion in this life, and endless felicity in that to come ; is the sincere wish and ardent prayer of, sir, Your dutiful and affectionate nephew, Francis Silvester. TO FRANCIS SILVESTER. London, 11th August, 1784. My dear Francis : I was afraid I should not have been able to write to you by this ship, as I am just going out of town for a few weeks; but your last letter is so good a one, that I cannot resist the pleasure of telling you, how much I was pleased with it. Praise to an ingen uous mind, is an incentive to good actions, and to a perseverance in the line of meritorious conduct ; and such I am confident will be its effects upon you. Consult your own heart, my dear Francis, and you will find such a pleasure resulting from the practice of virtue, and the improvement of your mind to that end, that I am confident you will never deviate from the principles you have hith erto pursued. It is of the studies which contribute to these noble purposes, that Tully says, hcec studia adolescentiam alunt, senectu- tem delectant — you know the rest, and can fill up this blank. « I shall hope to hear from you as often as you have leisure, and the more circumstantial you are, in your account of the course of your studies, the more acceptable will your letters be. Let me peter van schaack. 361 recommend attention to you, and that will enable you at once to profit by your studies, and to render a satisfactory account of them to others. Conversation with your companions, and comparing your observations with theirs upon what you have been reading, will greatly strengthen your memory. You should never read a vbook, without being able to extract some useful remarks out of it. Jf it should be so barren as to contain none such, then you should make i strictures and criticisms upon it. I am sorry there are any books of the last description, but it is in our day as it was in Ho race's ; scribimus docti, indoctique. Every Saturday, you should take a retrospect to what you have been doing in the course of the week, and reflect how much you have added to the stock of your knowledge, since Monday morning. When any good observations occur to you, or if you hear any from your companions, commit them to paper ; so with regard to any doubts or difficulties, which may arise in the course of your reading or reflection. Be very free in stating them to me, or any other of your friends. What is your opinion of the conduct of the first Brutus, in passing sen tence upon his own children, and of the other, in putting Caesar to death? I was very much pleased with your pretty quotation of the osatla libavit of Virgil, as that and other circumstances lead me to think you are fond of that sweet, admirable poet. You are doubt less charmed with the lines on Marcellus, in the sixth book, and you must read the notes to explain the occasion of them. The story of Nysus and Euryalus, I dare say engaged your attention and sympathy. You will be so kind as to make an apology for my riot writing to your sister, Peter Van Alen, and your cousin Polly V. S., to whom I am under obligations for their obliging let ters, which must from necessity remain unanswered for the pre sent. Remember me in the most dutiful manner to your grand mamma. I send a small globe for the use of your cousin Harry and your- 4 self, if you are together, otherwise I will send another, with any books or mathematical apparatus which you will point out. I am, my dear Francis, Your affectionate uncle, Peter Van Schaack. 46 362 THE LIFE of TO HENRY VAN SCHAACK. London, 10th July, 1784. My dear Brother : By Mr. Kemble, who sailed from the Downs the 6th, in the Resolution,. I have written you in answer to your favors down to the May. Captain Stout, by whom your letters came, had a passage of only twenty days to Portsmouth, as the packet had of nineteen to Falmouth. I took an early opportunity after the peace, to hint that my . peculiar situation, I thought, if properly considered, would entitle me to the interposition of government in our State, to get me ex empted from the penalties of the act ; but you have never taken any notice of this matter in any of your letters, further than saying that you would speak to some of my friends. I hear Governor C. says there is no impediment to my return, as he exchanged me as a British prisoner ; but you will find by the act, that as the Com missioners have recorded me with the rest, the executive power could not free me from the penalties consequential to that measure, as that would be exercising a dispensing power in the face of a sentence founded on a legislative act. You will recollect what passed between me and the Commissioners, who, I should think, would do me justice on the occasion. I think my case, under all its circumstances, affords an opportunity of doing something hand some in the manner of my recall — it ought not to be blended with others. It does not become me to suggest particulars, but if my friends are as attentive to me as I should be to them, it will be un necessary to say any thing more upon the subject. You should be pretty early with all your memorandums, that I may have time to fill them in the spring. I never had a more firm determination on any subject, than to go over next May ; I believe in the packet. I trust Providence will spare my life, to enable me once more to embrace my dear friends at Kinderhook. My mother, I have my fears about. God bless you all ! Yours affectionately, P. V. S. PETER VAN SCHAACK. 363 TO PETER SILVESTER. London, 15th August, 1784. My dear Sir : I have lately written to you, but recollect that I took no notice of something you say of a pair of globes. The misfortune is, that I am now on the eve of departing on a journey to Yorkshire, and your letters with my other papers are packed up, so that I cannot recur to what you said upon the subject. If you have leisure, pray say something of the causes of most consequence which have lately been decided, or which will be sub judice, when I hope to arrive next summer, (which by the by T shall endeavor to do before the circuit.) Any issues in law, upon demurrers, special pleadings, or special verdicts, grounded upon the construction of the old or of the new laws, I should be glad to have a short state of. I have not read much law since I have been here, but one or two cases in which I was consulted, I sifted to the bottom ; nor have I attended the courts sufficiently to form any accurate observations. This winter 1 shall perhaps devote a little more of my time to professional information ; but it is not my intention to resume my practice even if I should be permit ted to do so. I am very much flattered, with the friendly disposition which you mention to be entertained for me by some respectable charac ters in the State of New- York, particularly Judge Yates, whom I ever considered as a man of a clear, and a strong head ; and I doubt not but he fills his office with ability and uprightness. If be again mentions my name, pray present my best compliments to him. Mr. Cruger informs me that Judge Hobart has also spoke favorably of me. The Governor, I shall write to ; as I feel myself under great obligations to him, for his recollection of what passed between him and me when I saw him last, and for his determination to act up to it. His manly, spirited, and consistent conduct, as the chief magistrate of the State, is often mentioned here in a very hon orable way. I assure you, I promise myself much happiness in my native country, of which I shall endeavor to make myself a useful member of society, as far as my contracted sphere will ad mit -of. For my part I have no enmities, political or personal, and' 364 THE LIFE OF I trust I shall be allowed to begin de novo, and to be tested by my future conduct, without a retrospect to what is past ; for, between you and me, the most distant appearance of a retraction of principle I never will submit to, be the consequence what it may. If my old principles of government in general, applied to the present establishment, are supposed incompatible with its welfare, and will render me an object of jealousy or suspicion, I shall bid adieu to the State of New- York, as much as I shall continue to wish its pros perity. I would wish to know the terms upon which I am to be admit ted, before I land at New-York, and enter upon my citizenship ; for doubts upon this subject would be unpleasant companions upon my passage, and I mention this so early, that, my friends may have time to write me explicitly about a matter in which my feel ings are deeply interested. I think the less my relations and par ticular friends say about me at present, except confidentially to some of the principal characters, the better. About the month of January, my return may be more publicly mentioned. Perhaps you will think, I make myself of much more consequence than I am ; but I think I have reasons to exculpate me, if I could enter fully into them. I have certain ideas of a consistency of character which I would wish to act up to; not for the sake of public ap plause, (that I neither wish nor could hope to obtain,) but for the gratification of my own mind. I find 1 have great pride, but its objects are not the objects of either wealth or ambition. Adieu ! my tenderest remembrance to my mother my sister and the children. Yours affectionately, P. V. S. FROM HENRY VAN SCHAACK. My dear Brother : Your several letters of the 19th and 27th May, 30th June, 10th and 21st July, remain all unanswered, owing to want of time and want of health, and the want of the latter makes writing and reading painful to me in the extreme. I scarce ever take up my pen but when I am compelled to write, which, by the by, is almost every day of my life, and so many concerns have I on my PETER VAN SCHAACK. 365 hands, that I can never go abroad for recreation but my amuse ments are clogged with business of my own, or the paternal estate. Besides all this, since the month of May, we moved out our effects twice ; once to Stockbridge, and since, from there to this place. Here I have made an advantageous purchase, and live in the midst of those who owe. I have made some other purchases about me, and I have a number of mortgages in the neighborhood, so that, in all probability, I shall be a considerable landholder in a little time. The farm I live on I bought for four hundred seventy-four pounds York money, and contains eighty-six acres good land, with a tolerable good house, barn, and a young orchard, and a pleasant lake in sight of me. In my life-time, I never lived among a more civil, obliging people. During my residence in Richmond I never was a witness to swearing, drunkenness, or a breach of Sabbath, or, in short, any flagrant trespass upon morality. A purse of gold hung up in the public streets, would be as safe from our inhabitants as it used to be in the great Alfred's time. Beggars and vagrants we are strangers to, as well as overbearing, purse- proud scoundrels. Provisions we abound in — beef, veal, mutton and lamb, in the spring, summer and fall, we buy at 2d. lawful per pound ; in winter, beef and mutton 2}d. and 3d. — every thing else in proportion, and very plenty. I throw out this by way of bait to get you here, and of caution not to determine upon a resi dence elsewhere. I have just returned from Vermont. I took your son Harry and F. Silvester in my sleigh, who, as well as myself, were much pleased with the jaunt. We met with agreeable society and very good fare. In Bennington, we lived in a style much beyond what I had any conception of, and so we did in Manchester, about twen ty-five miles farther. We paid our respects in going and returning to his excellency Governor Chittenden, who is a conversant, plea sant old gentleman, and as much superior to what I had conceived of him, as the town of Bennington exceeds Kinderhook, in the ele gance and taste of building and living. In travelling sixty-four miles and back again, four days out, lived extraordinary well all the time, and among other things, dined upon boiled turkey and oyster sauce, at Manchester. The whole expense of our bill while we were out, horse-keeping in the bargain, was twenty-six shil- 366 THE LIFE of lings eight pence York money apiece. Add to the advantages of travelling, that your person and property on the road and in the inns are perfectly safe. Murders, robberies, burglaries or petty larcenies, are scarce heard of in this country. So perfectly am I satisfied with the manners, customs and laws of this common wealth, that I would not exchange for any other I know of in the world. It will be difficult for you to believe, at so great a distance, that immediately after the horrors of a civil war, the new govern ment should have force and energy, the morals and religion of the inhabitants apparently as pure and uncorrupt as they were at their best, a number of years before the late distractions. It is surpri sing that no more people in middling stations of life do not leave the old world and come hither. It is true, the public calamities have brought heavy burthens, but these become lighter, and will be more and more so every year. The epitome of human misery (I mean the civil war) in this country, has been accompanied with a failure of crops for some years back, which have added to the sufferings of the inhabitants. The last season has been an extra ordinary one for the farmers to get their grain in the ground, and thus far every thing promises well, as the ground has been covered with snow since the middle of December last. If any of your friends wish to migrate, by way of inducement, you may assure them that lands are cheap and good in Berkshire. Building materials of every sort in great plenty. All that I now want in this my delightful retreat, is a few people of your cast about me. Come over to us, and we will meet with such cordi ality, love and friendship, that we shall, in our brotherly embraces, forget that we ever differed upon any single point. Your affectionate brother, Henry Van Schaack. TO DAVID VAN SCHAACK. Beverley, Yorkshire, 26th Sept., 1784 My dear Brother : Your letter of the 20th July, was forwarded to me from Lon don to this place, where I have been a month, and shall remain some time longer. PETER VAN SCHAACK. 367 What you say of the mansion house, my dear David, gives me pleasure. With all my petulance, I would not have found fault, had you upon the spot determined to sell it ; and I shall still acquiesce do as you like ; but I own my heart is a little engaged in this mat ter, and I have sensations towards that place which I cannot ex press. It would hurt me to see it in the hands of a stranger. This may be weakness ; but it is from these little weaknesses that our greatest pleasures flow. Philosophy teaches us to bear the ills of life with fortitude, but does not require of us insensibility to the innocent enjoyments of it. You know my finances, and there fore will be able to judge how far I can afford to take this place. I must live upon my interest, for I dare not rest any hopes upon my being able to practice, the situation of my eyesight being so very precarious. It answers my present purpose well enough, but were I to go into business, I know myself so well, that I could not con fine myself to a moderate share of reading or writing ; and I might, by an excess of either, precipitate a crisis, which I owe it to myself to keep off as long as possible. Nevertheless, I intend to devote more of my time this winter than I have yet done, to my profes sion : but my friends, I fear, will be much disappointed in their ex pectations of the improvements I have made under those advan tages which they probably suppose I have had by being in England. However, such as I am, I hope they will be satisfied with me. I spend my time very pleasantly here, and in the neighborhood of this place, which is near two hundred miles from London, and am in the most perfect health and spirits. My chief time is spent among the ladies, who are very polite, sociable, and therefore agreeable : by this means, I enjoy a very pleasing relaxation, in a wholesome country air, and having a riding-horse and a carriage whenever I choose to command either, I take a wonderful deal of exercise. The women are very numerous, and I mix in their little parties, old and young, and am grave or merry according to the humor of my company. The pleasing hope of soon seeing my native country is an exhaustless source of spirits to me, while my cheerfulness is probably imputed to a native flow of good humor, which I fear you will not allow me to be entitled to. At any rate, I flatter myself the people I associate with are pleased to see me so happy in their society. I travel with a disposition to be pleased, 368 • THELIFEOF and do not, like some of our countrymen, find fault with what I cannot menu". This is a fine country, and almost throughout a perfect garden. You can have no conception how highly culti vated and improved it is : but I will be bold to say, that a benevo lent mind wilffind more real, rational gratification in America. I have been more than once complimented upon my candor in comparing the two countries together, as well as to the natural as the social advantages of either. Prejudice I abhor. You make me very happy by telling me how well my mother is, and how satisfactorily situated with that, best of women, our sister P. ; and you may be sure, I feel sincere pleasure in the ac count you give of her worthy husband's getting ahead, in these untoward times. To make the evening of our aged parent's life easy and happy, should be the object of us all ; and for my part, I give unlimited power to contribute towards it from my little stock, and I entreat you to be my almoner upon this occasion, or any other that you think a proper one, for bestowing a seasonable relief. We ought to make it as easy as possible to our sister, in taking a charge upon her which is equally the duty of us all. We have all reason to be thankful for our condition in life, and to whom do we owe it ? I hope Coupar will bring me letters — I don't like chasms in correspondences; they should be chains in which every link is preserved. Their continuity and connection gives them all their strength. God bless you, my dear David and Catharine ; and remember me most tenderly to my mother and all friends. Yours affectionately, P. V. S. PETER VAN SCHAACK. 369 CHAPTER XVII. It was an admirable commentary upon the interesting and eloquent letters written by Mr. Van Schaack from England to his connections in America, contained in the letter to him from his young American friend, who had enjoyed the perusal of many of those letters at the time — " How happens it that I always shed tears when I read your letters ? Can it proceed from the peculiar sensibility I feel in perusing them, or from your pathetic manner of expression ? I cannot tell which." We scarcely know which most to admire, the merit of epistolary productions which could make so pleasing an impression upon a youthful mind, or the touching simplicity of language and expression, with which an idea of that impression is conveyed, by his young correspondent. The author will make no apology for having given to those letters so large a place in this work. When, in connection with their peru sal, it is stated, that Peter Van Schaack was a man of sincerity and of candor ; that the expressions contained in these letters are not mere unmeaning phrases, but that the existence, in their author, of the amiable traits of character which they imply, was demonstrated by a pure and unsophisticated life and practice of fourscore years, — the reader will appreciate their value, in forming an estimate of the character of Peter Van Schaack. A few letters to and from par- , ticular friends will now be given, and these will close his corres pondence from England. TO THEODORE SEDGWICK. London, 23d Oct., 1783. My dear Sir : I have often taken up my pen to write to you, but so many subjects have occurred upon which I wished to enlarge, that I 47 *v 370 THE LIFE OF have been discouraged by the great variety, and the difficulty of making a choice of any — ter cecidere manus. My brother sent me two letters with which you have honored him, in which I am happy to find such marked traits of the well- , known character of my liberal-minded friend. My brothers, I hope, are by this time settled near you. They engage much of my anxiety ; but my hopes, though mingled with fears and apprehen sions, will preponderate. It cannot be, that men whose confidence and friendship we formerly had, and with whom we have so long lived in habits of friendly intercourse, should bear any animosity to us, or retain any jealousies, when the objects of them (however well founded heretofore) are now no longer in existence. Such are the feelings of my mind on this occasion, that I should be happy to be put to the ordeal. There is nothing certain in this life, but in this case I have an animated assurance, upon which I would stake my fate. I shall not, I believe, write to them till I hear of their situation ; which you will be pleased to mention, with an acknowledgment of the favor of their late letters, one of which was particularly interesting. My own destiny is yet undecided, and must depend on future events^ At present, I think of going out next spring ; but where is yet uncertain. The measures adopted after the evacuation, will decide the point. Till that event, I own that I, who endeavor to view things upon a large scale, and never condemn any man or set of men without putting myself in their situation, and without judging of them as I would be judged of, do not think that any systematic proceedings can be expected. I hold any judgment of the future founded upon the present proceedings only, and without regard to the great constituent principles of human nature, to be quite premature. I expect from my countrymen at large, the conduct of men, not of angels or demons, philosophers or savages. But enough of this. You will easily suppose when you consult your own heart, who the chief objects of my anxiety are, during this painful absence. I am not actuated by ambitious views with respect to my children ; and if I have a wish that my son should be a man of letters and abilities, it is^ I do assure you, but secondary to the consideration of morals and a good disposition. To promote this, as conducive PETER VAN SCHAACK. 371 to the happiness of a child, ought to be the first object, as it is the first duty of a parent. It may perhaps seem strange, but I own that if there is a difference between the parental and filial obliga tion, in my opinion the former is the greatest. Science and learn ing, unless they are the handmaids of virtue, and by that avenue, to happiness, are, I think, mere sounds. This general idea I could wish to be the polar star, by which the education of my children should be directed. In your company, my dear sir, and in that of your favored friends, I could wish my dear boy might sometimes be admitted. I want his mind to be enlarged by a liberal way of thinking ; and his heart dilated by an extensive charity, free from bigotry or prejudice. Times like those we have lived in, will often warp and contract even well-disposed minds. We should guard the rising generation against this pernicious influence of passion. We should rather hold up to them, examples of those who have nobly sacrificed prejudice and enmity at the shrine of benevolence, charity, and humanity. The mutual kindness of Milton and Dave- nant, though opponents in the civil commotions, Addison's friend ship to Swift, Caesar's conduct towards Marcellus, on which Cicero passes so beautiful an encomium ; and Augustus's fondness of Horace, though he had been his avowed enemy and served un der Brutus, afford such pictures as we can behold with compla cency. But, I am again exceeding the proper bounds of a letter ; let me only add, that I wish my boy to be introduced to Mrs. S. and her female friends. I am almost afraid to inquire about a certain old lady, for whom I ever held the highest veneration. My re spectful compliments to Mrs. Sedgwick, and with my most sincere prayers for the happiness of you both, believe me, my dear sir, Your warm friend, P. V. S. When you see Mr. 0. W., tell him how sensible I am of his kind remembrance. FROM GOUVERNEUR MORRIS. Philadelphia, 1st Oct., 1783. Bear Sir : I received the letter which you was so kind as to write by Mr. Mullet I had very little opportunity to enjoy the pleasure of his 372 THE LIFE OF company. His engagements and mine fully occupied our time, and were of so different a nature as seldom to bring us together ; however, I hope on his return from Boston, to be more fortunate. You say that if gives you pleasure to remember your early friendships : this I am not surprised at, for, in truth, we meet with little else of friendship to remember. The after-connections of life, generally have some other base. My own heart, worn by the suc cession of objects which have invaded it, looks back with more than female fondness towards the connections of earlier days. But these things are past. Labantur, labantur anni. I need not tell you that I lamented your departure from your native country ; you know my sentiments on that subject. What has happened since, was then present to my mind ; but for your consolation, I will venture to say, (spite of contrary appearances,) that the rage against loyalists will soon give place to more favor able sentiments. Time shall be my judge. Adieu. Time is al ready an inexorable judge, and bids me quit the pleasure of con versing with you. Adieu. Believe me, sincerely, Yours, Gouv. Morris. TO GOUVERNEUR MORRIS. London, 15th March, 1784. Dear Sir: I received your letter with very sincere pleasure, not only because it assured me of the continuance of your friendship, but because it breathes the same spirit of liberality and philanthropy, for which I have always admired your character. I own to you, my friend, that oblivion and conciliation are the great objects of my incessant, most fervent wish. Whether in this I am influenced by selfish, sinister, or partial considerations ; or whether I may claim a more enlarged and more comprehensive principle, which is directed towards the happiness of my native country, I will not pretend to say ; but if I know my own heart, I think I can abstract self entirely from this great question, at least I have endeavored to do it I feel the less embarrassment to speak my sentiments on what I conceive would conduce to the happiness of America, because I consider myself as a citizen of the world ; and though inclination would lead me, and near connections strongly draw me PETER VAN SCHAACK. 373 to that country ; yet necessity does not compel me to make it my residence. Exile, my dear sir, is a severe dispensation, and re quires every effort of philosophy to sustain it, more especially when the habits and manners of the country we are proscribed from, independent of the natale solum, are congenial to our own cast of mind and peculiar way of thinking. This, in comparing the state of society in our country, as being less distant from that middle line between uncivilized life and the refinements of luxury, with its more advanced progress in the old world, is an aggravation I feel very strongly. I am not, however, without my consolations, and with an habitual disposition to make the best of my situation, what ever it may be, and from a general principle pretty strongly tinctured with optimism, I pass my time as agreeably as most people. I trust your late predictions, like those of an earlier date, will have their full accomplishment. I know there are vitia temporum as well as vitia hominum. It is peculiarly incumbent on those whom Providence has endued with a superior degree of understanding, to counteract the pernicious effects of the one as well as of the other. I see many of your old friends almost every day, and we often talk of you. Once or twice I have been an hour in company with your brother. Our old friend Jay was near three months in this country, and he and I were often together. Instead of wasting our time in unavailing recriminations, the present and future happiness of our common country, and the means conducive to it, afforded ample subjects for conversation. He talks of returning to private life and of resuming his profession, but I fancy the public will hardly dispense with his further services. I thank you for your attention to my introduction of Mr. Mullet, whom I hope you have seen before now. Will you excuse me for mentioning a more humble character, the bearer, John Randall, a wheelwright and carpenter, who is going to settle in Philadelphia. He has been mentioned to me as a young man of good parentage and fair character. I am with great esteem, dear sir, Your sincere friend, Peter Van Schaack. If you should happen to go to Kinderhook, let me beg it as a particular favor, that you will see my dear boy. 374 THE LIFE of TO PETER VAN SCHAACK. Philadelphia, 18th June, 1784. Dear Sir: I have received your letter of the fifteenth of March last from London, and very sincerely thank you for it. Depend on it, that if I go near to Kinderhook, I will execute the commission which your heart has given me. Mine can estimate the value, although I am not (to use Milton's language) acquainted with the " relations dear, and all the charities of father, son." I perfectly coincide with you in opinion, that America is the country in the world, whose social state admits of the greatest portion of happiness. While on this subject, I will make here the feeble record of a sentiment which occurred to me in conversation. If we would know when any nation possesses the greatest mass of felicity cceteris paribus, we must discover that period in which there is the greatest proportion of young people compared with the old. The young are looking forward to brighter prospects ; the old are bounded by the grave. This applies strongly to a new country ; for there, all are in a state of progression. Each individual pos sesses, at the end of every year, an increased portion of what is desirable to man ; and at every step his ideas expand, and open the view of some greater good. Such being my sentiment, (for the thought arose more from feeling than reflection,) I have commiserated with a double pang, the fate of those who have, been exiled from among us. My polite ical ideas also are far from lessening the regret, because I see no necessity for the measure. Were this a monarchy > I would sub scribe to it fully ; because the reigning and the deposed families, must each have hereditary friendships and antipathies among the people. But in a republic it cannot be so. The metaphysical idea of the state does not so inhere in any particular body as to give room for an exercise of the dissocial emotions. We may love the country though we hate the king ; but it is not in nature to hate the country. Nor can we long dislike the government, when that government is ourselves. With a very few exceptions, therefore, of old and powerful enemies, I would open wide the doors of that temple which we have reared to liberty ; and in consecrating an PETER VAN SCHAACK. 375 asylum to the persecuted of mankind, I would not exclude those who first drew the vital air, and first saw the light in America. Here is a letter, very little fit to proceed from a man who has long been engaged in public life, and who ought perhaps to reason more, and to feel less. But when I write to you, it is in the con fidence of early friendship, and with the belief, that you will not expose my puerilities to a common gaze. Adieu. But before I leave you, let me introduce Mr. John Rucker, who is to be the bearer of this letter. He is a gentleman in the mercantile line ; member of a house established in New- York. I have desired him to apply to you, should he need advice during his stay in England. Believe me always very truly, Yours, Gouv. Morris. TO OLIVER WENDELL. London, 2d April, 1784. Dear Sir : I have heard with sincere pleasure of your obliging inquiries after me, but it is only within a few days that I was informed that you had done me the honor of writing me a letter. I have to lament the miscarriage of it, or I should have availed myself of more than one opportunity of acknpwledging so flattering an in stance of your attention. I can never forget your behavior to me while I was at Boston, by which you gave an example,- that pri vate humanity and public duty were not irreconcilable. A benev olent mind will find frequent occasions of exemplifying this truth, even in seasons of more tranquillity than have fallen to the lot of America for some years past ; but how will these occasions be mul tiplied in the present arduous conjuncture, after men's passions have been let loose, and in the pursuit of an end they deemed laud able, the means perhaps habitually not much regarded ! A strong head and a tender heart will, in this situation of things, point to the same object; for I am convinced that humanity will not more ardently wish, than sound reason dictate the expediency and ne cessity of throwing a veil of oblivion over the past, and of cherish ing a " spirit of conciliation" in future. I know these sentiments come not with the best grace from people of my description, and are subject to an invidious construe- 376 THE life of tion from those who think that self-interest is the only motive of men's actions. With such men, philanthropy is nothing but a sound, and the duties of morality and religion mere matters' of con venience. If I know myself, 1 am not one of those who wish to mould doctrines to suit my own purposes, and I think if I was with the victorious instead of the vanquished party, I should be equally an advocate for the rights of private judgment, the principles of toleration, and the general interests of society. Alas! what is there in life worth pursuing, and what are the acquisitions of wealth, dis tinction and power, if, to obtain them, we must sacrifice to the demons of malice, revenge or intolerance ? I have not finally determined upon my future destination, which will depend in a great measure upon the information I receive of the temper and principles my countrymen are actuated by : my native country is the magnet which attracts my heart, its fondest views, and its most powerful affections. But if dishonor or humi liation must be the price by which it is to be regained ; even that I can resign. " The world is all before me where to choose a place of rest," and I trust Providence will be my guide to find one. Be assured, my dear sir, I neither do nor shall harbor any resent ments, but shall carry with me the warmest wishes for the happi ness of my native country, and as to the government which shall be adapted to that important end, I can say with sincerity of heart, esto perpetua ! You will, I hope, excuse the length of this letter, as you will naturally conceive that subjects of this kind will find their way to my reflections. Whatever my fate may be, believe me, I shall always rejoice in the happiness of others, and more especially, of those worthy characters, whom I have the honor of numbering among my friends. I beg my most respectful compliments to Mrs. Wendell, and am with truth, dear sir, Your most obedient and obliged humble servant, Peter Van Schaack. TO JOHN JAY. London, 6th July, 1784. Dear Sir : I wrote you a very hasty letter within this fortnight, in which PETER VAN SCHAACK. 377 I informed you that notwithstanding the assurances I had received that the executors had overcome their scruples and had called in the money for the purpose of paying it, yet that I had received a letter from Dean Tucker, intimating that Doctor Drummond had been alarmed of anew by Mr. Osborne's opinion, " that if the pow ers of attorney should turn out to he forgeries, Mr. Coperat's con sent to the payment of the legacies would not exempt the executors from a repayment." The Dean is satisfied and behaves with liber ality, but the Doctor seems to be armed with suspicions like the porcupine with quills. I have written the Dean with earnestness, and expect to have his answer soon ; but, lest it should not be a 'favorable one, you had better furnish me with new powers. Long before this reaches New-York I hope you will have safely arrived there, and have met your friends in health and hap piness. I trust, likewise, that you will find public affairs wearing a more benign aspect than they did last winter. The restoration of my brothers is a very pleasing circumstance to me. That I was not comprehended in it is owing, I believe, to a misconception of the Governor with respect to my particular situation. He has been obliging enough to declare that there was nothing to obstruct my return, for that he had put me on the footing of a British pris oner, and as such had exchanged me. I verily believe his view in the manner in which he treated me was to exempt me from the penalties of the act, but I conceive this was not within the power of the Exe cutive, worded as the act is. He showed a very friendly disposition towards me, and I believe would have given me a much more am ple proof of it in the paper he signed, which he desired me to draw myself, and which, from motives of delicacy, I assure you, I made only a simple certificate of a fact, viz., " that he had given me per mission to go to England when the situation of public matters would admit of it." This, indeed, was antecedent to the " proceedings of the Commissioners at Albany," and even to the passing of the law, so that its operation against me seems to be peculiarly hard. If you can consistently interfere in this matter, I should be glad you would state it to the Governor, with my respectful compliments. I intend to write to him upon the subject. Since writing the above I have a letter from Dean Tucker, and I flatter myself that the money will be paid without new powers ; 48 378 THE LIFE of but I would not have you omit sending them, as new difficulties may be started. I really believe the Dean is ashamed of his col league's skepticism. I have seen your friend Mr. Vaughan several times. Mr. and Mrs. Bingham I saw at Bath last April. They are not in England now. My respects to Mrs. Jay. „ Yours affectionately, Peter Van Schaack. FROM JOHN JAY. Philadelphia, 21st Nov., 1784. Dear Sir : In order to reduce to a certainty the substance of my conver sations with the Gov. on your subject, and thereby prevent mis understandings about the matter in case of his death, I wrote him a letter, (the draft of which I accidentally left with my papers in Jersey,) to which I received a few days ago the following an swer : " New-York, 8th Nov., 1784. "Dear Sir: " It has gave me much pain, that I have not been able to an swer your letter of the 8th ultimo sooner. I have not had a mo ment's leisure to do it. " Should the proceedings of the Commissioners (under the law respecting people of suspicious and equivocal characters) against Mr. Peter Van Schaack, subject him to the penalties of it, on his returning to the State, it would be peculiarly hard. I will not; venture to determine, however, that this would not be the case on, a rigid construction of the law, as of this you are a much more competent judge. There was another person, viz., Mr. Fletcher Matthews, proceeded against under it, and placed in the same situ ation with Mr. Van Schaack. He remains in the country without any interruption, and from this it is to be presumed he is not con sidered as being subject to the penalty of it. Both these gentle men were adjudged by the Commissioners to be sent within the British lines ;.. but were detained by my order for exchange. There is this difference only in their cases. Mr. Matthews continued in peter van schaack. 379 the country, while Mr. Van Schaack was permitted to go (on pa role) to England, in order to afford him an opportunity of having an operation performed on his eye, which was disordered. This was an indulgence he had applied to me for previous to his being summoned by the Commissioners, and which he was encouraged to hope would have been granted, as it most certainly would, and it is a circumstance which, added to his having behaved while on parole as a man of honor and humanity, will induce me to interest myself in his favor. " I have the honor to be, &c, &c, " Geo. Clinton." My opinion, upon the whole, is, that you consider yourself in the same light that the Gov. considers you, and that you return to this country as soon as you conveniently can. On your arrival such further steps may be taken as circumstances may render ex pedient. Adieu, my dear sir. Yours sincerely, John Jay. TO PETER SILVESTER. London, 2d Feb'y, 1785. My dear Sir : I return you many thanks for your repeated favors, which I have received down to the 15th December. The long and interest ing one of the 11th Nov., and my sister's of the same date, I receiv ed only last night, under cover from Harry, superscribed by Major Grey. As the mail goes from hence this evening, I shall not have time to give you my opinion on the questions you state, but shall reserve it for the next opportunity. • ' Your kind attention to my little concerns, merits my thanks. I am satisfied with the issue of Phillip's cause as it affects me, but not as it affects him, poor man. As to Mrs. Goes, I do not re collect my having made such a promise, but she is too good a wo man to assert an untruth. Relinquish the interest ; and give up the principal too, if you think her an object. I have several times intended to have given a hint to you, to distribute some money for me in charity to proper objects— let this be a charge of secret ser- 380 the life of vice money, and I shall never call you to account. Providence has been kind to me, and let me not be ungrateful. God knows I wish not to accumulate — a decent competency is all I aim at. I am extremely saving, and anxious that nothing should be lost. But my general frugality I would make the source of my private charity. To determine a proper conduct from these principles, I wish to know the extent of my finances, and to keep clear accounts. To my debtors I would be very lenient, provided they are punctual. That will be useful to them, as it is essential to me. To such of them as may have met with untoward circumstances and have large families, you may give up one half of the interest upon their paying the other half. Do in all this, my friend, what would gratify your ovm feelings were you in my situation. I would never receive a shilling, that should be bathed with the tears, or draw forth a sigh from a worthy unfortunate man. I spend very little money here considering the many enjoyments I have ; but these are of the social kind. My savings from expensive amusements, will enable me to distribute my mite to the distressed. Believe me this is not a momentary impulse, but my settled principle. You know my circumstances in America; from hence I shall indeed carry very little, but I shall go free from debt. If God in his in finite mercy vouchsafe me once more to embrace my friends — but this is too tender a subject — my heart and my eyes too are too full to pursue it. My purpose is to go in the packet of May ; upon my arrival in the harbor, I shall write to the Governor ; and if the answer I receive is not satisfactory, I shall go up the Sound and through Connecticut into Berkshire county. Mr. Jay, who has written to me from Philadelphia, has performed the offices of friendship. The Governor, too, acts a manly, consistent part in a letter front him to Mr. Jay, but I wish he had repeated in that letter, what he told me in August, 1778 ; " that he did not think me a proper object of the act, by color of which I was proceeded against, for that my conduct had been different from that which was the object of the act ; that my character was not equivocal or suspicious, but well understood ; for, that though averse to the public measures, and as such I had been put under parole, yet having never viola ted that parole, he would consider me as a British prisoner." Of PETER VAN SCHAACK. 381 all the mortifying things I have met with, the preamble of that act has been the greatest; for it describes characters so odious, so con temptible, that if I thought it was in any degree applicable to me, I should despise myself! I remember Mr. Jeremiah Van Rensselaer said some civil things to me also, and I believe none of the Com missioners thought me within the spirit of the act. As to what you say of Major Goes' inquiries, let me beg you will present my compliments to him. I bear enmity to no man existing; and however it may sound in the ears of some of my friends, yet to you, who know me to be incapable of a time- serving conduct, I will say that all he has done against me, is far overbalanced by what he might have done, but did not; and that I am ready to shake him by the hand with cordiality, and perfect oblivion of the past. No part of my conduct shall have retrospect to the transactions of the war. What is there in this life of conse quence enough to call forth the malignant passions of envy, hatred, revenge and malice ? " Devil with devil damn'd, firm concord holds, men only disagree of creatures rational and under hope of heavenly bliss," &c. My dearest Lydia ! how sincerely do I congratulate you all upon her marriage. She must not think hard of my not having written to her upon the important occasion. My absence from London, and my numerous engagements in it, leave me very little time, especially considering the state of my poor eyes. I hear a most favorable character of Mr. Wyncoop, and he may rely on my friendship as long as he behaves with tenderness to my dear niece, and that I trust will be as long as she lives. Tell Lydia she must read some of the papers in the Spectator upon the duties and con duct of a wife. When I see her, I will illustrate them by some instances within my own experience. I have seen a wonderful variety of characters, as you may suppose, in this length of time. My heart has sometimes been a little touched, but not much wounded. In America I would wish to form a connection, if ever I should again become a family man. I will send you some of the best books of practice, which is very intricate in the courts of Westminster Hall ; and after all,, is to be acquired only by experience. 'Tis difficult to comprehend it from reading. Were I a judge in America, I would pay very little 382 THE LIFE OF regard to authorities in this way, for the refinements of an old country like this, cannot be proper for a young one like ours. Lord Mansfield, whose abilities, notwithstanding his advanced age, still continue to astonish the world, has cut up by the roots many of the apices litigandi — the quibbles of the law. But new evasions and subterfuges will be invented, as new rules are intro duced. The attorneys swarm in this country, and indeed feed upon the vitals of it. Chicanery and v y are the only means by which many support themselves. It has been computed that thirty thou sand persons are maintained by the law in London, and within the bills of mortality. The Inns of Court are like little towns. You can have no conception of this great town, without supposing every tree between Kinderhook and the landing* a house ; and every leaf a human being. This you will say is a hyperbole indeed ; still, without being able to conceive the possibility of the one, you can hardly conceive the actual state of the other. I will try to find out Doctor Silvester, at Doctor's Commons : there, too, the black-gown gentry swarm like crows. Continue, my dear sir, and my dear Jenny, to support and soothe our aged mother. That is another heart-breaking subject. Heaven preserve you all ! P. V. S. TO PETER SILVESTER. London, 22d Feb., 1785. My dear Sir: By Mr. Mullet, who sailed in this month's packet, I wrote you a letter in which I acknowledged the receipt of your agreeable fa vors of November and December. I also wrote to you or David by every conveyance since my return from Yorkshire in November last. Permit me to recommend the contents of those letters to your attention, and to request a compliance with the several requests I made in them, respecting my little concerns. After revolving the subject of my ill-fated eyes a thousand times, I have concluded to undergo the operation before I leave England, and from the inquiries I have made, I have reason to hope for relief ; but unfortunately Baron Winzellisat Paris and * A distance of five miles. PETER VAN SCHAACK. 383 does not come to England till May. I must therefore go to him or postpone my embarkation. Believe me, this is a distressino- alternative — but how can I help it ? Will anybody be so cruel, as to charge me with mutability or unsteadiness ? I am much inclined to go to Paris, but to be entirely among strangers in such a critical situation, not to mention the additional expense of travel ling, &c, is a serious subject. The operation alone will cost me sixty guineas at least, perhaps a hundred or a hundred and ten. I will not dwell upon this subject ; surely my friends can anticipate all I could say upon it, by placing themselves for a moment in my situation. As to your question about the regularity of the practice, of a plaintiff's filing common bail for defendant after he had signed a bail-bond, but neglected giving special bail, I am very clear that the judgment ought to be set aside. The reasons you assign in favor of it, may weigh for the introduction of a general rule ; but till such a general rule is established, the plaintiff has, by the acetiam, precluded himself from taking such a step ; nor can he, I think, in the progress of the suit, deviate from the course in which he commenced it. The filing common bail for defendant depends upon an act of Parliament, and can be practised only in the instances mentioned in the statute. It appears to me like a trick and a surprise upon defendant, who could not suppose that the plaintiff would begin his suit in one way, and pursue it in another. You will find it extremely difficult to apply the rules of prac tice in the courts of Westminster Hall to the courts in America ; and even to understand the authorities in the books, general prin ciples only should be regarded. To prevent chicanery and trick, and to enable the parties to come fairly to trial of the merits, seems to be Lord Mansfield's fundamental principle in expounding the rules of practice. The resemblance of your Supreme Court to the courts of Westminster Hall, and of your inferior courts to the inferior courts in England, is very slight indeed, and if you attempt to draw a parallel, you will introduce endless confusion into your practice. Look at the very commencement of an action here, and with you ; and see in what they resemble each other. Here, it is in many cases of very material consequence whether the suit is commenced by bill, or original : e. g., in case of outlawry, you 384 THE LIFE OF cannot proceed unless the suit is by writ, that is, original : you know of no such distinction ; and, indeed, if here they retain the shadow after the substance is gone, why should you do so ? I had heard of the case of Rutgers and Waddington. I thought the charge a little extraordinary, though I do not presume to con demn it. It is a little remarkable that something like the Major's charge was advanced by Lord Mansfield in a case tried here in B. R. wherein Carmer sued the chief engineer for the rent of his house at New-York, occupied in the public survice. His lordship, I am told, held that New-York was a conquered town, and the com mander-in-chief has a right to the use of every house in the city, if required for the purposes of the troops ; if any allowance was made to the owner it was an act of favor, not ex debito justitice. On the other hand Lord North and Mr. Eden, in the House of Com mons, held a doctrine on another occasion not unlike that of the Assembly, viz., " That a positive law of this country, is not done away by any treaty with another country, till it is repealed." I have somehow or another mislaid your several queries, &c. But if I understand the case on the will, the devise was clearly an estate tail, but that species of estates being abolished among you, it will now be a fee. " Devise to T. G. for his natural life, and after his decease to his heirs and assigns forever, and for want of such heirs to T. E. his heirs and assigns forever, T. G. has only' an estate tail." Per Lord Mansfield. If I remember your case right, this is in point. The abolition of estates tail among you, is, I think, a wise measure, consistent with the spirit of a Republic. I am so fatigued with writing on business, that you must apolo gize for me to my correspondents, young and old — to my dear- Ly dia especially. My heart is with you all ! But my poor eyes must be spared, and deserve more favor than they receive, in spite of all the suggestions of prudence. A few months will decide my fate, and determine my future views in life ! A few months, but long and tedious will they be, in such a state of suspense. Heaven bless you all. To my mother, say every thing that is tender and dutiful. Yours affectionately, P. V. S. PETER VAN SCHAACK. 385 CHAPTER XVIII. Mr. Van Schaack's return to America had now been postponed for several years, partly through fear of proceedings against him under the banishing act, and from apprehensions excited by the severities of his countrymen as indicated by the legislation of his native State, and partly in consequence of the condition of his eyes. He retained the use of the left eye, which had been tempo rarily affected in September, 1780, but the sight of the other was entirely gone. The apprehension that an experiment upon the diseased eye, if unsuccessful, might occasion the loss of the other through sympathy, rendered the policy of an operation a matter for serious consideration, and left him in a state of suspense and painful anxiety for many years. Having been advised that the operation could be performed at New- York, he finally determined to leave England without undergoing it, and he made his arrange ments accordingly. His heart now beat high in the prospect of soon meeting his numerous connections and friends in America, after so long a separation, and under circumstances of such painful interest. TO HIS SON. London, May, 1785. At length, my dear Harry, the happy day is approaching, which will put an end to our separation. In a little time after you receive this, I trust I shall embrace you in our native country. I shall sail the 4th or 5th of June, from Falmouth, where I shall be two hundred and seventy miles on my way from London to New- York. Your feelings, upon this occasion, I flatter myself correspond with mine; indeed, I can hardly suppress my emotions at the bare idea of this happy event, after an absence of near seven years. I think, my dear boy, that the remembrance of your features is so strongly imprinted on my mind, that I shall easily recognise you ; but Buck and Betsey will be strangers indeed. You shall introduce us to each other. 49 386 THE LIFE OF It is my intention, my dear son, that you and I shall be much together. It depends on you, to make me one of the happiest of men. I shall treat you with the utmost confidence, and hope you will behave to me with unreserved freedom. Don't think I expect too much of you as to your learning. I am disposed to make every allowance in this case, and I almost wish you may be rather back ward in your improvements, that I may have the pleasure of assist ing you to repair the defects. If you are very learned, what will be left for me to do ? I have another reason why I wish you may not be too deep in your studies, — because I flatter myself you have devoted much of your attention to the cultivation of the amiable qualities of the heart. To find you a virtuous youth, and pleasing in your manners, open, candid and unreserved, is the utmost of my wish — to make you' a sensible and even learned man, you have yet time, amply enough. If, in the course of a long exile, I have collected any materials that may be made beneficial to you, what pleasing reflections will it afford me ! Qui mores hominum mvl- torum vidit et urbes, I may in some measure apply to myself, though my travels have by no means been so extensive as I could have wished, for various reasons. I have, however, not been alto gether idle, and you shall have the fruits of my industry. Sic vos non vobis mellificatis, apes : however this is not true in one sense as appljed to me, for in serving you I shall most essentially gratify myself. As I have told you in a former letter, I have already introduced you to all my most esteemed friends ; and if you should come to this country, you will at once have a number of acquaintances who will, I am confident, be glad to see you, from their kind partiality to your father. Your prospects in life, my dear Harry, are such as should make you thankful to Providence, and the best method of manifesting such a disposition, and at the same time to realize those prospects, is to cultivate not only the faculties of your mind, but the pleasing and endearing qualities of your heart. I send over two saddles, bridles, &c, for you and me. They are plain, which will be no objection to you, as I am pleased to hear that you have nothing of the fop or macaroni in your appearance. I hope you will not expect presents, and that you will be sufficiently happy in meeting me without any such sort of recommendation. You shall have all you can wish, and New-York PETER VAN SCHAACK. 387 will afford the means of supplying you. Perhaps the little ones will expect some memorials of my love, and you must assist me when I get to New-York to gratify them. My behavior to a young gentleman like you, and to children like them, must be very different, while my affection for all is the same. I expect much assistance from you with respect to these dear, dear little objects of our common love, and let me add, my dear Harry, of our common charge, for which your more advanced years will qualify you. I have a thousand things to say to you, upon these very important subjects, but your imagination will supply what I have not time to particularize, until the joyful day of our meeting. May the Almighty continue his gracious protection of you all, is the fervent and constant prayer of Your truly affectionate father, and most sincere friend, * / Peter Van Schaack. I have, I believe, heretofore hinted to you my wish that you should study the law. I hope this will coincide with your own inclination. You will have advantages which do not fall to the lot of every young gentleman, and I mean you should pursue this study upon liberal principles, and not like a pettifogging attorney. It is a noble science, when studied as such. Be assured you will like it. If you give me this proof of your acquiescence in my opinion, you will make our meeting doubly happy. Though I have lamented our long separation as one of the most painful circumstances, as they affect my private feelings, yet, with a view to your impovement, perhaps all is for the best. I am a little of an optimist; how are you in that respect? One thing be assured of, that I shall convince you of the propriety of every year's absence, prolonged as I have prolonged it time after time, and that I could not have returned chasing any property that had been confiscated by it."* It should in justice be mentioned, that Mr. Van Schaack's name does not appear among the number of those whose estates were confiscated, and who were attainted by name, and without notice, or trial ; nor were any proceedings had against him under this law. The names of several females are found in the list ; and farther pro visions are made in the act, for indicting and trying deceased per sons, with a view to a forfeiture of their estates, by retrospect to their life-time, and reverting to a date upwards of three years pre vious to the passage of the act : — a period when, in the judgment even of many of the friends of the Revolution, the doors of recon ciliation with the mother country were not fully closed.f The time alluded to was the 9th of July, 1776 ; on the morning of * Life and writings of John Jay, 1st Vol. 112. t The Convention of New- York, as late as the 31st May, 1776, passed a resolution looking to a reconciliation with Great Britain, although they " considered it as remote and uncertain" — and the delegates from New- York to the Continental Congress declined voting on the question of declaring in dependence, for the reason that they were enjoined by. their instructions " to do nothing which should impede a reconciliation" with the mother country. 396 THE LIFE OF which day the Convention of New-York, as appears by its minutes, assembled as a " Provincial Congress of the Province of New-York;" and in the afternoon of the same day they became " a Convention of the representatives of the State of New- York," and passed a resolution approving of the declaration of independence by the Continental Congress. It is a historic fact, also, that up to within a few days of the declaration, a respectable portion of the master spirits in the Con tinental Congress condemned such a step as premature.* And if such was the opinion of some of the ripe and fiery spirits of that body, it is not to be questioned that a large number of the common alty, viewing it in the same light, might very innocently, if not ignorantly, for a time at least, have recognized the continued au thority of Britain. But all will concede, that the declaration was not the achievement of American Independence. It did but evince the spirit of freedom, and indomitable as that spirit usually is, it was not omnipotent even for its own purposes. It was but an as sertion, and however noble and patriotic in itself, yet the great work which was to vindicate its expediency, and to prove its truth, remained to be accomplished. Under one provision of the confiscation act, if an individual had on the tenth day of July, 1776 — unsettled as was the question of actual independence at that date, and limited as we have reason to believe even the knowledge of the declaration — destitute as was New- York * In Mr. Jefferson's Sketch of the Debates in Congress, on the 8th and 10th of June, 1776, on the motion made by the Virginia delegates for declaring independence, it is said : "It was argued by Wilson, Robert R. Livingston, E. Rutledge, Dickinson and others — That though they were friends to the measure themselves, and saw the impossibility that we should ever again be united with Great Britain, yet they were against adopting it at this time : That the conduct we had formerly observed was wise and proper now, of de- ferring to take any capital step till the voice of the people drove us to it : That they were our power, and without them our declarations could not be carried into effect : That the people of the middle colonies (Maryland Del aware, Pennsylvania, the Jerseys and New-York) were not yet ripe for bid ding adieu to British connection, but that they were fast ripening, and in a short time, would join in the general voice of America : That the resolution entered into bythe House on the 15th of May, for suppressing the exercise.of all powers derived from the crown, had shown, by the ferment into which it had fhrown these middle colonies, that they had not yet accommodated their minils to a separation from the mother country." PETER VAN SCHAACK. 397 of a constitution, and without a legislature to enact laws, or courts to adjudicate upon them — withdrawn to a place within the power or possession of the British fleets or armies, and had on the next day departed this life, he was liable, after such decease, and under a statute enacted three years afterwards, to be made a party by name to an indictment and prosecution in the courts, with a view to a confiscation of his property, in the hands of his innocent widow and children. The confiscation act, in one of its aspects, thus exhibits the extraordinary spectacle of an ex post facto criminal law, carried into execution against a dead person ! '* A provision was introduced into "an act to complete the quota of the troops of this State, to serve in the army of the United States during the war," passed on the 9th of October, 1780, which at this day appears not a little singular, (although not without rea sons to support it,) and it may be referred to as an instance of curi ous legislation. By a section of this statute, the parents of any young man who had gone off and joined the enemy were, for this reason, subjected' to a tax of ninepence in the pound on the value of the whole estate of the parent ; and the act provided " that where any person shall have two sons gone off to, and joined the enemy, the sum assessed upon such person shall be doubled ; and where three sons, the said sum shall be trebled ; and in a like proportion for each addi tional son."* This was reversing the order of the decalogue, and has the appearance of visiting the sins of the " children" upon the "fathers." The act made no exceptions in favor of parents whose sons had gone off without their knowledge or leave, or even in favor of the whig fathers of wayward sons ; and they were sub jected to its penalties equally with the disaffected, who, the legisla ture probably thought, should have brought up their sons better, and with a keener relish for the principles of liberty. This was so manifestly unjust and oppressive, that the law was modified at the * The property of parents in moderate circumstances, and who, in fulfil ling the divine command of " multiplying and replenishing the earth," had been blessed by Providence with a goodly number of sons, might have been exhausted by the operation ; for the parent was to be assessed " at least five pounds for each son, without reference to the poverty of the parent, and not excepting- the widow. 398 THE LIFE OF next session, so as to exempt from its provisions the parent who could prove that he or she had " constantly and uniformly, from the commencement of the present war, taken an active and decisive part in favor of the United States, and hath constantly demeaned himself, or herself, as a good subject of this State ought to do." On the 12th of May, 1784, an act was passed by the State legislature, entitled " an act to preserve the freedom and independ ence of this State, and for other purposes." This was a very severe law. It disfranchised all those who had not been friendly to the Revolution. By the first section of this act, it was provided, in general, that every person, who at any time since the 9th day of July, 1776, had accepted, received, held or exercised any military or civil office, commission or appointment from the King of Great Britain, or who since the date referred to had voluntarily gone over to, remained with or joined the British fleets or armies, at any time during the then late war, and who had left the State previous to the 10th of December, 1783, and had not returned, should, on conviction thereof upon being found in this State, " be adjudged guilty of misprision of treason." The second section contained this clause : " II. And be it further enacted by the authority aforesaid, That " all and every person or persons falling under any of the descrip- " tions herein before mentioned, and the descriptions mentioned in " the twelfth section of the act entitled ' an act to regulate elec- " tions within this State,' passed the 27th day of March, 1778, " and who has, or have not left this State, are hereby forever dis- " qualified and rendered incapable of holding, exercising or enjoy- " ing any legislative, judicial, or executive office, or place what- " soever, within this State ; and shall and hereby is and are forever " disqualified and incapacitated to elect or vote, either by ballot or " viva voce, at any election to fill any office or place whatsoever, " within this State." To give a full view of the broad extent of the disfranchise ment inflicted by this act, it will be necessary to recur to the twelfth section of the " act to regulate elections," and which was in these words : " XII. And be it further enacted by the authority aforesaid, " That all and every person and persons, inhabitant and inhabi- PETER VAN SCHAACK. 399 "tants of this State, who since the ninth day of July, in the year " of our Lord one thousand seven hundred and seventy-six, before " any Congress or Convention, or Committee or Council of Safety " of this State, or other Committee or Commissioners of conspira- " cies within this State, has or have avowed, or voluntarily recog- " nised, or acknowledged any allegiance to the crown of Great " Britain, or the sovereignty or supremacy of the King or Parlia- " ment of Great Britain, or either of them over this State, and the " inhabitants thereof or either of them ; or disavowed or denied the " authority of the present government and legislature of this State, " or of the former government and legislature thereof, by Con- " gresses or Conventions, Committees or Councils of Safety, and " other Committees ; or the independence of this State of any au- " thority vested in or derived from the King or Parliament of Great " Britain; or has or have voluntarily taken up arms with the Brit- " ish troops, against this State or any or others of the United States " of America ; or has or have voluntarily borne or held any com- " mission, office or place of trust or profit under the king and par- " liament of Great Britain, or under any authority derived from or " under them or any or either of them ; or being out of the power "of the British troops, has or have voluntarily gone within their '' power for the purpose of supplying them with provisions or other " necessaries, or employed other person or persons for the purpose ; " or being so out of their power have voluntarily gone and con- " tinued within the same without special license or permission by " authority for the purpose; or has or have held any correspon- " dence with them or either of them, in anywise prejudicial to the "freedom and independence of the United States of America; or " has or have directly or indirectly counselled, aided, encouraged " or abetted, or shall hereafter directly or indirectly counsel, aid, "encourage or .abet any person or persons whatsoever being an " inhabitant or inhabitants of any of the United States of America, "to acknowledge or avow any allegiance to the crown of Great " Britain, or any sovereignty or supremacy of the king, and parlia- " ment of Great Britain, or either of them, over this State, or any " of the said United States ; or to disavow the authority of the " Congress of the United States of America, or of the Provincial " Congresses, or Convention or Legislature of this State ; or to 400 THE LIFE OF " disaffect any person or persons to such independence or to the " government and legislature of this State ; or shall hereafter be " guilty of any or either of the said offences, shall be and hereby " is and are ipso facto forever thereafter respectively declared to " be utterly disabled, disqualified, and incapacitated, to vote either " by ballot, or viva voce at any election to fill any office or place " whatsoever, within this State, and to hold, exercise, or enjoy any " office or place within this State. Provided always, That noth- " ing in this clause contained, shall be construed to affect any per- " son, who having gone over to, or joined the British troops, has " returned to his allegiance to this State, according to the tenor, " true intent or meaning of any proclamation, heretofore issued " by any authority vested in, or derived from the legislature, or " government of this state, or by his excellency General Washing- " ton as Commander-in-chief of the forces of the United States of " America." In one of his letters from England, Mr. Van Schaack expressed a doubt in regard to again entering upon his profession, on his re turn to America, " even if permitted so to do." In this qualifica tion he no doubt alluded to certain laws then in force, and which, until repealed, were an effectual impediment to his resumino- the practice of the law in his native state. On the ninth day of October, 1779, an act was passed by the legislature of New- York, suspending from practice all attornies, solicitors and counsellors at law, who had been licensed previous to April, 1777, to practice in any of the courts of law or equity of the former colony of New- York. This suspension could only be re moved by the inquisition of a jury of inquiry, establishing upon oath, that the applicant had been " a good and zealous friend of the American cause." In March, 1785, an attempt was made to procure a repeal of this law, so far as it respected certain promi nent legal gentlemen of known integrity, but it proved unsuccess ful ; and many men of talents were thereby excluded from the profession to which they had been educated, and which constituted their dependence for the support of their families. A share of selfishness, probably, entered into the patriotism which procured the enactment of this law ; and certainly into that PETER VAN SCHAACK. 401 which prevented its repeal, at the close of the Revolution. If proper at the time of its enactment, yet when the contest was decided, there was no good reason why lawyers, more than any other class of citizens, should be required to prove that they had been friendly to previous public measures, to entitle them to the exercise of their professions. Such a principle carried out, would have operated as a perpetual exclusion from the new republic of all who had not been zealous whigs ; and it was entirely at variance with the views of Washington and Jay, who believed that men might conscien tiously take different sides in the contest with Britain. It was not to be expected that the prejudices, distrust, and an gry passions, which had been excited by a civil war of seven years' duration, would immediately and entirely subside on the successful issue of the struggle. There had no doubt been much of cruelty and barbarity in the conduct of a certain portion of the refugees, and such as to render that class justly obnoxious to the continued indignation and persecution of the " violent whigs." But the in discriminate condemnation, and perpetual disfranchisement of all those, who, from conscientious scruples, had not favored the public measures, and who, upon the determination of the contest, fur nished, in their integrity, a certain guaranty of their readiness to become good citizens, under the new order of things, was scarcely less censurable, than had been the conduct of the " faithless and cruel," who alone, according to the well-drawn distinction of Mr. Jay, deserved to be excluded from the new republic. Many of the early acts of the legislature of New-York were very severe in their operation upon individuals, and, as general laws, were unjust. Much of the legislation of that period was injudicious, and incon siderate, and it betrays evident haste. Special acts were passed in a number of cases to relieve individuals who were injured by the provisions of statutes, and whom the laws, when passed, were not even intended to affect. For those laws which were enacted in the progress of the Revo lution, great allowance should be made. They have for their apo logy " the infancy of the state," and the trials, distractions, and embarrassments arising from a state of civil war. But the " Act to preserve the freedom and independence of this State" was passed, in May, 1784, several years after the suspension of hostilities, and 51 402 THE LIFE OF four months after the formal ratification of the treaty of peace ; with the spirit, if not with the letter of which instrument, its provisions were evidently at variance. The two last mentioned statutes remained in force when Mr. Van Schaack returned from England. The failure of the attempt, made in March, 1785, to procure a partial repeal of the law against attornies, has been mentioned. At the same session efforts were made to procure a mitigation, or repeal of other rigorous laws, and with the like unfavorable result. A bill introduced into the House of Assembly, to repeal the twelfth section of the " act to reg ulate elections," and the second section of the " act to preserve the freedom and independence of this State," after being ordered to a second reading, was committed to a committee of the whole house, where, upon debate, it was rejected. A better and more liberal spirit, however, began to extend itself, and a returning confidence gradually took the place of that pre judice, and distrust, which is the natural and invariable concomi tant, as well as the usual and immediate sequent, of a state of civil war. The legislature which met in January, 1786, was actuated by more enlarged views, and was distinguished for more increased liberality. At this session, the act suspending the licenses of attor nies, solicitors and counsellors who could not produce certificates of their attachment to the American cause, was repealed ; and the only requirements made to reinstate them in the practice of their profession, were evidence of good moral character, and an oath of abjuration and allegiance, and for the faithful execution of their offices. A law was also passed in regard to undiscovered confiscated lands, authorizing the discoverer to locate them, for the benefit of the widows and children of attainted persons. At the same session, a section was enacted, the effect of which was to repeal the disfranchising law of 12th May, 1784, so far as it affected thirty-three gentlemen, named.* It will be proper here to introduce this section at large. " XIII. And be it further enacted, by the authority aforesaid, " That the several persons mentioned in the third clause of the act, * The residue of the <: act in relation to the freedom and independence of this State,'' together with a great number of other laws, was repealed on the 12th of March, 1788. PETER VAN SCHAACK. 403 " entitled ' An act to preserve the freedom and independence of this " State, and for other purposes therein mentioned,' passed the 12th " day of May, 1784, and Peter Van Schaack, Richard Bartlett, " Theophilus Nelson, and Zebulon Walbridge, shall be, and they " are hereby respectively restored to all their rights, privileges and " immunities, as citizens of this State, from and after such time as " the said persons respectively shall in any court of record of this " State take the oath of abjuration and allegiance prescribed by " law, any thing in any former law contained to the contrary there- *' of notwithstanding." These impediments having been removed, Mr. Van Schaack was reinstated in his rights as a citizen, and at a term of the Su preme Court, held at the City Hall in the city of New- York, in April, 1786, he was re-admitted to the bar. It must have been a somewhat humiliating spectacle, to behold one of the fathers of the New-York bar, and the reviser of the Co lonial statutes, which, by the constitution, were still to continue to be the law of the State, thus seeking admission a second time to the bar of the Supreme Court. But we have seen, that Mr. Van Schaack was perfectly willing to begin his career de novo, and only asked of his countrymen to forgive his past errors. In this spirit, we find him cheerfully writing from New-York, to his son at Kinderhook : — " I was re-admitted to the bar on Tuesday last, and am happy among my associates, who treat me with great po liteness and attention :" and to his young correspondent in En gland, "I have the pleasure to tell you, that I am reinstated in my rights as a citizen of this State, and was admitted to the bar a fortnight ago." He shortly afterwards opened a law office in his native village. 404 THE LIFE OF CHAPTER XX. The first few years after his return from England, Mr. Van Schaack led a life of exceeding great activity and industry ; and the number and diversity of his employments were such as, coupled with the hearty welcome and distinction with which he was received into the variety of companies into which he was brought by the calls of business and social enjoyment, (and which lost none of their effect upon his susceptible heart,) probably rendered this one of the hap piest portions of his life. From his correspondence during this period, it appears that his time was taken up "from morning to night in business and social enjoyments," and " every faculty of his mind had full employment with building, farming, lawyering, &c." Some selections from his correspondence of this date will be found interesting, and will further illustrate his character. In deed, he scarcely ever committed any thing to writing, which did not possess some interest. It was remarkable, that his letters upon the most ordinary occasions always contained some valuable sen timents, some choice expression, or interesting classical allusion worthy of preservation.* Of his pen it may not unmeaningly be said : " Nihil tetigit quod non ornavit." TO H W .f Kinderhook, 30th Aug., 1785. My dear Harry: I would not have been six weeks on shore without writing to you, but for the constant motion I have been in ever since my ar rival. I have almost finished my routine of visits, and in a few r * One of the author's greatest difficulties, in preparing the present work, has been to make a selection from a large mass of manuscripts, where all was so good. f Still in England. PETER VAN SCHAACK. 405 days expect to be at New-York again. After adjusting some matters of business there, I hope to be more at leisure, though I fear this will not be till Nov. next. The number of people I have seen, and more or less conversed with, since my arrival, would astonish you. I wish I had time and arrangement of ideas equal to my inclination, and I think I could afford you some amusement. I found your cousin and namesake a very clever youth ; the other two are generally allowed to be fine children, and be assured, I am not disposed to dissent from the general opinion. They all three answer my most sanguine expectations. You will therefore be able to form a better idea than I can at present express, of my hap piness. I long to hear of Eliza's arrival, and of the situation of her and Nancy as to health. Your constitution, I flatter myself, will continue to gain strength. Vires acquirit eundo : therefore take a great deal of exercise, but not fatigue. Tell me something about Jacob, and mention me to him affectionately. I find he has written to his friends in very strong terms of regard about me. He is a worthy young fellow. You will remember me to Mr. and Mrs. Low, Mr. and Mrs. Phyn, Col. Robinson and the ladies, in the most respectful manner. Our friend Dr. Hayes, you must assure of my warm esteem ; he shall have a long letter from me in the course of the winter. Pre sent my best regards also to Mr. Watts, and Capt. and Mrs. Ken nedy. I hope you see our friends in Basinghall-street sometimes. I intended fully to have written to Mrs. Sime, but she must im pute my silence to my present situation, which she can form some idea of, when she considers the length of time of my absence from my native country, the extensive family connections, and the large circle of acquaintances I have had to attend to. My best wishes to her and Mr. Sime, and all her connections at Islington, and in town. Mrs. Tate and Mrs. Dyckman, you must also greet for me, and assign the same reasons for my not writing to them. I have seen D.'s sister, who is very anxious for his return to America ; refer him to Mr. 'Dumont for my opinion of the situation of the country, which, by the by, comes up fully to my expectations. I shall expect, my dear Harry, that you make a point of seeing the friends I have mentioned ; for it is not a mere ceremonious compli ment I send them ; but a sincere, friendly remembrance. 406 THE LIFE'OF Adieu ! my dear Harry. Expect to hear from me again in a manner better suited to the concern I take in your welfare. God bless you ! Yours affectionately, P. V. Schaack. TO HIS SON* Kinderhook, 5th Bee, 1785. My dear Harry: Although your letters are generally written in such a hurry, (I suppose owing to the pressure of your studies,) as to give me little encouragement to enlarge much in mine, yet I have so much plea sure in writing to you, that I cannot resist the impulse. Your last letter, however, short as it is, is correct, grammatical and intelli gent. The language is clear, perspicuous and energetic. It is in my opinion, too, a specimen of the Laconic, which, if I remem ber right, is agreeable to the Grecian eloquence. Your next, I hope, will breathe a little of the spirit of Tully, whose splendid hook, and with the society with which he associates, and above all with your course of instruction. He showed me part of his com pilation from your Analysis of the Practice of the Supreme Court, and I was very much pleased with the clear, methodical and per fectly correct view of the principles and rules of the practice, which the analysis unfolds. I feel grateful for the kindness you have showed in loco parentis, and if I can but find that my son is ardent and accurate in research, and cultivates at the same time, and with equal ardor, his moral and classical taste, all my anxious hopes will be fulfilled. I hope to have the pleasure of visiting you before; long, and in the mean time believe me, to be Yours very sincerely, James Kent. Peter Van Schaack, Esq. » Many of his law students, and particularly those who were poor, were instructed in that science without any compensation; and his faithfulness and zeal were not at all lessened in prospect of such a result. To the parents of most of the others he usually left it to fix the amount, and if put to himself, it was always moderate,, and he was ever ready to make a deduction from the charge upon any equitable suggestion, or to conform to the views of his employer. It was a pleasing circumstance, to notice the high respect and 446 THE LIFE OF regard which his students retained for their venerated instructer, in after life. The following letter furnishes one of numerous evi dences of this fact. TO PETER VAN SCHAACK. Auburn, 19th October, 1821. Respected and esteemed Sir : It is with the greatest satisfaction that I recur to the time which I passed with ybu, my dear sir, in the pursuit of knowledge which you were so well calculated to impart. Not the least part of the pleasure I feel, is caused by a recurrence to those seenes in which you displayed your friendship for me, and by which I was led to feel that reverence and friendship for you, which now actuates me in writing to you. I this day had occasion to refer to your excel lent treatise on the practice of our courts, and the recollections caused by it roused me to the consciousness that I had neglected to inform one of my best friends of my situation in life, so totally different from every former one. It is with regret I feel I have to apologize, but must plead my excessive ill health and depression of spirits in excuse. It would afford me great satisfaction to receive a letter from you. Could I portray the feelings of my "heart towards you ; my esteem ; the gratitude your attention to my education excites within me, and my sense of the delicacy which you have always observed towards me ; I should be in some measure satisfied. My present feelings towards you, sir, I hope to carry with me to my grave. When in the eighty-second year of his age, Mr. Van Schaack might be seen in his study, with his law students around him, im parting instruction. On the 19th April, 1828, he wrote to a for mer student* for whom he had a great regard, and who was one of his principal correspondents in his old age : " You see that like an old coachman who loves the smack of his whip, I still have some professional regards — indeed I have some professional occupations, as I' have two students, on whom I bestow much of my time and attention, of which I trust they will enjoy the fruits." ? Frederic De Peyster, Esq., New- York. PETER VAN SCHAACK. 447 CHAPTER XXII. Mr. Van Schaack passed through several very severe and try ing scenes of affliction, after his return from England. In Febru ary, 1797, while from home on his way to attend court, he was roused from his slumbers at midnight, by a messenger apprisino- him that his oldest son, then in his twenty-ninth year, had been seized with an apoplectic fit. He died before his father reached home. This was a severe stroke. He was the son who had been the object of such anxious and tender solicitude during his exile in England, and upon whose education so much of his attention had been bestowed. Two of Mr. Van Schaack's children were at New- York at the time, and to them he addressed the following letters, which were preceded by one to a friend requesting him to prepare their minds for the sad tidings. TO CORNELIUS AND ELIZABETH VAN SCHAACK. Kinderhook, 6th February, 1797. My dear Children : To-morrow I suppose you will hear of the melancholy event in our family, which has filled us all with the deepest affliction. This is a call upon your fortitude, and I pray God that you may be able to bear the stroke with resignation, and submission to the will of that Being from whom we receive life, and to whom we must re sign it ; who knows better than we do ourselves, what is for our ntn good, and who frequently sends us blessings, when he most afflicts us. " Thy will be done," must be the aspiration of your hearts. To-morrow will be performed the last sad offices to your departed brother, when his remains will be followed by many a bleeding heart, and by not one which is not filled with sincere and deep re gret. In your own feelings you will know and experience mine ; but let us remember that this is a common lot ; though the event 448 THE LIFE OF might have been delayed, yet it was inevitable ; and, sure as the stroke is, yet that there is not a day nor an hour, in which some of our fellow creatures do not labor under a similar affliction. Re collect how many scenes you have wept over infinitely more dis tressing to the sufferers than that which now afflicts us. Your brother died surrounded by his friends, and with every circumstance that could administer consolation. Lydia's conduct is just such as you might expect from her sensibility, on the one hand, and her good sense, discretion and piety, on the other. In the first moments of the awful change, she expressed a wish to see her sister Betsey, but she is now fully impressed with the propriety of her not coming up, until the season will admit of it. She will, I believe, come to live with us for some time, nor will you doubt that every thing will be done to assuage her grief and alleviate her distress. The poor little innocent is perfectly well, and by engag ing her mother's attention will divert her melancholy. But it is from time alone that we can expect complete relief. That will convert the present grief into tender regret. This we know from experience, and let this idea be cherished by you, as a means to prevent you from aggravating the misfortune. Let your tender ness for me, of which I have had so many proofs, have its influence on this occasion — think of my solicitude for you ! All your friends here unite in affectionate remembrance to you both. Present the same to your good aunt and uncle, and may the Almighty enable you to bear His dispensations with becoming re signation, is the fervent prayer of your truly affectionate Father and friend, P. V. S. TO THE SAME. Kinderhook, 9th Feb., 1797. My dear Children : I will suppose that all our letters, three in number, have safely reached you, and I will presume that we can judge of the state of your minds at the time you will receive this letter, by our own, at this present moment. I have satisfaction in telling you, vthat your sister Lydia behaves in a manner suited to her excellent judgment and her amiable disposition, and shows a tranquillity, which I trust PETER VAN SCHAACK. 449 you also will experience. Let her example stimulate your imitation. In the midst of her heartfelt grief for the dead, she displays a becom ing attention to her surviving friends, and to you in particular. There is a kind of generosity in grief, which leads us to dwell upon the object, and to be engrossed by it, in exclusion of all others ; but this is, in some measure, to be resisted. Would your generous brother not have dissuaded from this indulgence to grief? would he not have urged the claims of the survivors so dear to him 1 — he who, with so much studious care, concealed his complaints from those most near and dear to him ! The ways of Providence are mysterious, but we ought to have a firm reliance On its wisdom and goodness. On this subject you are not altogether uninformed, and it will be your duty to bring into practice, sentiments which you have admired in theory. Let me bring the following to your recollection, as leading to a just way of thinking, and a right frame of mind, on this subject : " Such to us, though infinitely high and awful, is Providence ; so it watches over us ; comforting these ; providing for those ; listen ing to all ; assisting every one : and if sometimes it denies the fa vors we implore, it denies but to invite our more earnest prayers ; or seeming to deny a blessing, grants one in that refusal." I doubt not but Betsey will also think of her favorite hymn. I am under great apprehensions, lest the tidings from us may have had an unhappy effect on your good aunt, in whose distress you know we have so sincerely sympathized ; but alas ! who in this world is without his share of calamity 1 I am with the tenderest affection, Yours, P. V. S. In May, 1811, Mr. Van Schaack's son, John, (his oldest child then living by the second Mrs. Van Schaack, and who was then in his twentieth year,) while reciting to his father one evening, complained of being unwell. The next day he was taken down with typhus fever, and died ten days afterwards. He was an ami able and promising youth — had just finished his collegiate course, and was to have taken his first degree at Union College a few weeks afterwards. 57 450 THE LIFE of Less than two years after this, another and still more severe stroke of affliction awaited him. In January, 1813, Mrs. Van Schaack, while practising the Christian virtue of charity, for which she was eminently distinguished, in visiting a poor family in the neighborhood, exposed herself to a fatal disease. She was taken sick on Saturday night with the epidemic then prevailing and scourg ing the country, and lingered until Friday following, when she expired, in the forty-eighth year of her age. This second bereavement of a similar description, and one peculiarly severe to him at his advanced age, and in his then state of almost total blindness, was submitted to by him with resigna tion and perfect submission to the will of Divine Providence ; and great as was the loss to him, not a murmur escaped his lips. He had enjoyed twenty-four years of tranquil felicity in her society, and death, in this instance, severed a tie rendered sacred by the utmost harmony, and by a reciprocal solicitude and affection. On the next ensuing anniversary of the day of her death, Mr. Van Schaack, at an early hour, and immediately after breakfast, re paired to an upper and secluded room in his house, where he remained in solitude through the day, without coming down to dinner. It was a day spent in solemn meditation upon her nu merous virtues : and what must not have been the contemplations of that vigorous yet sensitive mind, in reviewing the numerous and touching scenes of a long and eventful life ! Mr. Van Schaack was as tender of the sensibilities of others, as he was tolerant in his political sentiments. He could not en dure to have the feelings, or even the prejudices of his fellow- creatures sported with. This amiable trait in his character was particularly exhibited towards those whom Providence had placed under him as domestics, and he was also remarkably kind to them. He had a faithful old male servant to whom he was very much attached, and whose regard for him was equally great. This old servant fell a victim to the epidemic before mentioned. In a letter to an absent son, he thus feelingly speaks of his death : " What I wrote to you respecting poor Colly has produced anx ious feelings in you, I am sure. They have been but too fatally realized. He is no more. You will shed a tear over the remem brance of him, as he would have done over you, had you been PETER VAN SCHAACK. 451 called away before him. My loss is not inconsiderable, but, in point of property, not irreparable. In every calamity and disap pointment, if we diligently seek resources, by the providence of God we shall find them. As to the poor old man, I can truly say, — non meminis.se pigebit. Mr. Van Schaack was frequently cheered in his retirement, by a visit from his old friend Egbert Benson, whose social and travelling inclinations usually brought him to Kinderhook several times a year, even after they had both reached fourscore. There was a room in his house known as "Judge Benson's room." In the spring of 1818, they went from Kinderhook to Bedford, in the Judge's one-horse wagon, (the Judge being driver,) to visit their mutual and bosom friend Mr. Jay. They were both, at this time, upwards of seventy. TO JOHN JAY. Kinderhook, 2d April, 1825. My dear Sir: As my son David is going to New-York for two or three days, I avail myself of the occasion to present you with this token of my friendly remembrance, and permit me to add with emphasis my grateful remembrance, and at the same time to express my sincere wishes for the health and happiness of all under your roof, in which my children cordially unite. I have sometimes heard of you through my young friend F. De Peyster, Jr., and have been gratified to learn, that you enjoy your usual state of health. Mr. De Peyster has also informed me of friendly inquiries about me by your sons, which has afforded me no small pleasure. My health is very good, and were it not for the established complaint in my eyes, I should be able to visit my friends at a distance, and particularly yourself. Nor has it been a little mortifying, that upon full consideration I have been compelled to resist your friendly invitation. As it is, I am a fixture to my habitation, and from habit have become perfect ly reconciled to it, and can say with Horace ; " Lceviusflt patientd, quicquid corrigere est nefas." You and I, my friend, have lived in an eventful period and a long one too, " in life if long can be." The emancipation of our Southern neighbors from the thraldom of Spanish slavery and superstitious bigotry, must have afforded 452 THE LIFE OF you, as it has me, sincere pleasure. I must only hope, that in the frame of their government they will imitate ours, and that in forming their constitutions they will not " build a Chalcedon, with a Byzantium before their eyes." Benson spent two or three days with me last January, in his way to Albany, since which I have not heard from him nor of him, except a publication of his in an Albany paper ; I do not therefore know where his ubiquity has placed him at present. That this course of life may promote his health and happiness, is my earnest wish. Permit me to conclude with the assurances of my constant and unabated friendship. Yours sincerely, P. Van Schaack. TO PETER VAN SCHAACK. Bedford, Westchester County, 12th April, 1825. My good Friend : On the 9th inst., I had the pleasure of receiving your letter of the 2d, and of learning from it that your health was then very good. Mine continues to decline. I can neither read nor write much at a time without fatigue. Since Christmas, until the day before yesterday, (when I went to church,) I have been constantly confined to the house. I nevertheless seldom suffer from severe pain ; and in various respects have great reason to be thankful. Although your health and strength remain undiminished, yet the inconveniences resulting from the present state of your eyes are greatly to be regretted. Had I the same complaint, I should think it advisable to consult some of the excellent surgeons at New-York, and be guided by their advice as to the expedience of recurring to the operation, which is frequently and successfully performed in such cases. Your remark from Horace on the efficacy of patience under the pressure of calamity, is certainly just. Whenever patience comprehends resignation, it becomes an excel lent palliative ; especially to those who believe that afflictions are often dispensed for merciful purposes. Circumstanced as we both are, there seems to be but little probability of our having many opportunities of renewing those social interviews which we formerly and cordially enjoyed. Our peter van schaack. 453 time of life is approaching to a period when scenes more durable and more interesting, than those of temporal enjoyments or sufferings, will occupy our attention. I have not seen our friend Benson since September last. He was then very well. His frequent journeys doubtless conduce to his health, and the pleasure he takes in them easily reconciles him to occasional inconveniences. I should have been glad to receive your letter from the hands of your son David. Be assured that he, of any of your children, will always meet with a cordial wel come from, dear sir, Your affectionate friend, John Jay. Mr. Van Schaack was requested to draw up some sentiments for the anniversary meeting in May, 1826, of the Alumni of Columbia College — his alma mater. He prepared the following, which were adopted as regular toasts, on the occasion, referred to : 1. Our Alma Mater. Boctrina sed vim promovet insitam, Rectique cultus pectora roborant. 2. The Patrons and Promoters of Learning. Sui memores alios fecere merendo. 3. Our deceased Class-mates. Nee meminisse pigebit Sunt lachrymce rerum, et mentem mortalia tangunt. 4. The Under Graduate. Qui studet optatam cursu contingere metam Multa tulit,fecitque puer. 5. Our sister Colleges in the United States. Fades non omnibus una, Nee diversa tamen, qualem decet esse sororum." At this meeting of the Alumni, the following toast was drank, which deserves to be mentioned for its appropriateness and classic beauty. " Peter Van Schaack. Admired for his knowledge of the law, and for his classical attainments, and beloved for the virtues which adorn our nature. Quisjure peritior, quis virtute prcestantior V* * It was placed among the regular toasts, but was written by Col. Troup, who, as chairman, having toasted the orator of the day, could not properly propose a second volunteer. 454 THE LIFE of At the annual commencement in this year, the Faculty of Co lumbia College conferred the degree of Doctor of Laws upon Peter Van Schaack, Samuel Jones, and De Witt Clinton. TO FREDERICK DE PEYSTER, JUN. Kinderhook, 1th August, 1826. My dear Sir : If my grandson has been fortunate enough "to see you and de liver my message, you will be convinced of the coincidence of your feelings and mine, on the subject of the long interruption of our correspondence. We will not criminate or recriminate, but start de novo. I have -received your letter of the 2d instant, and find in it that attention to every thing that concerns me, which you have shown upon all occasions. I am not insensible to the honor done me by the Faculty of Columbia College — my venerated Alma Mater — nor to being toasted by Mr. Verplank after my two old esteemed friends Mr. Jay and Mr. Benson. I have said that I was not insensible to those honors, but the principal source of my gratification is the pleasure which I know my friends will feel on this occasion, unex pected, unlooked for, and I may say undesired by me. I am extremely happy to hear that Mr. Jay is in his usual state of health, I presume gradually declining, like his two old friends, to that country from whose bourne no traveller returns. I am in good health, but do^iot want that memento mori which Philip of Macedon imposed upon a monitor to repeat to him. I have the monitor within. When you call yourself my " affectionate pupil," you touch a very tender string of my heart. It is now more than seven years since you ceased to be so in fact, but your reminiscence, at this dis tant period, does honor to your heart, while it affords pleasure to mine. Yours most sincerely, P. V. Schaack. The last fifteen years of Mr. Van Schaack's life, were spent in great retirement, in the bosom of his family, at his seat in Kinder hook. With the exception of a visit to New- York in 1815, and the one to Bedford before alluded to5/he made no journey to any PETER VAN SCHAACK. 455 great distance, and he rarely left his native village, during the last mentioned period. This long and unobtrusive retirement led many to suppose that he was no longer living. But, although as to the active and noisy scenes of life he lived thus secluded from the world, it was not an " unprofitable solitude." His mind was in active employ, and its stores of philosophic wisdom, and classic and pro fessional learning, were called into daily and almost constant exer cise, in imparting instruction to his own children, or to his law and literary students. And the " round table" with its pile of Latin books, (among which his favorite Virgil was always one,) was at hand, at all hours of the day, and the leaves of its precious bur dens bore ample testimony to their constant use. No classical books (and there were many and a great variety in his study) were suffered there to contract mould ; nor from January to December, during a period of nearly half a century, could dust scarcely ever find an opportunity for reposing upon the oft-turned pages of Cicero, Ovid, Juvenal, Horace and Virgil. His valuable letters written from England to his son, are but illustrations of his ordinary conversations with his literary students, chequered as most of them were with the richest allusions and quo tations. His conversations with his law students, abounded with similar quotations, and with others adapted to that science, and such as were calculated to inspire the student with elevated ideas of his profession. What in another would have been considered pedantry, in him was nothing else than the natural flow of a mind chastened by a refined taste, and deeply imbued with the beauties of literature, and abundantly stored with the profound maxims and principles of that noble science, which he had made his pro fession. Mr. Van Schaack was highly complimented, when in England, upon the correctness and elegance with which he spoke the En glish language. Indeed the remark is hazarded, that few speak the language more correctly than well educated American gentle men of Dutch descent. His precision in the use of language, and his frequent corrections of the inaccuracies of others, subjected him to the imputation of hypercriticism. But an attentive mind would readily discover that there was use in it, however trivial or unimportant it might, at the moment, appear to have been. Bad 456 THE LIFE OF habits in matters of consequence, frequently arise from early care lessness in matters of less moment. A great share of litigation arises from the careless use or transposition of words ; and a large body of the decisions of our courts consists in giving construction to terms and expressions loosely used or carelessly applied in stat utes, or written instruments. Repetition, or the use of superflu ous words, was very grating to his ear. Should the question be asked, "When are you going to Albany1?" it would offend his nice ear to receive for answer, " I am going to Albany next week," when the last two words were all that was necessary to give a complete answer to the question. Such an answer unnecessarily repeating the question, he seemed to consider disrespectful. He liked plain yes and no, when nothing more was required to re spond to the proposition advanced. No opportunity was left unimproved by him for imparting in struction, and he was accustomed to say that " the only avarice he could bear the thought of, was the avarice of time." His daily well ordered avocations attested the value which he set upon that price less gem. To see him seated in his study, surrounded by his pupils, and imparting to them from the rich stores of his knowledge, one was reminded of the lines of his favorite Pope — " Though blind, a boldness in his looks appears ; In years he seem'd, but not impaired by years." The cultivation of mind, in the humblest sphere around him, was not neglected, and his little black attendant came in, in turn, for his share of instruction. If Frank was too young, or not a proper subject for learning Latin, (though it is doubtful whether his color would have excused him had he been a little older,) yet he could learn to spell door when he opened it, or the name of any other object which was called into use at the moment. He had a happy faculty of turning every thing to good account in the way of admonition or instruction. Occasions, situations and occurrences of the most familiar kind, and which with ordinary minds would pass unheeded, were improved by him to a useful purpose, by calling up some apt quotation, or valuable sentiment ; and by his fondness for instruction, they were made to promote the important object of advancing the young student in virtue, knowledge, or classical learning. PETER VAN SCHAACK. 457 He retained his relish for the Latin language until his dying day ; and a dish of Latin before breakfast was a very common in dulgence for some time after he had reached threescore and ten. Mr. Van Schaack was extremely partial to the writers of the Au gustan age ; — of these Virgil was his favorite. He could repeat many of the Eclogues, and a great portion of the iEneid, and he had the minutest parts of the story at his tongue's. end. So also he could recite large portions of the odes and epistles of Horace, and of the orations of Cicero, in the original. Of the Greek his knowledge was limited. He was a great admirer of the old English poets and prose writers, and more especially of Milton, Shakspeare, and Pope, (including his translations,) and the writers for the Spectator ; and he gener ally called for some of these works when he desired miscella neous reading. But it was difficult to interest him in most of the writers of modern times. Even the works of Scott and Byron could not enlist his feelings ; in fact, he never read but two novels in his life, and those were Clarissa Harlow and Sir Charles Grandison. He had an indifferent opinion of that kind of reading. The study of the Scriptures received much of his attention. He was particularly fond of the Psalms, and could repeat very many of them. The writings and character of St. Paul excited his admiration. From none of his classical students did he require or receive any compensation for the, large portion of time and care bestowed in their instruction, and not a few poor young men could testify to his solicitude . for their mental improvement. His soul seemed to be wrapped up in the intellectual cultivation of the rising generation, and he found his highest reward in the attention and progress of his pupils. He was emphatically the friend of youth, and their welfare found in him a fixed and unalterable devotion. Could a collection now be made of those lessons of wisdom which have fallen from his lips, while imparting instruction to his numerous pupils, during a long and industrious life of upwards of fourscore years, it would form a rich legacy to the rising generation. But, alas for the waywardness, the volatility and the inattention of youth ! the o-reater part of those invaluable instructions are now lost to mankind, and that loss is a subject of reproach to no one more than to the writer of this sketch. 58 458 THE LIFE OF Although living thus retired, he was not unmindful of his dis tant friends, or of his immediate neighbors ; — no suitable occasion for attending to the former was lost, and he was unremitting in those little civilities and kindnesses, which his situation enabled him to bestow upon the latter. For the punctilious discharge of those civilities he was eminently characterized, and it formed a pleasing trait in his character ; and as he was ever mindful, in this respect, of his duty to others, so also the reciprocation of these little attentions was received and cherished, in the gratitude of his heart. On the approach of a New Year's day, it was habitual with Mr. Van Schaack to recur to his old friends, and the absent mem bers of his family, with the compliments of the season. With him this was not an occasion for unmeaning ceremony, but for the expres sion of friendship sincerely entertained. The reader will perhaps anticipate which of those old friends he would be least likely to pass by, in the annual interchange of a " Happy New Year." TO JOHN JAY. Kinderhook, 21th Becember, 1826. My dear Sir : Let me break in upon your retirement with the wish of a hap py new year, and that it may be attended with every blessing which life, transitory as it is, can bestow ; and in this wish I comprehend every branch of your family. The return of this season habitually brings the recollection of days long since past, of youthful attachments and more mature connections dissolved, as well as of the few which remain. You have passed fourscore, and I am but a few months from it. Benson is between us, and I shall soon be followed by Harrison, Watts and Rutgers. These I believe are all that survive of our college cotem- poraries. Nos turba sumus ! I heard last May that apprehensions were entertained by your friends, that you were threatened with a new complaint. Benson, however, soon after informed me, that these apprehensions were dissipated, and since that I have heard that you are in your usual state of health, which I hope may long continue. I enjoy perfect bodily health, and freedom from pain. I have, however, been af fected with a deterioration of my hearing, but my family think peter van schaack. 459 that it has, within a few weeks, materially mitigated. In this sit uation, mixed of comforts and of privations, I will, I trust, submis sively " wait the great teacher Death and God adore." With an affectionate remembrance to all under your roof, Mrs. Banyar, Miss Nancy, and your son William and his family, in which my children unite, I am, my dear sir, Your sincere and obliged friend, Peter Van Schaack. TO PETER VAN SCHAACK. Bedford, 23d January, 1827. Dear Sir : I have received your friendly letter of the 27th ult. It gives me pleasure to reflect that our mutual esteem and regard have, from an early period, been constantly productive of cordiality and "rati fication. A kind Providence has extended our lives to the commence ment of another year. Very few of our early associates remain with us. Our abode here is merely pro hac vice, and our departure is then to place us in a state of eternal good or evil. That good can only be obtained by means of our merciful Redeemer, who was pleased to declare, " without me ye can do nothing." Although I have long been in a state of debility, yet it was lately so increased by an additional complaint, as caused me to de lay preparing a few lines to you more seasonably. That you and your family may always be blessed with benefi cial prosperity, be assured, is the wish of my children, and also Of your affectionate friend, John Jay. The foregoing letter to Mr. Van Schaack, is the last letter of friendship written by Mr. Jay, which his biographer has given to the public, in the interesting work which commemorates the life and character of that illustrious patriot. In connection with the one to which it is an answer, it forms also an appropriate con clusion to the miscellaneous correspondence of Peter Van Schaack. It is fit and proper, that the picture of so rare an instance of ele- 460 THE LIFE OF vated and disinterested friendship, should not be marred in its keep ing, and that its subjects having been " lovely and pleasant in their lives," should not be " divided in death," or even in the works by which the purity of their characters is commemorated. Mr. Jay departed this life, on the 17th day of May, 1829. The following epitaph was composed by Mr. Van Schaack for his old friend : MEMORIAE SACRUM, JOHANNIS JAY, Armigeri; qui obiit " 17 Mayi, Anno Domini, 1829. Si monumentum quceras — Tunsi pectora, hicjacet respondent Virtutis et Patriae amantes. heu pietas ! heu prisca fides ! And here it becomes us to take leave of another old friend, whose name should not be forgotten in this connection. FROM EGBERT BENSON. Jamaica, August, 25th, 1829. Dear Sir : I have received the line from you. The visit of David since, — and for the attention I feel myself truly obliged to him, — has al most saved me from the necessity of an answer. He can report to you all about me. You have received A. B. and C. D., and by this time you will have received A. B. in conclusion.* I received a very cordial letter from William Jay on the occa sion of the death of his father. In my answer, the following Scrip tural passage served for my concio funebris. " The season was come, in which the shock of corn should come in." I am free from disease and pain ; still strength and sight fail me perceptibly. A gracious Providence has made the failing gradual. Day by day a respite ; day by day a warning. Yours sincerelv, Peter Van Schaack, Esq. E. B. * These were papers Judge B. was writing for the N. Y. American. He was then upwards of SO. peter van schaack. 461 Mr. Van Schaack survived his friend Mr. Jay three years. But the residue of his life was one of the same uniform retirement, and its avocations have been so fully detailed in the preceding pages, as to require no further comment at the author's hands.* In the occupations which have been mentioned, and in the ample re sources of his mind, he found constant promotives of that cheer fulness, which, although he continued totally blind, rarely deserted him. " Butt it was in the tenderness and fidelity of his children, that he found the most certain and gratifying indemnity for the evils he would otherwise have suffered. Not to speak of other members of the family, he enjoyed the constant, affectionate attendance- of daughters, whose highest wishes were centered in his happiness. The declining years of Mr. Van Schaack were smoothed and blessed, and his life perhaps protracted to its unusual length, by this faithful performance of the duties of filial piety. Until about six weeks previous to his decease, his bodily health was uncom monly good for a person of his advanced age, and his mind was equally vigorous. He was then seized with a paralytic affection, from which he never recovered, his health gradually declinino- until his death. His mental faculties, however, remained compar atively unimpaired to the last, and he displayed a great degree of patience, and an entire submission to the will of his Creator. In the purity of his life, and in his calm composure and resignation in the hour of death, his numerous family and connections have an abun dant source of consolation and pleasing reflection." He departed this life on the 27th day of September, 1832, and his body was interred in the village church-yard, at Kinderhook, there to remain until the sea and the earth shall give up their dead ! In his character, Peter Van Schaack united the energy and decision of his father, with the tenderness and refined sensibility of his mother. In personal appearance, also, he bore a marked re- * The present work might have been greatly enlarged by additional se lections from Mr. Van Schaack's later correspondences, as well as by extend ing those of an early date, but it was inconsistent with the author's determi nation to confine it to a single volome. t Extract from Mr. Butler's biographical sketch before referred to. 462 the life of semblance to the former, rendered more imposing, however, by the increased respect inspired by a consciousness of" the mind within," and which in the son had been improved by the advantages of a thorough education, by a highly cultivated taste, and by the polish and refinements acquired by foreign travel and a city life, as well as by an extensive and intimate acquaintance with the learned '^and distinguished men of his day. "Nature had conferred upon him a form and countenance which corresponded in strength and dignity, to the measure of his intel lect. Even after death his features retained the noble impress of his superior endowments, and might almost have been taken for some marbled monument of ancient genius, to which they bore a peculiar and most interesting resemblance."* His manners were those of a gentleman of the old school, modest, dignified and ele gant, and such as to constitute the perfect gentleman. Having, in the course of these pages, laid before the reader the private and confidential correspondences of Mr. Van Schaack, fully developing the various traits in his character, together with his private meditations authenticating his sentiments under his own hand, a summary of that character would seem to be supererogatory. His idiosyncrasy has here been " gradually developed," and the reader has been furnished with ample and well-authenticated facts and materials from which to draw his own inferences, and which facts are of so striking and consistent a nature, as scarcely to admit of a varying picture in any hands, whether the limner be a stran ger or friend. They exhibit his character in the amiable light of a man endued with philanthropy, integrity, charity, benevolence, fortitude, sincerity and candor; as a citizen, anxious to render himself useful, without regard to the enticements of ambition ; and, as a Christian, receiving with perfect submission to the divine will the severest dispensations of Heaven, while his heart over flowed with gratitude for the humblest mercies imparted from the same adorable source. His precepts as a philosopher, w ere at once sound and practical ; and as a jurist, he was learned, logical, discriminating and pro found. As a scholar, we have the most pleasing evidence of his refined * Mr. Butler. PETER VAN SCHAACK. 463 taste and cultivated mind, in his. letters written from England to his son. While they abound in elevated sentiments, and are rated by a high standard of morality ; while they exhibit the sterling qualities of frankness, good sense, a pure taste and gentlemanly breeding ; and while they are marked as well for the mind which they exhibit as -for the instruction which they convey; — these letters are also distinguished for the purity, dignity and perspicuity of their style, ' for the gracefulness and elegance of their diction, and for classical scholarship, being replete with the rarest allusions culled from. Roman and English authors, and many of which are as much to be admired for the aptitude of their application, as for their intrinsic beauty. Although written more than half a century since, they have lost none of their interest or originality ; — and they constitute a mirror, which beautifully reflects the polished and disciplined mind of the author, and through them, " though dead, he yet speaks." If this be the language of eulogy rather than fact, the means of correction are placed within the reader's reach. To say that Peter Van Schaack had no faults, would be to place him without the pale of human infirmity : but if he had any vices their existence is unknown to the author. His resignation was abundantly exhibited by his " unabated cheerfulness," for a long term of years, under the severest person al privations, which had been preceded by the overthrow and dis appointment of his leading views and prospects in life ; and to this Christian grace, he added the wisdom and fortitude of philosophy, and exemplified the motto he had chosen — superanda fortuna ferendo. Brought up in the school of affliction, he knew how to appre ciate the sufferings of others ; and that admirable sentiment of Terrence — homo sum nil humani a me alienumputo — was one of his favorite quotations, and found a ready response in his bosom. Although not called to an official station in the republic, he " did the state some service," in the more retired and unostentatious, but not less responsible, capacity of an instructer of her youth, and of fitting them for the future discharge of useful and responsible sta tions in the republic. If the remark of a modern philosopher be correct, that " to educate a child perfectly requires profounder thought, greater wisdom than to govern a state," why is not he 464 THE LIFE of entitled to his country's gratitude, who has successfully devoted his talents, and so great a portion of his life, to so difficult a task 1 His qualifications in this respect were unsurpassed, if not unrivalled ; and they entitle him to the rank and name of the modern Quin- tilian. Banished under circumstances of peculiar hardships, and for no crime,— "-for it was his only offence that in the conscientious -exer cise of the right of opinion, he did not think his allegiance to the parent state was dissolved — yet, (as was said of Thucydides in reference to his ostracism,) " he was so nobly complexioned," that on his return to his native state," no murmur or complaint escaped him upon account of his severe, undeserved treatment from his country ;" and he was ready to exert his best energies in her ser vice, and the intellectual acquisitions of that leisure which his exile had created, were freely poured into the lap of her, who had pre scribed to him " the bitter bread of banishment." However exposed to a contrary construction, in all his politi cal conduct, Peter Van Schaack was governed by a love of his country, and by a sincere desire to promote its prosperity and wel fare. He was opposed to taking up arms at the commencement of the Revolution, from a sincere conviction that a connection with Britain was essential to the prosperity of the colonies, and that a civil war would only involve them in anarchy and ruin. Although he condemned the measures of ministers, yet his judgment and his charity led him to the conclusion that " they did not manifest a system of slavery, but might fairly be imputed to human frailty and the difficulty of the subject." But when, upon being transferred to London, he witnessed the corruption of the government, and be came satisfied of the evil designs of the British cabinet, he hesitated not to make known his change of sentiment, though exposed to the charge of political apostasy ; and he panted for peace, desiring that an end might be put to the horrors of civil war, by the unconditional acknowledgment of his country's independence. When peace was proclaimed, and independence acknowledged, he rejoiced in his heart ; and, on the establishment of the New Govern ment, his bosom swelled with the patriotic sentiment — esto per- petua ! Anxious to promote the prosperity of the rising States, he im- PETER VAN SCHAACK. 465 proved the advantages afforded by his situation in a foreign land, to encourage emigration ; and he was ever ready to vindicate the abi lities of his countrymen against the overbearing disparagement of foreign insolence. In view of the good which his country was likely to derive from the successful issue of the Revolution, we find him " rejoicing in restraints" which he had experienced in his own person, " and which he had once deemed a grievance," and;we see his solicitude, " without any retrospect to the past," for the estab lishment of the new Republics on a firm and durable basis, " by laying their corner-stones in justice, equity, and a spirit of concilia tion :" — and on returning to his native country, and resuming his citizenship, we find him devoting his talents and energies to her ser vice, in the education of her youth, — giving to the new order of things a cordial and liberal support, and becoming a worthy, use ful, and inoffensive citizen. \ \ 59 APPENDIX. Mr. Borke's letter, respecting the Hearing at the Cockpit upon the petition for the removal of Governor Hutchinson. On Saturday last the Lords of the Council took into consideration the petition of the colony of Massachusetts Bay, for the removal of their Governor and Deputy Governor. The counsel for the petition were Mr. D. and Mr. Lee ; for the Governor, Mr. Weddeburn.* The counsel for the province contended that no cause was instituted ; that they did not think advocates necessary; nor were Ihey demanded on the part of the colony. That the petition of the colony was not in the nature of accusation, but of advice and request. That it was an address to the King's wisdom, not an application for strict criminal justice. That when referred to the Council, it was a matter for political prudence, not for judicial determination. Therefore, as such, the matter rested wholly in their Lordships' opinion of the propriety or impropriety of continuing persons in authority, who are represented by legal bodies, competent to such representation, as having (whether on sufficient or insufficient grounds) entirely forfeited the confidence of the assemblies with whom they were to act, and of that people whom they were to govern. That the resolutions on which that representation is founded lay before their Lordships, together with the letters from whence those resolutions arose. That these were the materials, and. the only materials on which the pru dence of the Council was to operate; they were fully sufficient as grounds for that prudential consideration, however inadequate they might prove for the support of a criminal charge; a charge they were by no means authorized to make, nor furnished with legal evidence to support. If their Lordships should think that these actionsf appeared to the colony representative to be faulty, ought in other places to appear mer itorious, the petition has not desired that the parties should be punished as criminals for these actions of supposed merit. It does not even desire * Afterwards Lord Loughborough.'- » t A sentence or part of a sentence has here evidently been omitted in copying. .;^. 468 appendix. that they may not be rewarded. It only humbly requests that these gen tlemen might be removed to places where such merits are better under stood, and where such rewards might be more approved. The ground was taken with skill. It was attacked, too, with no small ability. Mr. Weddeburn stated the determination on this petition, as what must decide whether the King should ever be faithfully or reso lutely served in any part of his dominions. He considered the petition as a criminal accusation, and expatiated largely on the insufficiency of the matter charged, as well as the invalidity of the evidence. He exten uated the supposed offence in the contents of the letters. He asserted that they were private letters, written to a private person, and (in the usual freedom and confidence of such intercourse) starting sentiments, and running into discussions wholly remote from any view to practice, as a mere exercise of fancy, like the politics of Utopia or Oceana. He dwelt on the merits of the Governor, in relation to his province and to government, and the confidence which it was admitted he had long possessed, which from his constant affection to his country men he still merited, and which he had by no means generally forfeited. That this confidence, so justly acquired, was affected, partially and for a time, by the management of a faction that had got into momentary power. He expatiated on the disorders which had prevailed in town meetings ; and on the temperate and manly conduct of the Governor, in the midst of such trials. He ended by falling severely upon the means of obtaining and communicating these obnoxious papers, and of the evil effects that such proceedings (which he contended could not possibly be fair ones) had upon the public peace, and the fatal ones they were very near producing to the quiet, fame and lives of individuals. The Council was the fullest I have ever known. It did not seem ab solutely necessary, from the nature of the case, that there should be any public trial whatsoever. But it was obviously intended to give all pos sible weight and solemnity to the decision. The petition was rejected.* B. Mr. Cruger's speech on Mr. Fox's motion, for '¦ an inquiry into the causes of the ill success of his Majesty's arms in North America." Mr. Speaker: The honorable gentleman who opened this debate, has spoken so fully and eloquently to every part of the question, that any thing farther in support of this motion may appear unnecessary. But, sir, when a subject of so much importance is before the House, it behooves every man * See a full account of this subject in Sparks' Life and Writings of Frank lin. Vol. I. pp. 356—370 ; IV. 405—455. appendix. 469 to lay aside the reserve of diffidence, and express his sentiments with freedom and candor. If there is any point in which the different interests of this House should unite, it must be in a conviction of the necessity and expediency of inquiring into the causes of the present alarming state of public affairs. By discovering what has proved ruinous in the past, we may learn at least to avoid the same pernicious steps for the future. If their mea sures had been conducted with justice and prudence, 'tis a duty which administration owe to their characters, to disarm, by a free examination, that censure on their conduct which may possibly arise from ignorance. But if they love darkness rather than light, " because their deeds are evil,:' it becomes the guardians of the nation to drag their miscarriages into open day, and expose them, with all their deformities, to public in vestigation. If, Mr. Speaker, such an inquiry was ever necessary, the present time demands it. If we look to the past, one uniform train of disappoint ments and misfortunes crowd the view; if to the future, a gloomy pros pect of increasing miseries, from a continuance of the same left-handed policy and ill-projected measures. We are involved, sir, in a war, in which success itself would be ru inous. The colonies, as if animated with one soul, are determined to perish or be free. "We are told they must be subdued. We shall soon he called upon to make new exertions of force. Every thing wears the face of hostile preparations ; and, as if disappointment could create con fidence, we are urged to pursue the same fatal measures by arguments drawn from their miscarriage. " Nothing ('lis now said) will satisfy America but independence ; that the people of that country have almost unanimously taken up arms ; they act not only on the defensive, but have endeavored to deprive you of all Canada ; an inquiry (they say) would produce a fatal procrastination ; the urgency and necessity of the case demand and justify immediate vigor and execution. These must be pursued or the government of the colonies surrendered to an ambiguous Congress.'' Such, sir, are the reasons advanced to preclude inquiry, and to pro cure a hasty acquiescence in schemes of policy, on which the fate of the empire so materially depends. By such arguments as these our jeal ousy is excited and our resentment inflamed against a people, who, after the most earnest endeavors to preserve their liberties from invasion by petition and remonstrance ; after having repeatedly submitted their com plaints (without effect) to the justice of Parliament, and laid them hum bly at the foot of the throne; after beholding the most formidable pre parations to divest them of their rights by the sword ; after finding hostil ities already commenced and fresh violences threatened, have taken up arms in their own defence, and endeavored to repel destructive force by force. 470 appendix. The complexion and character, sir, of their present opposition (whether unjust or honorable) rests not on their present measures, but arises from, and must be weighed by, the causes which have made such a conduct and such measures necessary. A free and impartial inquiry, therefore, into the leading and primary causes, is indispensably necessary to a just decision of the case. If their claims of exemption from Parlia mentary taxation are founded in equity and the principles of the consti tution ; if they have been driven by a wanton, cruel, and impolitic attack on their privileges, to their present desperate defence ; then, sir, the whole guilt and censure is chargeable on those, and those alone, whose ambition and ill-directed measures have forced them to those ex tremities. Thus, also, if a form of government is introduced into Canada, (breathing little of the spirit of English liberty,) and intending to link the Canadians to the chain of ministerial influence ; if they scrupled not to make a religion, which has so often deluged Europe with blood, an engine of their despotism to crush the Protestant colonies ; if every arti fice was used to seduce and employ a servile, bigoted people, to subvert the liberties of America, can we wonder, sir, can we complain if the col onists wisely diverted the storm, and secured a country to their own alli ance, the strength and arms of which were avowedly to be directed to their destruction ? When what was dearer to them than their lives — their liberties were at stake ; when, Mr. Speaker, their opposition to government reached no higher than petition and resolves, then they were stigmatized with want of courage. Every method was taken to irritate them. Insults on their character as a people were added to encroachments on their rights as citizens. The pencil of confident oppression described them as a herd of pusillanimous wretches, whom the appearance of martial array would terrify into submission. How unjust, how impolitic to reduce men to the miserable alternative of being branded with the epithet of cowards, or of taking up arms to vindicate their injured honor and liberties; first to compel them to resistance, and then derive arguments of their guilt from their vigor, courage, and success. How contemptible the cause which pleads the misfortunes it has occasioned as reasons for its support ! The arguments of administration, stripped of their false colorings, with all humility, I conceive to be these : " We have plunged Great Britain into a most expensive and ruinous contest with her colonies ; we have opened the door for endless animosities, by reviving disputed questions and claims which shake the foundation of the empire. The measures we have pursued have increased the storm and multiplied the common mis fortunes. We have joined all America in a firm league against you. Your trade has been impaired ; your ships insulted and taken. We have lost for you every place of strength or importance in the Colonies ; and have left you an army broken by sickness, fatigue, and want, and now perishing under all the mortifications, ignominy, and miseries of an in- APPENDIX. 471 glorious imprisonment." These, say they, " are our pleas for support ; these are the recommendations of our councils. We lay before you the mis carriages and evils which our past measures have produced, to persuade you to place new confidence in our wisdom, and to give more liberal aid to our judicious schemes for the future." These, however, sir, are not the only blushing honors which deck the temples of administration. They have lately displayed the happy art of drawing arguments in their favor, from the misfortunes of their friends, as well as from the success of their enemies, and prove that they are as incapable of gratitude as of justice. When gentlemen in this House (in fluenced by motives of humanity) recommended an exception of the friends of government in the Colonies from the rigors of the late prohib itory bill, administration suddenly changed its voice ; and they who just before had boasted that a majority of the Americans were friendly to their cause, and only waited an opportunity to declare it with safety, now pronounced, that no distinction could be made, for that they had preserved at best " a shameful neutrality," and deserved to be subject to the com mon calamity of their country. This, sir, was the liberal reward bestowed on men who espoused their cause from principle, and maintained it undaunted and unsupported, through obloquy, and the most imminent danger to their fortunes, families and lives. I will not at present trespass on the patience of the House by entering into particulars ; but I cannot forbear saying, the friends of peace and good order in the province of New- York, did not deserve to be reproached with " a shameful neutrality ;" they stood forth and opposed, as long as they were able, the increasing current of tumult and disorder, and ex posed themselves, by their endeavors to preserve their colonial constitu tion, to the resentment and vengeance of their incensed neighbors. In a dutiful manner they submitted their grievances to the clemency of this House, and the justice of their sovereign. I need not insist on the con sequence. I shall not dwell on the contempt with which their zealous advances to a reconciliation were rejected. But this I must desire all those who declaim on their ignominious neutrality to remember, that administration not only neglected to aid them with a force sufficient to maintain their opposition against the zealots in their own province, and the united pow ers of the adjacent colonies, but withdrew to Boston the few troops under the command of Gen. Haldiman, which might have assisted in preserving order, and the freedom and impartiality of public proceedings. By such means the colony was laid open to incursions. Many were obliged to secure their persons from danger, by forsaking their friends and country, and leaving their property at the discretion of their enemies, whilst a greater number waited with silent patience, under every affliction, for the vigorous protection of Great Britain. Their zealous and firm adherence to their principles, crown them 472 APPENDIX. with honor. That they have not been successful ; that they were borne down with the superior force of their opponents ; that they are left to share in the common distress and common punishments of their unfortunate countrymen, beams no lustre, however, on the characters of those by whom they were neglected, betrayed, and sacrificed. By this impolicy (to call it by no harsher name) the command and management of the key and mainspring of America, has been lost to this country ; a speedy and effectual security of which, might have saved us from the present gloomy prospect of intestine carnage and accumulating misery. Surely, sir, the representative body of the nation are bound in duty to their constituents, to examine the reasons of such neglect and misconduct; and they in particular who are the asserters of parliamentary supremacy, are concerned to inquire why so effectual a method of weak ening the opposition in America, and supporting their own adherents, has been totally omitted. But, sir, there is no necessity of dwelling on this circumstance, to prove the obligations this country is under to ministers. Disappoint ment and disgrace have marked all their measures ; and, as if miracles had been wrought to strike conviction on this House, they have not once even blundered into success. It may, therefore, reasonably be hoped, that before we blindly follow any farther, we may not only contemplate our present situation, and the ground we have already passed, but pay particular attention to that which lies before us. Admitting (for the present) however, sir, that a force sufficient to subdue them can be sent out; admitting that this country will patiently bear the enormous weight of accumulated taxes, which so distant and unequal a war will require ; admitting that foreign powers (the natural enemies of Britain) will with composure and self-denial neglect so fav orable an opportunity of distressing their rivals ; admitting that your fleets, unopposed, level with the ground those cities which rose by your protection, were the pillars of your commerce, and your nation's boast ; admitting that foreign mercenaries spread desolation, that thousands fall before them, and that humbled under the combined woes of poverty, anarchy, want, and defeat, the exhausted colonies fall suppliant at the feet of your conquerors ; admitting all this will be the case, which can not well be expected from the past, here necessarily follows a most mo mentous question : What are the solid advantages which Great Britain is to receive in exchange for the blessings of peace and a lucrative com merce ; — for the affections, for the prosperity, for the lives of so many of its useful subjects sacrificed? Will the bare acknowledgment of a right in Parliament to tax them compensate for the millions expended, the danger incurred, the miseries entailed, the destruction of human happiness and life that must ensue from a war with our colonies, united as they are in one common cause, and fired to desperate enthusiasm by apprehensions of impending slave- APPENDIX. 473 ry 1 Or can we be -so absurd as to imagine concessions extorted in a time of danger and urgent misery, will form a bond of lasting union 1 Impoverished and undone by their exertions and the calamities of war, instead of being able to repay the expenses of this country, or supply a revenue, they will stand in need of your earliest assistance to revive de pressed and almost extinguished commerce, as well as to renew and uphold their necessary civil establishments. I am well aware, sir, that it is said we must maintain the dignity of Parliament. Let me ask, what dignity is that which will not descend to make millions happy, which will sacrifice the treasures and best blood of the nation to extort submissions — fruitless submissions, that will be dis avowed and disregarded the moment the procuring oppressive force is removed 1 What dignity is that which, to enforce a disputed mode of obtaining a revenue, will destroy commerce, spread poverty and desola tion, and dry up every channel, every source from which revenue or any real substantial benefit can be expected 1 Is it not high time then, Mr. Speaker, to examine the full extent of our danger, to pause and mark the paths which have deceived us, and the wretched, bewildered guides who have led us into our present diffi culties 1 Let us find the destroying angel, and stop his course, while we have yet any thing valuable to preserve. The breach is not yet irre parable ; and permit me with all deference to say, I have not a doubt, but that liberal and explicit terms of reconciliation, with a full and firm security against an oppressive exercise of parliamentary taxation, if held out to the colonies before the war takes a wider and more destructive course, will lead instantly to a settlement, and recall the former years of peace, when the affections and interests of Great Britain and America * were one. But, sir, if, on the contrary, we are to plunge deeper in this sea of blood; if we are to sacrifice the means and materials of revenue for idle distinctions about modes of raising it ; if the laurels we can gain, and the dignity of Parliament we are to establish, can be purchased only by the miseries of fellow subjects, whose losses are our own ; if the event is precarious, the cause alien to the spirit and humanity of Englishmen ; if the injury is certain, and the object of success unsubstantial and insecure, how little soever the influence my poor opinion may have on this House, I shall free my conscience by having explicitly condemned all such un profitable, inadequate, injudicious measures, and by giving my hearty concurrence to the motion. The unjust but determined purpose of the British Court, to enslave these free states, obvious through every delusive insinuation to the con- 60 474 APPENDIX. trary, having placed things in such a situation, that the very existence af civil liberty now depends on the right execution of military powers, and the vigorous, decisive conduct of these being impossible to distant, numer ous and deliberative bodies ; this Congress, having maturely considered the present crisis, and having perfect reliance on the wisdom, vigor and uprightness of General Washington, do hereby Resolve, That General Washington shall be, and he is hereby vested with full, ample, and complete powers to raise and collect together, in the most speedy and effectual manner, from any or all of these United States, sixteen battalions of infantry, in addition to those already voted by Con gress ; to appoint officers for the said battalions of infantry ; to raise, of ficer and equip 3000 light-horse ; three regiments of artillery ; and a corps of engineers, and to establish their pay ; to apply to any of the states for such aid of the militia as he shall judge necessary ; to form such magazines of provisions, and in such places, as he shall think proper ; to displace and appoint all officers under the rank of brigadier general, and to fill up all vacancies in every other department in the American army ; to take, wherever he may be, whatever he may want for the use of the army, if the inhabitants will not sell it, allowing a reasonable price for the same ; to arrest and confine persons who refuse to take the con tinental currency, or are otherwise disaffected to the American cause ; and return to the states of which they are citizens, their names, and the nature of their offences, together with the witnesses to prove them. That the foregoing powers be vested in Gen. Washington, for and dur ing the term of six months from the date hereof, unless sooner deter mined by Congress. D. Letter from the Convention of New- York to Isaac Paris, Esquire, chairman of the committee of Tryon county, upon the subject of admin istering a general oath of allegiance.* Kingston, April l§th, 1777. Sir: The Convention have directed me, in answer to your letter of the 2d instant, to inform you, that they acknowledge with pleasure the zeal and attention to the public welfare manifested in most of your public pro ceedings. They are, however, very doubtful about the propriety of ad ministering a general oath of allegiance, especially while the want of a regular government gives people a plausible pretence to refuse it. In those few counties in which it has been tried, it has been found productive of much evil, and laid aside, after experience had of its " Minutes of the Convention. APPENDIX. 475 inutility. It is sometimes dangerous to probe a wound too deep. Our unacquaintance with the characters of the people of your county ren ders it difficult to advise you respecting those you have taken up : we can only, in general terms, recommend you to keep a watchful eye over such as you may suspect, and to retain those in custody whom you may deem dangerous. The nature of their confinement must be submitted to your prudence. The inclosed resolves contain an answer to other parts of your letter. I am with respect, sir, Your most obed't servant. By order, Pierre Van Cortlandt, Jr., President. E. Detail of proceedings in relation to the district of Kinderhook.* In June, 1774, a committee of two persons was chosen for the district of Kinderhook, and in May, 1775, another committee, consisting of four, was chosen to represent the district in County Committee. The former election was held at Cornelius Vosburgh's, and the second at the church, as appears by the returns, which was to continue till the 21st December. A. On the 30th October, the general committee ordered new elec tions throughout the county. Our district committee gave regular no tice to the freeholders, to meet at the house of Cornelius Vosburgh to elect a new committee and to give their votes for deputies. The poll was held and a number of votes taken for Andrew Witbeck, Barent Van derpoel, Cornelius Van Schaack, Jun., and Derick Gardinier. At length votes were challenged and rejected, for not being freeholders, whereupon one Isaac Goes with a small party left the place of election, and opened a poll by their own authority, at which, after several days' exertion, they got a few more votes than those taken by the district committee. Both polls were returned to the County Committee, who received the one re turned by the district committee as the regular one. Some time after, however, the same committee resolved that this matter should be referred to the new committee, and be resumed by them as the proper judges. Their judicial decision, you will perceive by the inclosed letter marked B, and the reasons why our district committee refused to accede to the compromise, you will collect from their answer annexed to it. All this time, not a word was said about the place of election, but after the com mittee took their seats, and had rejected a second proposal for taking in * The documents marked A, B, C, D, E, referred to in this detail, have not been found by the author. 476 APPENDIX. two and two of a side, it was then alleged that the election was not held at the proper place. In vain was it urged and proved, that the houses of Cornelius Vos- burgh and Tobias Van Buren were not above two hundred yards apart, and that neither of the former elections for Committees and Deputies had been held at the latter place, and that to impeach the present elec tion on account of its being held at a supposed wrong place, was to im peach every thing the district had done in relation to Congresses and Committees : that although elections for town officers had been for sev-* eral years held at Tobias Van Buren's, yet, before that time they had been held at other houses. And that in May, 1775, the people at a town meeting in consequence of an act of Assembly, voted that their future elections might be held at anyplace in the town of Kinderhook; notwith standing all this the committee vacated the election, and took great of fence at a protest, which one member left in justification of their own, and the conduct of their predecessors. Then it was that the general commit tee, being credibly informed by Mr. Goes, that the majority of the old free holders might be against him, yet, upon the whole, the major part of the inhabitants were in his favor, ordered, not that tenants having lands of a certain value, but that every inhabitant should vote. The new election terminated in a great majority of voters in favor of the old members. In May, there was another election, which ended without opposition in favor of Lucas Goes, Lambert Burghardt, Abraham Van VIeck and Peter Van Schaack, who attended the county convention at their next sitting. It is proper here to remark, that after the district election, and before the meeting of the committee, bodies of armed men, from Clavefack and King's districts, and from Massachusetts Bay, had invaded the district, and without authority of any committee in this county, had disarmed, dragooned and ill-treated the inhabitants, of which a regular complaint was made to the county committee in writing. A sub-committee was by them appointed to inquire into the facts, who reported that they had been fully proved on oath before them. Notwithstanding this, no notice was taken of the report, and no redress given to the persons injured ; and in stead of passing a censure on the delinquents, the committee left them in possession of what they had taken, and expelled the district committee "unheard, unquestioned, and without even the specious formality of a trial," and that too by an order made expressly for the purpose. The election, in November, 1775, was ordered to be of the freehold ers, (this was consonant to the orders of the general Congress in 1774,) — that in January, 1776, by all the inhabitants. Neither would answer the purpose of bringing certain persons in. A new engine was now set in motion, and none were to be chosen, but those whose principles were known to be friendly to the American cause ; and no elector was to vote unless he had signed the association previous to that order. See paper E. APPENDIX. 477 This paper was preceded, the day before, with a party of fifty men, who came with an order from the general committee, to take up seven teen of our inhabitants, among whom were those who have been sup posed to have most influence, and who were committed to prison, upon a charge hereafter to be mentioned. But, though the committee declared that there was a just necessity for the district's being represented, and though they had fixed the quali- ^fications for the members as well as voters, and though the persons who were supposed most unfriendly were safely lodged in jail, and though there was an armed force to intimidate opposition, yet so it happened, that the election again failed, as the returning officers (not inhabitants of this district, but appointed by the committee) could not hold their poll, each having a different opinion from the others respecting the mode of taking votes, and deciding the qualifications of the candidates and electors. No return therefore was made, and the district remained un represented. This was in June, and although the Provincial Congress had ordered that the sense of the counties should be taken, respecting the deputies to form a new government, and although the county com mittee had ordered elections in every other district, yet the freeholders of Kinderhook, as numerous, wealthy and respectable as any other dis trict, were excluded from the privilege of voting on this truly momen tous occasion. During all this time, however, though the district was deprived (whether rightfully or arbitrarily must be submitted) of the privilege of representation; they were not however forgotten when any burthens were Mttposed, their quotas of drafts being strictly required, and faith fully furnished, with a temper and forbearance which encouraged new insults. The seventeen persons who were apprehended upon the mandate before mentioned, were kept imprisoned for seventeen days, (all offers of bail being rejected,) and then discharged, the committee declaring that the charge against them was not of sufficient weight to require de fence. There was to be punishment, however, though there was no guilt; for, notwithstanding their declared innocence, they were charged with the expense of a major, and a party of fifty-odd men, to parade through the district, though not a man but would have attended upon the slightest notice. Nor was this yet sufficient ; but the charges were to be accumulated by transmitting the bill of costs to the committee of another district, who employed an officer, who levied his mileage in addition to the original charges, and all this without any request from the com mittee for the payment, or any intimation that they were to be paid. Even at this time, one of the majors, with some other officers, picked and culled by himself, without any notice to the other field officers, are fining the people at their will and pleasure, for not going on the late alarm. It is said that some of them have this week obtained commia- 478 APPENDIX. sions, superseding the old field officers ; but they have been fining even a fortnight before they received them. Thus are the people deprived of their property, by a resolve of the, committee, (a body in which they were not permitted to have a repre sentation, and one which was therefore a mutilated one,) a resolve ma terially differing from that of the Provincial Congress, as it imposes a fine of fifty pounds ; and a resolve never published in the district till its effects are so severely felt. Upon what representation the officers are superseded is not known, as they had not any hearing previous to it, but it may be proper to re mark, that the Colonel went up on the alarm with the first, and staid with the last of the militia. This officer is deprived of the right of fining, while Colonel Lansing, of Albany, who was buying goods at Philadel phia during the time, holds his seal in imposing the fines on his regiment. Thus have the inhabitants of this district been used; while, notwith standing the assertion of the committee, that there was not only a neces sity, but a just one, that they should be represented, they have been excluded from a representation at every Board on the continent ever since June last, and at the Provincial and Continental Congresses, too, ever since December, 1775, if the election was justly vacated in January, 1776, on account of its being held in an improper place. I pledge myself for the proof of the above facts if they are contro verted. Kinderhook, 25th Jan., 1777. Peter Van Schaack. F. Die Lunce, 10 ho. A. M., February 3d, 1777. The Committee met pursuant to adjournment ; present : James Livingston, Esq., Chairman. Mr. Duane, Col. Broome, > New-York. Mr. Rob. Harper, ) Mr. Adgafe, ) Albami Mr. Rob. Yates, $ Albany. Mr. Tappen, Ulster. Judge Graham, Westchester. Mr. Jos. Smith, Orange. Mr. Newkirk, } „, Mr. Wm. Harper, \ TrVm- Mr. Stephens,, Cumberland. Major Webster, Charlotte. A letter from Peter Van Schaack, dated at Kinderhook on the 24th January, was read. He therein informs, that he is sentenced by the APPENDIX. 479 committee for detecting conspiracies, on their order, to make the town of ¦Boston his prison — he therein assigns some reasons for his havino- re fused taking an oath of allegiance to this State, and requests permission to remove from this State with his family and effects. A detail of the proceedings of the county committee of Albany, and of the district committee of Kinderhook, from June, 1774, to January, 1777, inclosed and therein referred. to, was read. A paper marked A, referred to in the said detail as a copy of the order of the general committee at Albany for the choice of a new com mittee, dated 30th October, 1775, and a copy of an advertisement of the Kinderhook committee, dated November, 1775, was also read. A paper marked B, mentioned in the said detail as a copy of a letter from Abraham Yates, Jun., chairman of the committee of Albany, to the committee of Kinderhook, dated the 7th December, 1775, was read. A paper marked C, and referred to in the said detail as a copy of an advertisement for holding an election for a committee, to represent the district of Kinderhook, in the general committee of the county, and dated January 6th, 1776, was read. A paper marked D, and referred to in the said detail as a copy of the protest from the committee of the district of Kinderhook, dated on the 5th January, 1776, was read, and A paper marked E, and referred to in the said detail as the last advertisement for holding an election in the district of Kinderhook, dated at Albany, 18th June, 1776, was also read. Thereupon, ordered that the said Peter Van Schaack do attend the Convention of this State. G. I, Peter Van Schaack, of Kinderhook, in the county of Albany, Esquire, do hereby promise and engage, upon my honor as a gentleman, to return to my usual place of abode, and remain there till the further order of the Convention, or future executive power of the State of New- York ; to attend the said Convention or executive power on notice for that purpose; and in the mean time, that I will neither directly or indirectly do or say any thing to the prejudice of the American cause. In witness whereof I have hereunto subscribed my name, at Kingston, in Ulster county, this 4th day of April, 1777. Peter Van Schaack. Test. : Robt. Benson, Secr'y. H. Saturday, 18th April, 1778.— Minutes relating to the last sickness and death of my ever dear and ever to be regretted wife, intended to preserve 480 APPENDIX. in my mind the remembrance of those solemn scenes, and also designed for the dear pledges of our affection, when they shall arrive at a proper age to profit by so pious an example ; and, deprived so early of her tender maternal care, that they may hear her, though dead, yet speaking ! God grant it may not be in vain. About eight o'clock I acquainted her that it was the opinion of Dr. T- that she would not recover, which she received with great composure, and desired to see her aunt M. Some time after, she complained that I had not told her before of it, which I excused on account of her confused state of mind yesterday, owing to the opium she had taken. She ad mitted the excuse, and then after giving directions about her children, she told us she thanked God that she felt herself perfectly easy, and waited his good time. Once she wished it might be soon, but checked herself as if this might indicate impatience. She very devoutly thanked God for the happy change wrought in her, observing that she had been afraid of death, and that even a few nights since all was darkness, but now she was happy. Observing her friends to shed tears, she begged them not to grieve at her happiness. She was going, she said, from one dear Cornelius to another dear Cornelius. Her dear mamma she hoped to meet in Heaven. She wished much to have seen her papa once more. There was a heavy calamity hanging over this country, and this summer might be a dreadful one, but she would be at peace in her grave ; — that I should write to all her friends and tell them what she would say to them. She had frequently lamented her being removed from New- York, whereby she was deprived of advantages which she highly prized, and where she was in a happy way, but now she said she would not have been happier than she was at this time, had she remained in New- York. She took a solemn and affecting leave of the servants, particularly of her own wench, who had behaved very ill, and of the aged one of her father. God bless you, she said, to the latter, I hope to see you in heaven, and to meet your dear mistress there ; — do not grieve for me, I am happy. Her charge to H. Van Dyck about me, begging him often to visit me, especially on Sunday evenings, and to avoid controverted points, such as predestination. Saturday evening, she asked if we thought she could live till morning — she thought she could not. Sunday morning, she asked if there was any thing wrong in praying for a speedy dissolution ; upon our reasoning with her to convince her there was not, " Oh 1" she said, " Jesus Christ, receive me then this day, and let me this day be with the blessed spirits, in Heaven." She frequently repeated the surprising change in her mind, and said, upon my mentioning that she was given over, although she till then fully expected to recover, she felt a most inexpressible happiness which had continued ever since. She addressed my brother Harry, recommending APPENDIX. 481 to him the pursuit of religion as the only ground of happiness. " I," said she, " am cutoff in the prime of life, but am happy." She asked me when Mr. Jay was expected here. She wished me to convince him, she harbored no resentment for the refusal of her request. I asked her whether she would not also forgive the committee, who had refused her physician leave to visit her — " Yes, she forgave them and every body." About twelve o'clock she addressed the nurse in a very particular manner about the baby — recommending her to her care, charging her with a message to Mrs. Cruger, whom she had appointed the guardian of the child. She was happy, she repeated, and hoped this after noon would be her last. Monday morning, she saw little Betsey, and blessed her with the greatest composure, though with an eye of the greatest tenderness. She felt no pain, she said, at seeing her, as she had given the child over. She recommended to the nurse to he on her guard over her passions, to curb them, and she hoped to meet her in heaven. The leave she took of little Cornelius was also truly affecting, desiring that he might not be brought to her again, as she had given him over. She gave me a very solemn injunction about my irregular tempers — charging me to be watch ful of myself, and pronouncing the word circumspect with great empha sis. She then had locks of her hair cut off for me and others, (who were present,) for her aunt Mary, her sister, and for Mrs. Cruger. She had at times slight alienations of mind, the effect of a too great exertion of spirits ; but in the main she preserved her serenity of mind, and the greatest strength, of understanding, devoutly wishing for her dis solution, and repeatedly asking of us how long we thought she could live, and wishing the doctors to tell her with certainty. She expressed to me the greatest concern for my happiness — "most sincerely and from the bottom of my heart do I pity your situation !" were her words. I was told that she expressed the highest sense of my attention to her, and prayed God to reward me for it, and said I had done every thing for her. About two o'clock in the morning, I thought she was dying, and she was put to bed, and then such a scene followed ! Great God of heaven and earth support me under the remembrance of it !— violent agonies ! in which she preserved her mind entire, though'her body was racked to pieces. — " Come, blessed Jesus ! come, Lord, quickly, come and relieve me from these agonies !" were the piercing expressions she repeatedly used ; her eyes lifted up in the most devout manner. When her agony subsided she prayed most fervently that it might not return. " Oh !" said she, " how hard it is for soul and body to part ; but thou, Jesus, hast promised me I shall not again suffer so much." I read to her some pious ejaculations adapted to her situation, which she attended to and approved of, assenting to them with great fervor. I also read a prayer against the fear of death intermixing my own reflections to comfort her, exhorting her to 61 482 APPENDIX. support her patience — that her sufferings would soon be over, while the blessed prospect of an everlasting happiness was open to her. She told us once that she did not suffer for herself alone, but for us all, meaning for the instruction and benefit of us all. When she once took notice of some things in the room, I entreated her to withdraw her mind from every thing but her own situation, as I imagined she was in a slight absence of mind. " O !" said she, " my agonies make me think of every thing." Her last groans I heard not, and I dread to inquire about them. Throughout the whole dreadful scene, however, she showed no impa tience ; "quickly come, blessed Jesus," was the only expression that look ed like it, and that was extorted by her agonies : and though she prayed against the repetition of them, yet she added, " not as I will, but as thou wilt !" Her pains were evidently the pains of her body ; her mind had no apprehensions, and seemed most anxiously to pant after an emancipation from the world. Her prayers were heard, and about ten o'clock on Mon day night she expired, leaving a complacent smile on her countenance ! Thus died this valuable woman, than whom few of her sex have suf fered more either in body or mind — a delicate constitution originally. In October, 1774, she lost one child on whom she doted. In May, 1775, our eldest son, Cornelius, a promising child, in the bloom of health, was taken ill, and died at Kinderhook in July, within a few days after which, when she every day expected the youngest child from New- York with its nurse, the sloop arrived with an account of his death two days after the interment of the other ! In August, 1776, she was seized with a dreadful vomiting of blood, which produced a weakness in the lungs, that finally terminated in a decline whereof she died. During all her distresses, she preserved the greatest patience and resignation, and though possess ed of the liveliest sensibility, which made her feel most severely those ca lamities wherein her tender affections were so deeply engaged, she receiv ed the stroke without murmuring at the hand which gave it, always de ducing some useful consequences from every distress she underwent. Her judgment was extremely clear, and her understanding naturally strong; by her own improvement of which, (not having had much educa tion.) she arrived at a very considerable degree of accuracy in her wri ting. But the leading star in her character, was her piety, which was equally fervent and rational. Sincerity in her devotions, and humility of heart, with charity to the poor, were graces which she eminently pos sessed. Her idea of the Supreme Being was exalted ; and what I verily believe chiefly employed her mind, was the great work of redemption. Every thing on this subject she read and heard with the utmost pleasure ; the decay of religion she very sincerely lamented, often expressing that the true worshippers were a small flock. Her mind was not easy^on account of ihe neglects of her Christian duties, wherewith she reproached herself, and she regretted the want of those ordinances which had so APPENDIX. 483 much elevated her devotion in New- York, for which and which only she wished to be there again. To supply the want of these, she sought every opportunity of religious conversation, and how sincerely she culti vated these, few as they were, her friends can testify. She forbore all investigations of abstruse points, confining herself merely to the plain, practical doctrines of Christianity, but so far from Pharisaical self-righteousness, she ascribed every good tp the Great Source of all goodness, and the last happy state of her mind, she fre quently declared, was all to be imputed to the glory of God. Her fears of death entirely vanished when she was certain of its approaches, and she felt her mind so devoutly composed, as plainly showed that she had received some divine consolation. Upon no other principle can I account for her entire victory over the terrors of death, and her perfect confidence of future happiness. Anxious to know what passed in her own mind upon sucha momentous subject, and to be enabled to have proper grounds whereon to form my own reflections, and whereby to illustrate a general doctrine by an ex ample under my own eye, I asked her whether she was sensible of any sensations which she had never experienced before, to which she an swered that she was not ; that she had felt like pleasures when in the exercise of her devotions, alluding to those times which she often spoke of with rapture, when she said she was in a blessed state, in a happy way, and frequently has she lamented the loss (or as it now appears, suspension only) of that happy frame of mind. Her domestic character was exemplary ; as a housekeeper, her man agement was judicious and economical, though to this she had never been brought up, having lost her mother early. Her attention to the education of her children, though too infirm to exercise it as she wished, was unremitting. Reverence to God, however, she never ceased to in culcate upon their tender minds. " From hence remov'd to regions here unknown, We but resign what none can call his own, Time, life and friends ; with every talent giv'n, T' improve on earth, the precious boon of Heaven. " Hail, happy souls ! whose race is safely run, Their warfare ended, and their joy begun ! Their sacred dust in sweet repose shall keep, Till Heaven's last trump shall rouse oblivion's sleep, When fresh renewed, their sacred dust shall rise, Resume its form, and hail its native skies !" ' This madd'ning brain, all-gracious Heaven defend, Nor let me dare presumptuously to blame, For O ! to question may be to offend, But sure to murmur must be to blaspheme. 484 APPENDIX. " Yet the great Power whose wisdom could bestow A sense so sharp and exquisite of pain, Will pardon, if extravagance of wo Should make a wretch improperly complain." Support me with thy divine assistance, O thou Righteous Judge of the world ! and having confidence in thy goodness, O God ! enable me to bear this heavy dispensation with a resigned and patient mind. Ena ble me to discover, and to submit to thy gracious purpose on this affect ing occasion ; and to fulfil it as far as in thy mercy it may be intended for my own benefit. Let me aspire to that happy frame of mind wherein she died, and when I stagger from my present purposes, enable me to recall her pious example and dying injunctions, for my temporal and eternal happiness. Gracious Father, strengthen me to overcome those irregular passions and evil tempers, which continually lead me away from the counsels of that reason which thou hast given me, and bountifully given me may I say, when it only means to condemn me the more se<- verely for the abuse of talents, which have had the benefit of a liberal im provement. When I feel myself wavering from my better purposes, give me grace to call to mind those sentiments which I feel on this af fecting occasion. When the pleasures of the world would eradicate them, let me recollect how vain they all appear in a dying hour, and let not truths lose their force because common and frequently inculcated; for these truths we must all one day wish to feel, since without that, our deaths must be the beginning of misery instead of an entrance into a happy immortality. Let not the agonies this excellent woman endured before her disso lution, (however distressing the recollection,) abate of the force of her Christian example ; — they were the pangs of the body, and she would have felt them, and with how much additional force thou only knowest, had she not been the Christian she was ; and let us never forget that she lost not her reliance on thee by them, but only prayed the more fervently for her consummation. For my consolation and example let me also re member, that from the time the fatal tidings that she was past recovery were announced to her, which she received with the'most perfect sereni ty, she never expressed the least desire of life, never was the least de jected in her spirits, or distrustful of her God, or expressed the least re gret of leaving this world, or doubt of attaining happiness in the other, being continually supported by the most divine affiance in her God, through the merits alone of her Redeemer : and let it also be remem bered, that though she had slight alienations of mind, yet when they went off her understanding manifested the greatest clearness, and in a thousand instances which I can recollect, she showed the utmost propriety and decorum in her conduct, especially in choosing occa sions of mentioning particular matters to be done after her decease. APPENDIX. 485 May these short hints, grounded on transactions whereto I was my self a constant witness, (hints, taken while the impressions arising from those solemn scenes were recent and efficacious,) have their due weight on my children, for whose benefit they are thus committed to paper. They will often, I hope, ruminate on the loss they have sustained, in the early death of a mother whose maternal care was unremitting, as her conduct towards them was judicious, and well calculated for their happi ness, temporal as well as eternal, and by leading such a life as her pray ers for them constantly aspired after, pay the best tribute to her memory. " Why heavy, why cast down, my soul ! Trust God, and he'll employ His promised aid, and change these sighs, To thankful hymns of joy." That will then be, when her pious prayers for my eternal welfare, are productive of that reliance on God's providence, which will enable me to see his goodness to be no greater when he gives, than when he takes away ! Blessed be his name ! " Tears, when time has matured a pungent grief into a sweet melan choly, are not hurtful: they are as the dew of the morning to the green herbage." — London. An act more effectually to prevent the mischiefs, arising from the in fluence and example of persons of equivocal and suspected characters, in this State. Passed the 30th June, 1778. Whereas, certain of the inhabitants of this State have, during the course of the present cruel war, waged by the King and Parliament of Great Britain against the people of these States, affected to maintain a neutrali ty, which there is reason to suspect was in many instances dictated by a poverty of spirit, and an undue attachment to property : And whereas, divers of the said persons, some of whom advocated the American cause till it became serious, have, notwithstanding the forbearance of their countrymen, and contrary to the faith pledged by their paroles, ungrate fully and insidiously from time to time, by artful misrepresentations, and a subtle dissemination of doctrines, fears and apprehensions false in them selves and injurious to the American cause, seduced weak-minded persons from the duties they owed their country: And whereas the welfare of this state loudly demands that some decisive measures be taken with respect to the said persons, and it being repugnant to justice as well as good policy, that men should be permitted to shelter themselves 486 * APPENDIX. under a government, which they not only refused to assist in rearing, but which, some of them daily endeavor to undermine and subvert ; And ¦whereas, such few of the said persons, as may have been led to take a neutral part by conscientious doubts and scruples have had more than sufficient time to consider and determine the same: I. Be it enacted by the people of the State of New- York represented in Senate and Assembly, and it is hereby enacted by the authority of the same, That the Commissioners appointed for inquiring into, detecting and defeating all conspiracies, which may be formed in this State, against the liberties of America, or any three of them, be, and they are hereby authorized and strictly charged and required, to cause all such persons of neutral and equivocal characters in this State, whom they shall think have influence sufficient to do mischief in it, to come before them, and to administer to the said persons respectively, the following oath, or if of the people called Quakers, affirmation, viz. : '¦' I, A B, do solemnly, and without any mental reservation or equiv ocation whatever, swear and call God to witness ; or if of the people called Quakers, affirm, that I do believe and acknowledge the State of New-York to be of right, a free and independent State. And that no authority or power can of right be exercised in or over the said State, but what is, or shall be granted by, or derived from the people thereof. And further, That as a good subject of the free and independent State of New- York, I will, to the best of my knowledge and ability, faithfully do my duty ; and as I shall keep or disregard this oath, so help and deal with me Almighty God." II. And be it further enacted by the authority aforesaid, That if on the oath or affirmation being so tendered, the said person or persons shall refuse to take the same, the said Commissioners do forthwith remove the said person or persons so refusing, to any place within the enemy's lines, and by writing under their hands and seals, certify the names of such person or persons to the Secretary of this State, who is hereby required to record and file the said certificates. III. And be it further enacted by the authority aforesaid, That if any of the said neutrals, shall abscond or absent himself with an apparent view to avoid the force of this act, the said Commissioners shall, by notice published in one or more of the newspapers of this State, demand of the said person or persons so absconding or absenting to appear before them, at such place in this State, and at such time, not exceeding twenty-one days from the time of such publication, as they shall assign. And further, that default in such appearance shall be adjudged to amount to, and is hereby declared to be a refusal to take said oath or affirmation. IV. And be it further enacted by the authority aforesaid, That if any of the persons removed to places within the enemy's lines by the said Commissioners, in pursuance of this act, or who, having as aforesaid absconded or absented, shall not on notice as aforesaid appear before the APPENDIX. 487 said Commissioners and take the oath or affirmation aforesaid, shall thereafter be found in any part of this State; such person or persons so found, shall on conviction thereof be adjudged guilty of misprision of treason. And to the end, That this State may in some measure be compensated .for the injuries it has sustained, by the evil example or practices of the said neutrals, and that others may be deterred on similar occasions from acting a part so unmanly and ignominious, V. Be it jurther enacted by the authority aforesaid, That all lands held in this State on the twenty-sixth day of June instant, in fee simple or fee tail, or which may hereafter be acquired by, or devised, granted, or descend to any of the persons who shall refuse to take the aforesaid oath or affirmation when called upon by the said Commissioners, shall forever thereafter, be charged with double taxes, in whosesoever hands the said lands may hereafter be. VI. And be it further enacted by the authority aforesaid, That the said Commissioners, previous to the removal of the said several persons within the enemy's lines, shall from time to time notify the person ad ministering the government for the time being, of the several persons so to be removed, who is hereby authorized to detain and confine such of the said persons as he shall think proper, for the purpose of ex changing them for any of the subjects of this State, in the power of the enemy. VII. And be it further enacted by the authority aforesaid, That the person administering the government of this State for the time being, be, and he is hereby required to do his best endeavors, that this act be fully and speedily carried into execution, and all magistrates, sheriffs and constables are required to be aiding therein. Debate in the House of Lords, on the Duke of Richmond's motion relative to the execution of Col. Hayne, at Charleston. Duke of Richmond. Without a trial, without an opportunity of mak ing defence, he was first informed that a Council of General Officers would assemble the next day to try him. Same evening he was informed, in stead of a council of general officers, a Court of Inquiry composed of four general officers and five captains, would meet for the purpose of determining under what point of view he should be considered. These were sent 26th July, and 29th he was informed that in consequence of the court of inquiry, Lord Rawdon and the commander L. C. Balfour had ordered his execution the 31st. On writing to them he is informed, that he is not to suffer in consequence of the court of inquiry, but that Lord R. and Col. B. had adjudged him to death by powers invested in 488 APPENDIX. them as Commander of Charleston, and of the army in South Carolina. He was respited for forty-eight hours, with a condition, that if Gen. Green made any application in his favor the respite should cease. Lord Walsingham. No truth in Gen.. Green's proclamation. Col. Hayne had forfeited his oath of allegiance, and would not be considered as a -prisoner of war to be exchanged under a cartel — there was no cartel subsisting. He had committed an offence which subjected him to im mediate execution. Duke of Manchester. Not warranted by common law, military cus tom, nor any precedent. Lord Stormont. A clear position, that in time of war, and when mar tial law prevailed, no person offending against military discipline in any way whatever, much less any person taken in arms after having been admitted to his parole, could be tried according to positive municipal law, but must be disposed of according as the law of nations, instituted for the mutual benefit of all who were at war, should direct. In the case of Col. H., that was the only law that could decide ; one established principle of which is, that whenever an enemy who had been admitted to his parole, was taken in arms fighting against those who had granted it to him, he was liable to be hanged up instanter, without any trial what ever. What trial could there be ? A court martial could not be legally held — the court mentioned in Mr. Fraser's note was a court of inquiry for the purpose of ascertaining that Col. H. had been admitted to his parole, that he had taken the oath of allegiance, and that he was found in arms. Lord Shelbowrne. He never heard the doctrine of hanging up an ene my who had broken his parole, instanter. Lord Chancellor. Upon the taking of Charleston, he asked for his parole to go to his estate ; that it was refused him, and he took the oath of allegiance. He called upon Lord S. to tell him in what book it was stated, that according to the law of nature and nations, (by which and which alone he said Col. H.'s case could be judged of,) a person taken in arms after having broken his parole, could not be hanged instanter. Mr. Pocock had written about what he did not understand, and as if he hadnever read the articles of war — quoted Grotius about hanging up spies,, and the reason given was, propter evitandum cadis occasionem. The power of -executing spies instanter, was not de jure naturce — they were not executed dolo malo, but dejure gentium. Col. H. was war- rantably executed. K. Mr. Charles Townshend — Lord Chatham. Mr. T. It is a peculiarity in your Lordship's history, that your death should have been hastened by a vehement exertion of your talents against APPENDIX. 489 that very independency of the Colonies, of which you laid the foundation in' the principles you avowed, upon the repeal of the Stamp Act. The structure you raised in the full lustre of your abilities, was not to be de molished at a tune when they were in their decline. Your passion for popularity induced you to foment a spirit, of which, in your cooler mo ments, you could not, or would not foresee the fatal tendency. Friend as you unquestionably was to the welfare of your country, and keen in the discernment of her real interest, how can you endure the reflections of all those mischiefs which have flowed, as from a copious source, from your declaration that you gloried in the resistance of America 1 My conduct was infinitely more consistent ; from the abstract princi ples of all government, from the nature of the connection between the Parent State and her Colonies, and from the very principles (perverted as they have been) of Mr. Locke, I clearly saw the absolute and unlimited supremacy of this country over its distant territories. This maxim, (which, according to the principles of an administration subsequent to that in which I acted a part, was a mere dead letter,) I thought it my ^duty to carry into practice. The Stamp Act was its genuine offspring — it was supported by a just regard to the rights of this country, over Colo nies for whose defence, preservation and even existence, her blood and treasures had been expended so copiously ; and it exacted from those Co lonies only what the purest motives of gratitude ought to have prompted them spontaneously to have offered, and therefore cheerfully to have complied with. Lord C. I will not deny that I have ever been actuated by a zeal for popular applause ; but in pursuing, I have always studied to deserve it. In a government like ours, the people form a conspicuous part, but I never wished to exalt their importance by degrading the majesty of the throne. I would have had their consequence rather known to Ministers than to themselves, and I have regretted the necessity I was under, of publishing in the senate what should have been felt in the closet. The distinction between right and expedience, I considered, when •applied to the present question, as idle and groundless. In particular instances it may be inexpedient to carry even right into practice, but here the objection was levelled at the power itself in the abstract, and the arguments*which proved its inexpedience proved also that it had no existence. Abstract principles, or such as had been formed from governments not situated as ours was, affected not this question. The case was of such magnitude as to call for a system adapted and appropriated to itself. The Colonies were growing into importance, their trade to this commercial nation was the first object to be secured. Every other should have been subordi nate to this, and speculative reasonings should have been rejected in the competition with national advantage. The foundation of American de pendence was to be laid, and could only be laid, in her affections and in her interest. The system I proposed, would have equally secured the ad- 62 ... 490 APPENDIX. vantages of which the connection was capable, and have averted the mis chiefs to be dreaded from its dissolution. Mr. T. But was not your distinction between taxation and legisla tion at large merely chimerical, and was not the separating that which was one indivisible aggregate, the cause of the Colonies denying one power after another, until they reduced almost the whole legislative code to a mere rope of sand 1 Lord C. My systems were practical, not theoretical. I deduced them from the nature of the subject as it actually existed, and considered men as they were, not what visionaries in their closets might think they ought to be. Laws were formed for men, not men for laws. I consider ed that the dependence of the colonies might be essentially preserved without the taxing power, and I saw that her wealth was pouring into our country through the channels of commerce, with a profusion unparal leled in history. It was a pitiful idea to attempt the drawing a revenue from them because they were growing opulent, when the effects of that opulence were coming to us and enhanced beyond all comparison in a different way. I viewed the end of our Colonial connection, and I adapt ed the means to effectuate it* Sixth Article of the definitive Treaty of Peace between the United States and Great Britain, signed 3d September, 1783, and ratified by Congress 14th January, 1784. Article 6th. That there shall be no future confiscations made, nor any prosecutions commenced against any person or persons for or by rea son of the part which he or they may have taken in the present war ; and that no person shall on that account suffer any future loss or damage, either in his person, liberty, or property, and that those who may be in confinement on such charges, at the time of the ratification of the treaty in America, shall be immediately set at liberty, and the prosecutions so commenced be discontinued. * The above is evidently only a part of the original composition, judging from the manuscript. END. VALUABLE & IMPORTANT BOOKS PUBLISHED I1Y D. APPLETON & CO., FOR SALE AT THEIR LITERARY EMPORIUM, 200 Broadway, New- York. PICTORIAL LIFE OF NAPOLEON. Hiitory of Napoleon Bonaparte, translated from the French of M. Lanrent de L'Ardeehe, with five hundred spirited illustrations, afterdesigns by Horace Vcrnet, and twenty original portraits engraved in the best style. 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A Treatise on the Church of Christ. Designed chiefly for the use of Students in Theology By the Rev. William Palmer, M. A., of Worcester College, Oxford. Edited, with Notes, by the Right Rev. W. R. Whittinghara, D.D., Bishop of the Protestant Episcopal Church in the Diocese of Maryland. S vols. 8vo., handsomely printed on fine paper. "The treatise of Mr. Palmer is the best exposition and vindication of Church Principles, that we have ever read ; excelling contemporaneous treatises in depth of learning and solidity of "judgment as much as it excels older treatises on the like subjects in adaptation to the wants and habits of the age. Of its influence in England, where it has passed through two editions, we have not the means to form an opinion ; but we believe that in this country it has already, even before its reprint, done more to restore the sound tone of Catholic principle and feeling than any other one work of the age. The author's learning and powers of combination and arrangement, great as they obviously are, are less remarkable rhan the sterling good sense, the vigorous and solid judgment, which is everywhere manifest in the treatise, and confers on it its distinctive excellence. The style of the author is distinguished for dig juty and masculine energy, while his tone is everywhere natural ; on proper occasions, reverential ¦ «d always, so far as we remember, sufficiently conciliatory. *'* To our clergy and intelligent laity who desire to see the Church justly discriminated from Roman- urts on the one hand, and dissenting denominations on the other, we earnestly commend Palmer's Treatise ok the Church."— JV. Y. Churchman. HARE'S PAROCHIAL SERMONS. Sermons to a Country Congregation. By Augustus William Hare, A.M. late Fellow of New College, and Rector of Alton Barnes. 1 vol. royal 8vo. M Aaj one who can be pleased with delicacy of thought expressed in the most simple language— say one, who oan feel the charm of finding practical duties elucidated and enforced by apt and varied dluttrations— wiU be delighted with this volume, which presents us with the workings of a pious and Uiflhly-iifted mind."— Quarterly Review. VALUABLE PUBLICATIONS. 3 MAGEE ON ATONEMENT AND SACRIFIOE- Discourses and Dissertations on the Scriptural Doctrines of Atonement and Sacrifice, and on the Prin* cipal Arguments advanced, and the Mode of Reasoning, employed by the Opponents of those doc trines, as held by the Established Church. By the late Most Rev. William Magee, D.D., Archbiehot of Dublin. 2 vols, royal 8vo., beautifully printed. 11 This is one of the ablest critical and polemical works of modern times. Archbishop Magee is truly a malleus hereticolum. He is an excellent scholar, an acute reasoner, and is possessed of a moet extensive acquaintance with the wide field of argument to which his volumes are devoted— the pro found Biblical information on a variety of topics which the Archbishop brings forward) must endear his name to all lovers of Christianity." — Orme. DEVOTIONAL LIBRARY. The greatest care is- taken in selecting the works of which this collection is com posed. Each volume is printed on the finest paper, elegantly ornamented, and bound in a superior manner, and uniform in size. Bishop Doane says of this collection, *' I write to express my thanks to you for reprints of the Oxford Books ; first, for such books, and secondly, in such a. style. I sincerely hope you may be encouraged to go on, and give them all to us. You will dignify the art of printing, and you will do great service to the best interest of the country. In a letter received from Bishop Whittingham, he says, " I had forgotten to state my eery great satisfaction at your commencement of a series of Devo tional Works, lately republished in Oxford." The publishers beg to state while in so short a time this library has increased to so many volumes, they are encou. raged to make yet larger additions, and earnestly hope it may receive all the encouragement it deserves-. The following volumes have already appeared : THE EARLY ENGLISH CHURCH. Or Christian History of England in early British, Saxon, and Norman Times.' By the Eev. Edward Churton, M.A. With a Preface by the Right Rev. Bishop Ives. 1 vol. 16mo. elegantly ornamented LEARN TO DIE. Disce Mori, Learn to Die : a Religious Discourse, moving every Christian man to enter into a serious Remembrance of his End. By Christopher , Sutton, I).D., late Prebend of Westminster. 1 vol. lGino., elegantly ornamented. SACRA PRIVATA: The Private Meditations, Devotions, and Prayers of the Right" Rev. T. Wilson, D.D., Lord Bishcp ol Soder and Man. First complete edition. 1 vol. royal lurho., elegantly ornamented. MEDITATIONS ON THE SACRAMENT. Godly Meditations upon the most Holy Sacrament of the Lord's Supper. By Christopher Sutton, D.D., late Prebend of Westminster. 1 vol. royal 16mo., elegantly ornamented. HEART'S EASE; Or a Remedy against all Troubles, WITH A CONSOLATORY DISCOURSE, Particularly addressed to those who have lost their friends and dear relations. By Symon Patrick, D.D., sometime Lord Bishop of Ely. 1 vol. royal 16mo., elegantly ornamented. A DISCOURSE CONCERNING PRAYER And the frequenting Daily Public Prayers. By Symon Patrick, D.D., sometime Lord Bishop of Ely Edited by Francis E. Paget, M.A., Chaplain to the Lord Bishop of Oxford. 1 vol. royal 16mo., ele gantly ornamented. THOUGHTS IN PAST YEARS. A beautiful collection of Poetry, chiefly Devotional. By the Author of "The Cathedral." 1 vol royal 16mo., elegantly printed. *„* These volumes will be followed ly others of equal importance. 4 IX APPLETON & CO'S SCHLEGEL'S PHrLOSOPHY OF HISTORY. The Philosophy- of History, in a course of Lectures delivered at Vienna, by Fit e de n I ck von 3ch le- exL, translated from the German, with a Memoir of Che Author, by J. B. Robertson. Handsomely printed on fine paper. 2 vqlsirl2mo. "A masterly production— written in that flowing, elegant style, bo characteristic of the German school. In f;ict, diligent investigation, accurate discernment, sound judgment and elegant taste, will he found employed in every page. Our readers may rely upon our word that a perusal of these page* will yield them an ample harvest of pleasure and advantage."— Quarterly Review. THE LIFE OF ALEXANDER HAMILTON. Edited by his son, John O. Hamilton. 2 vols, royal 8vo. " We cordially recommend the perusal and diligent study of these volumes, exhibiting, as they do, »ooh valuable matter relative Bo the Revolution,, the establishment! of the Federal Constitution, and e&er important events in the annals of our country."— New- York Review. THE METROPOLITAN PULPIT; Or Sketches, of the most Popular Preachers in London. By/the author of Random Recollections, The Great Metropolis, &c. &c. 1 vol. 12mo. CARLYLE ON HISTORY AND HEROES. •a Heroes, Hero-Worship^and the Heroic in History. Six Lectures, reported with Emendations and Additions, by Thomas Carlyle, Author of the French Revolution, Sartor Resartus, &c. Elegantly printed in 1 vol. 12mo. " A masterly production. — Even the single lecture to which we shall confine our office, isr we feelr a greater theme than can be sufficiently illustrated at our hands. We have elsewhere noticed a new edition of Sartor Resartus, by the same author. It is a very remarkable work, though we must con fess somewhat ton German and transcendental for our taste. We rejoice to say that we find no such difficulties besetting^ us in these disquisitions on heroes. They are in truth philosophical enough, abrupt enough, tearing enough ; but their philosophy is clear, distinct, and intelligible ; their abrupt ness is the vigor of Demosthenes ; their tearing the acts .of a giant who has a wilderness to burst through .and open to the rest of mankind."— Literary Gazette. GUIZOT'S HISTORY OF CIVI LfZATION*. 1& sneral History of Civilization in Europe,, from the Fall of the Roman Empire to the French Rtvo- hitioii. Translated from the French of M. Guizot, Professor of History to la Faculty des Lettree •f Paris, and Minister of Public Instruction. 2d American, from the last London edition. 1 vol. ISmo. "" We hail with pleasure the republication of this- able work. It is terse and full, and adverts to the most interesting topic in the social relations of mankind, the progressive improvement of the Eu ropean nations from the overthrow of the Roman Empire by the Goths, and Huns, and Vandals, in th£ Fsfth Century."— N. Y. American. SOUTHEY'S POETICAL WORKS. Tne Complete 'Poetical Works of Robert Southey, Esq. LL.D. The ten volume London edition la one elegant royal Svo, volume, with a fine portrait and vignette. *>* This edition, which the author has arranged and revised with the same care as if it were in tended for posthumous publication, includes many pieces which either have never before been collect e4, or have hitherto remained unpublished. Preliminary notices are affixed to the long poems, — the whole of the notes retained, — and such additional ones incorporated as the author, since the first publication, has seen occasion to insert Contents ; Joan of Aitc. The Curse of Kehama. Juvenile and Minor Poems. Roderick the last of the Goths Thalaba the Destroyer. The Poet's Pilgrimage to Waterloo. Madoc. . Lay of the Laureate. Ballads and Metrical Tales. Vision of Judgment, &c. "At the age of sixty-three Iiiave undertaken to collect and edit my poetical works, with the last wrrerstions that I can expect to bestow upon them. They have obtained n reputation equal to my wishes Thus to collect and revise them is a duty which I owe to that part of the public by whom rtey have been auspiciously received, and to- those who will take a lively concern in my good nama •when I shall have departed." — Extract /rem Airf/ior1*. Preface. " The critic has little to do hut to point out the existence of the work, the beauty of the type and embellishments, and the cheapness of the cost ; the public has long ago acknowledged its ment and established its reputation •..•••The author of the 'Life of Nelson1 must live as long as our history and language endure. There is no man to whom the latter owes a greater obligation — no man who- baa do&e more for literature by his genius, his labours, and, his life." — Times. " We are very glad to see the works of a poet, for whom we have always felt the warmest admira tion, collected, and in a shade which will ensure their popularity."— Literary Gazette. "Southey's principal poetical works have been long before the world, extensively read- and highly VALUABLE PUBLICATIONS. 5 appreciated. Their appearance in a neat and uniform edition, with the final corrections of the author will afford unfeigned pleasure to those who are ' married to immortal verse.'"— Atken&um. »' The beauties of Mr. Southey's poetry are such that this edition can hardly fail to find a place in the library of every man fond of elegant literature." — Eclectic Review. SCRIPTURE AND GEOLOGY. On the Relation between the Holy Scriptures and some parts of Geological Science. By John Pye Smith, D.D., author of the Scripture Testimony of the Messiah, &c. &c. 1 vol. 12mo. " The volume consists of eight lectures, to which are appended seventy pages of supplementary notes. The first lecture is introductory ; the second is scientifically descriptive of the principal topiea of geological science ; the third includes a research into the creation of our globe ; the fourth and fifth Lectures comprise an examination of the deluge ; the sixth discusses the apparent dissonance between. the decisions of geologists, and the hitherto received interpretation of Scripture, with an additional exposition of the diluvial theory ; the seventh is devoted to illustration of the method to interpret the Scriptures, so that they may harmonize with the discoveries of geology ; the eighth js the peroration of the whole disquisition." TOUR THROUGH TURKEY AND PERSIA. Narrative of a Tour through Armenia, Kurdistan, Persia, and Mesopotamia, with an Introduction end Occasional Observations upon the Condition of Mohammedanism and Christianity in those countries By the Rev. Horatio Southoate, Missionary of the American Episcopal Church. 2 vols. ISmo* plates. "An exceedingly interesting book of travels, which no reader will be very likely to lay by for good till he has seen the end of it. It contains a vast amount of information, religious and general, and is written in a style of perfect ease and simplicity. It deserves, and we doubt not wiU gain, an extensive circulation." — Albany Advertiser. SCOTLAND AND THE SCOTCH, Or the Western Circuit. By Catherine Sinclair, author of Modern Accomplishments, Modern Society, &c. Sec. 1 vol.- 12mo SHETLAND AND THE SHETLANDERS. Or the Northern Circuit. By Catherine Sinclair, author of Scotland and the Scotch, Holiday House, &c. &c. 1 vol. 12mo "Miss Sinclair has already proved herself to be a lady of high talent and rich cultivated mind. She thinks with precision and vigor, and she possesses the quality of seizing the objects of her thoughts m the right place and at the proper time, and of presenting them to the mind's eye of her reader* in the most clear and captivating light. Her style is characteristic of her mind, transparent, piquant, and lively, yet sustained by pure, moral and religious feeling." — New-York American. LIMITATIONS OF HUMAN RESPONSIBILITY. By Francis Wayland, D D. 2d edition. 1 vol. 18mo. THE FLAG SHIP; Or a Voyage round the Wo*ld, Cn the United States Frigate Columbia, attended by her consort', the Sloop of War John Adams, and bearing the broad pennant of Commodore George C. Head. By Fitch W. Taylob, Chaplain to the Squadron. 2 vols. I2roo , plates. *' This work has been some time befoTe the public ; but if in consequence of our late notice, it shall afford to any reader the very great pleasure and profit which its perusal has given us, we are sure he will think it better late than never. The records of a voyage around the world, made by a man, who, in mingling with the various and wonderful scenes it must present, has had his eyes open, could not fail to be interesting. Facts and real occurrences, are things of which we never grow weary. But this work has a far higher claim to regard. Its literary character is certainly very respectable, and the benevolent snirit and Christian interest with which the varied incidents of a visit to almost every na tion on the globe were regarded, give the book an unwonted value. The abilility to survey *» ™I? asDects of the world, is a qualification of which the far greater part of travellers are utterly deficient. Probably stoe the valuable journal of Tyerman, and Bennett, there has been no other J one published which exhibits so satisfactory a view of the Christian missions of the world as this. We think it adapted to interesTns readers not only, but greatly to instruct them, and especially to awaken a deep and lively sympathy for the moral wants and miseries of the world. '—Evangelist. WORKS BY ISAAC TAYLOR. HOME EDUCATION. Bv Isaac Taylor, author of " Natural History of Enthusiasm,'- &c. &c. Second edition. 1 1 vol. 12mo. In this volume the general principle, of Education, as applicable to private families and to small «^l£are sS.£d explained ; such methods of treatment, especially, being suggested, as ar boat 6 ». APPLETON & CO.'S suited to the circumstances of a country residence ; at the same time, hints are offered of s kind to be available under any circumstances for carrying on the culture of those of the intellectual faculties that are' the earliest developed, and on the due expansion of which the force and efficiency of the mature mind depend. •'A very enlightened, just, and Christian view of a most important subject." — American Bib. Rep. SPIRITUAL CHRISTIANITY. Lectures on Spiritual Christianity. By Isaac Taylor, author of " Spiritual Despotism," dee. dec. 1 vol. 12mo. <( This work is the production of one of the most gifted and accomplished minds of the present age* If some of hie former productions may have been thuught characterized by too much of metaphysical abstraction, and in some instances, by speculations of doubtful importance, the present volume is, we think, in no degree liable \o this objection. It is indeed distinguished for deep thought and accurate discrimination ; and whoever wpuld read it to advantage, must task his faculties in a much higher de gree than in reading ordinary books ; and yet it contains nothing which an ordinary degree of intelli gence and application may not readily comprehend. The view which it gives of Christianity, both as a system of truth and a system of duty, is in the highest degree instructive ; and its tendencies are hot less 'to quicken the intelleotual faculties, than to direct and elevate the moral sensibilities. We have- no doubt that it will be read with great interest by those who read to find materials for thought, and that it is destined to exert a most important influence, especially on the more intellectual class©*, in the advancement of the interests of truth and piety." — Albany Evening Journal. PHYSICAL THEORY OF ANOTHER LIFE. By Isaac Taylor, author of "Natural History of Enthusiasm." Third edition. 1 vol. 12mo. MINIATURE CLASSICAL LIBRARY. Great pains have "been bestowed in the selection of this unique Library ; it will comprise tbe best works of our venerated authors,, published in an elegant form, with a beautiful frontispiece,, tastefully ornamented. The following are now ready; GOLDSMITH.— Essays, By Oliver Goldsmith. GOLDSMITH.— The Vicar of Wakefield. By Oliver Goldsmith, JOHNSON.— The History of Basselas, Prince of Abyssinia, a Tale. By Samuel Johnson, LL.D. OOTTTN.— Elizabeth ; or, the Exiles of Siberia, By Madame Cottin. The extensive popularity of this little tale is well known. TOKEN of Affection. Do. of Friendship. Do. of Remembrance. Each volume consists of appropriate poetical extracts from the best wi iters of the day. PURE. GOLD from the Rivers of Wisdom.— A collection of short extracts on Religions subjects from the older writers, Bishop Hall, Sherlock, Barrow, Paley, Jeremy Taylor, &c. ST. PIERRE.— Paul and Virginia. From the French of J. B. H. De StFierxe.. %* These volumes will be followed by others of attested merit. EVENINGS WITH THE CHRONICLERS? . , Or, Uncle Rupert's Tales of Chivalry. By R. M. Evans. With many illustrations. \ vol. 16mo., elegantly bound. " This would hawe been :i volume after our own henrts, while we were younger, and it is scarcely leu so now when we are soinewhatolder. It discourses of those things which charmed all of ns in early youth. The daring deeds of the Knights and Squires of feudal warfare. The true version of the *' Chevy Chase," the exploits of the stout and stalwart Warriors of England, Scotland and Ger many. In a word, it is an ftttractive book, arid rendered- more so to young readers by a series of wood engravings, beautifully executed, illustrating the letter-press .descriptions. There are seventeen of these plates in the volume, and the whole book-is so excellently printed, and upon such good paper, that it is in all respect* valuable." — Courier § Enquirer* VALUABLE PUBLICATIONS. 7 APPLETON'S TALES FOR THE PEOPLE AND THEIR CHILDREN. The greatest care is taken in selecting; the works of which the collection is com- posed, so that nothing either mediocre in talent, or immoral in tendency, is ad- mitted. Each volume is printed on the finest paper, is illustrated with an ele gant frontispiece, and is bound in a superior manner, tastefully ornamented. The following have already appeared, uniform in Bize and style : THE POPLAR GROVE j Or, Little Harry and his Uncle Benjamin. By Mrs. Oopley, a-ithor of " Early Friendship," ' &c. Sec. 1 vol. 18mo., beautiful frontispiece. *' An excellent little story this, showing how sound sense, honest principles, and intelligent indus try, not only advance their possessor, but, as in the case of Uncle Benjamin the gardener, enable him to become the benefactor, guide, and friend of relations cast down from a loftier sphere in life, and, but for him, without resource. " It is a tale ibr youth, of all classes, that cannot be read without profit." — N.Y. American, EARLS' FRIENDSHIP. By Mrs. Oopley. 1 vol. 18mo., plates; " A charming little book this for young girls— good counsel conveyed in the language of affection, and with all the attraction of an interesting story. It is a series of admonitions about the girlish friend ships formed at school— sometimes so injadicious, often so influential in the formation of character.'* — jV.y. American. THE TWO DEFAULTERS j Or, a Picture of the Times. By Mrs. Griffith (of New- York.) " A most interesting little volume, not excelled by any one of the series." MASTERMAN READY; Or the Wreck of the Pacific. Written for Young Persons, 'by Oapt. Marryat. I to). 18mo frontispiece. "'We have never seen any thing from the same pen we like as well as this. The Captain had pro mised his children to write a story for them, and nndertook in consequence to continue the bwiss Ko- binsou Crusoe ; but on application to the work, soon discovered it wonld.beeasier and more useful to those for whom he was writing, to strike out into an entirely new story. He has done so most suc cessfully. It is still the tale of shipwreck and desolate island, and Masterman Ready is the personifi cation of all the practical talents and available shifts which much knocking about ; in the world teaches to some-not all-men. There is, moreover, much and accurate knowledge displayed throughout, communicated in a way to be both intelligible and attractive to youthful »A,» ™ „T«°boot "!! conclude our notice of it, than by repeating the exclamation of a clever boy, as he finished the book,— ' Well, I am so glad it is to be continued.' "-N.Y. American. THE PEASANT AND THE PRINCE. By Harriet Martineau. 1 vol. 18mo. " The versatile talent of Miss Martineau has been employed of late in preparing for the P»°Pj« «»| their children a most inviting little history of Louis Sixteenth and his. family. Here, in a style even s££ksvs&5££ h=^^ce«ea"^s^ BSKtt authono secure Kdj life the ascendancy of the reflective and reasoning powers over themagma- Hon, will, we doubt not, be successful."— JV. Y. Conner. THE SETTLERS AT HOME. By Harriet Martineau. 1 vol. 18mo. » The circumstances under which this little volume, for the amusement of *'"«»>. ha*b""!J fJ2l duced gi™™™*S charm to its truth, simplicity and feeling. The tale tta^hm™ passage so"^ful enough to moisten many a pair of eyes is fu 1 of n™****™ ^ £ °nt *es£n A?f &Wh^ad"d^at^^ WHO SHALL BE GREATEST? A Tale. By Mary Howitt. 1vol. 18mo., plates. « Th* great moral lesson inculcated bv this book is indicated bv its title ; and *hile it iapronune* 8 p. APPLETON & CO.'S, enough through the whole volume, it comes out at the close with most impressive effect. We need not say it is a lesson which every human being is the wiser and the better for learning. We cordially recommend the work to all who would desire to form a sober and rational estimate of the world's en joyments." — Albany Evening Journal. SOWING- AND REAPING; s Or, What will come of it ? By Mary Howitt. 1 vol. 18mo., plates. "We commenced it with the intention of just looking it over for the purpose of -writing a cursory notice ; but we began to read, and so we went on to the finis. It is very interesting ; the characters are full of individuality." — New Bedford Mercury. * STRIVE AND THRIVE : A Tale. By Mary Howitt. 1 vol. 18mo., plates. " The mere announcement of the name of the authoress, will doubtless bring any of her productions to the immediate notice of the public ; but Strive and Thrive is not a book for children only, but can be -«ad with pleasure and advantage by those of a more mature age. It fully sustains the reputation of its predecessors. The style is easy and flowing, the language chaste and beautiful, and the incidents of the tale calculated to keep up the interest to the end ." — N. Y. Courier >int as a guide in the paths of virtue, as a guard from the contagious influence of vice. Every young man' who desires to form a virtuous and useful character, should possess himself of this admirable work; arid every Christian parent, whose sons are leaving the paternal mansion for another home, should take care that they carry away with them this rich treasury of Christian counsel and instruc tion." — Albany Advertiser THE CHRISTIAN PROFESSOR Addressed in a series of Counsels and Cautions to the Members of Christian Churches, By Rev, John Angell James. , 1 vol. 18mo. " The author remarks, in this excellent volume : ( When I look into the New Testament, and read what a Christian should be, and then look into the church of God, and see what Christians aref I am painfully affected by observing the dissimilarity ; and in my jealousy for the honour of the Christian profession, have made this effort, perhaps a feeble one, and certainly an anxious one, to remove its blemishes, to restore its impaired beauty, and thus raise its reputation.' " ' It is hot my intention to enter into the' consideration of private, experimental, or doctrinal reli gion, so much as into its practical parts ; and to contemplate the believer rather as a professor, than a Christian, or at least, rather as a Christian in relation to the world, than in his individual, capacity, or in his retirement.' " The following are the divisions under which.he treats his subject, viz. : What the Christian pro fession imports : its Obligation and Design : the Dangers of Self-Deception ; the Young Professor ;' an attempt to compare the present generation of 'Professors' with others that have preceded them ; the necessity and importance of Professors not being satisfied with low degrees of Piety, &nd of their seek ing to attain to eminence ; the duty of Professors to avoid the appearance of evil ; on Conformities to the World; on the Conduct of Professors in reference to Politics ; on Brotherly Love; the Influence of Professors ; their Conduct towards Unconverted Relatives ; the Unmarried Professor ; the Profes sor in Prosperity ; in Adversity ; the Conduct of Professors away from Home ; the Backsliding Pro fessor ; on the necessity of the Holy Spirit's Influence to sustain the Christian Profession ; the Dying Professor." — New-York Observer. THE ANXIOUS ENQUIRER AFTER SALVATION Directed and Encouraged. By Rev. John Angell James. 1 vol. 18mo. Twenty thousand copies of this excellent little volume have already been sold, which fully attests the high estimation the work has attained with the religious community. HAPPINESS, ITS NATURE AND SOURCES, By Rev. John Angell James. 1 vol. 32mo. 11 ThiB is written in the excellent author's best vein. He has, with a searching fidelity, exposed the various unsatisfying expedients by which the natural heart seeks to attain the great end and aim of all— happiness, arid with powerful and touching exhortations directed it to the never-failing source of all good. The author does not engage himself in speculations or theories. The results of extended observation, the testimony of well-attested experience, are arrayed, in the light of which the true way and the false are clearly seen. It is eloquently and pointedly written. A better book we have not in a long time seen^^-rEvangelist. THE WIDOW DIRECTED To the Widow's Gt-od. By the Rev. John Angell James. 1 vol. 18mo. " If any thing more were necessary to give this book currency with the Christian community than the name of its author, we should have it in the peculiarly tender and interesting nature of the subject on whicn he writes. He has.written many good books, and all belong to the same general class ; and though some of them are more generally applicable than this, yet in no one, perhaps, has he discover ed a more skilful hand, °* a more tender and devout spirit. ' The book is worthy to be read by others besides the class for which it is especially designed ; and we doubt not that it is destined to come as a friendly visiter to many a house of mourning, and as a healing balm to many a wounded heart." — N. Y. Observer, ¦ '*? VALUABLE PUBLICATIONS. H WORKS BY THE REV. DR. SPRAGUE. TRUE AND FALSE RELIGION. LECTURES ON REVIVALS IN RELIGION. By W. B. Sprague, D.D. With an Introductory Essay by Leonard Woods, D.D. 1 vol. 13m. LETTERS TO A DAUGHTER, ^voLlitao? SUb3eCtS" BF W- B' SpragUe' D,tt Fourth edinon> r6lriae'1 «** <"to*S°i. LECTURES TO YOUNG PEOPLE. BedWon. Sl'Jo!U12moI:>' With ^ Introduotory Address. By Samnel Miller, D.D. Fourth .^f. ™'n^!fi °f »Dr- Sp'aSrU8 "V00 weU ^own> and '°° IliShlT estimated by the Christian com munity generally, to require any other encom.um than is furnished by their own merits : for this rea son it is thought unnecessary to subjoin the favourable testimonies borne to their utility and excel lence by the whole circle of the periodical press of this country, and the fact that they have each abroad S »overal editions in England, sufficiently attests the estimation in which they are held > WILLIAMS'S MISSIONARY ENTERPRISES. A Narrative of Missionary Enterprises and Triumphs in the South Seas, -with Remarks upon the Natural History of the Islands, Origin, Language, Tradition, and Usages of the Inhabi tants. By the Rev. John Williams, of the London Missionary Society. Num'erous plates. 1 vol. large 12mo. ".We have been greatly delighted with this work. And if asked, why 1 we answer, because it furnishes the most full and satisfactory account of Polynesia, the isles of the Pacific, we have any where met with. 2. 3t relates facts, occurrences, and incidents, of which the author was eye and ear witness. 3. It incidently gives a full-length portrait of the missionary character of the present age ; a .portrait that even Satan must admire, though ' he cannot love.' 4. It fairly developes the true spirit of the Christian missions, and the principles on which they are successfully conducted. 5. It exhibits the astonishing power of the gospel in the transformation of the most degraded class of human beings. 6. It evinces the inseparable connexion between Christianity and civilization ; between the gospel re ceived, and man's present happiness, 7. It illustrates the grace of God, as displayed in the triumphant death of heathen converts. 8. It exposes the ignorance and wickedness of those who misrepresent the design and operations of Christian missions. 9. It demonstrates that the ' isles of the sea' are waiting for God's law, and that God's time has come for their conversion. 10. It urges powerfully to greatly enlarged effort for the * immediate emancipation ' of all the slaves of Satan from the bondage of thou sands of years. " Besides these, we might state many other reasons for our high satisfaction with this transatlantic volume. It is written in a style of great simplicity, in a spirit of great meekness, in a tone of candour ¦nd modesty, that we much admire. - It conveys no small amount of valuable geographical and geolo gical information ;' much of it new to us, and probably to others. It is replete with distinct references to the hand of Divine Providence, and with devout reflections, that render it valuable, even as an ' aid to devotion.' It is throughout highly attractive for the variety of its matter, for the fairness of its occasional discussions on some mooted questions of natural history, &c, for the light it throws on the social condition of different tribes of savages, and their intellectual character, and for the continuity of the whole story. " Other minds may not be affected like our own. But if the practised reader of novels and romances finds the charms of fiction working as powerfully to withdraw his mind from all things around him, as we have found the charms of these authentic ' Missionary Enterprises ' working on ourselves, we won der not at his attachment to them, however unjustifiable it may be. After once entering fairly into the spirit of the narrative, it is hardly possible for us to conceive of a pious mind that can * let it go ' till it shall have been ' devoured.' "— Evangelist. MISSIONARY'S FAREWELL. By the Rev. John Williams, author of " Missionary Enterprises," &c. 1 vol. 18mo. THE MARTYRED MISSIONARIES. Memoirs of the Rev. Samuel Munson and the Rev. Henry Lyman, late Missionaries to the Indian Archipelago, with the Journal of their Exploring Tour. :By the Rev. William Thompson. 1 TOl- 12mo. DISCOURSES ON THE NERVOUS SYSTEM Seleot Discourses on the Functions of the Nerffous System, in opposition to Fhrenoiogy, Materialism and Atheism j to which is prefixed a Lecture on the Diversities of the Human Character arising from Physiological Peculiarities. By John Augustine Smith, MJX 1 vol 12mo. 12 D. APPLETON & CO.'S PUBLICATIONS. LAFEVER'S MODERN ARCHITECTURE. ' Beauties of Modern Architecture : consisting of forty-eight plates of Original Designs, with Flans, Elevations and Sections, also a Dictionary of TechnicalTerms j the whole forming a complete Manual for the Practical Builder. By M. Lafevnr, Architect, 1 vol. large 8vo., half bound.' * LAFEVER'S STAIR-CASE AND HAND-RAIL CONSTRUCTION. "* The Modern Practice of Stair-case and Hand-rail Construction, practically explained, in 0 series of Designs. By M. Lafever. Architect. With Flans and Elevations for Ornamen tal Villas. Fifteen Plates, l" vol. large 8vo. HODGE ON THE STEAM-ENGDm The Steam- Engine , its Origin and Gradual Improvement, from the time of Hero to the pre sent day, as adapted to Manufactures, Locomotion and Navigation, Illustrated with forty eight plates in full detail, numerous wood cuts, Sec. By Paul R. Hodge, CE. .x 1 vol. folio of plates, and letter-press in 8vo. "~**y " The letter-press volume furnishes a comprehensive history of the invention and the various im provements which have been made in the steam-engine, from the earliest period to the present time, together with such practical rules and explanations as are necessary Eoeuahle the mechanic to design . nd construct a machine of any required power, and of the most improved form, for any of the numer ous applications of steam/ For the purpose of rendering the reference" from the letter-press to the plates more convenient,, the engraved illustrations are published in a separate volume, in the folio form These plates are all drawn to certain scales, and the dimensions of every part may be taken, and ma chines built from any of the designs. ** " The nrnst recent and approved engines of their respective classes appear to have been selected, and, with four exceptions jm-ly, are all of American construction and arrangement. The volume of plates, as a work of the a-rfttf drawing, forms one of the most splendid specimens that has .ever fallen under our observation. Mr. Hodge, the author of this truly practical and valuable work,, is, it y/ill ba recollected, the inventor of the steam fire-engine, the utility of which, in extinguishing fires, has-been fully tested."— Courier ty Enquirer • <.. . ^ THE PROTCD?LES OF, DIAGNOSIS. By Marshall Hall, MD. F.R.S., &o. Second edition, with many improvements, By Dr John A. Sweet, lvol. Bvo. '»¦ This work was published in accordance with some of, the most celebrated physicians of this country, who were anxious that it should be brought within the reach of all .classes of medical men, to whose attention it offers strong claims as the latest and best work on the^subject, and as being calculated to nil a blank in the medical library, the existence of which, hitherto, has been generally admitted and deplored. KEIGHTLEY'S MYTHOLOGY FOR SCHOOLS. The Mythology of Ancient Greece and Italy, designed for the Use of Schools. By Thomas Keightley. Numerous wood-cut illustrations.1 vol. 18mo., half bound. HAZEN'S SYMBOLICAL SPELLING-BOOK. The Symbolical Spellirif. Book, in two parts. By Edward Hazen. Containing 288 engravings. MY SON'S MANUAL. f Comprising a Summary View of the Studies, Accomplishments, and Principles of Conduct, beet suited for promoting Respectability and Success in Life. Elegantly engraved frontispiece. 1 vol. 18mo. MY DAUGHTER'S MANUAL. Comprising a Summary View of Female Studies, Accomplishments, and Principles of Conduct. Btie- tiftti frontispiece. • lvol. ISmo. ELLA V , ; Or the fuly Tour. By one of the party* 1 vol. 12mo. " He can form a moral on. a glass of champagne. " — Le Rof* ORTJDEN'S CONCORDANCE. Containing all the Words to be found in the large Work relating to the New Testament. 1 vol. 18mo. THE FOLYMIORIAN NEW TESTAMENT. Numerous References. Maps, &c. 1 vol. 18mo. YALE UNIVERSITY LIBRARY 3 9002 01250 7290