Chapter 15

DANIEL D. TOMPKINS AND DeWITT CLINTON

1807-1810

Had DeWitt Clinton succeeded to the governorship in 1807, his way to the Presidency, upon which his eye was already fixed, might have opened easily and surely. But the bitterness of the Livingstons and the unfriendly disposition of the Federalists compelled him to flank the difficulty by presenting a candidate for governor who was void of offence. If it was humiliating to admit his own ineligibility, it was no less so to meet the new condition, for Lewis' election in 1804 had discovered the scarcity of available material, and developed the danger of relying upon another to do his bidding. Just now Clinton wanted a candidate with no convictions, no desires, no ambitions, and no purposes save to please him. There were men enough of this kind, but they could neither conceal their master's hand, nor command the suffrages of a majority on their own account. In this crisis, therefore, he selected, to the surprise of all and to the disgust of some, Daniel D. Tompkins, the young and amiable justice of the Supreme Court, who had taken the place of James Kent on the latter's promotion to chief justice.

Thus it happened that the day which witnessed DeWitt Clinton's removal from the New York mayoralty, welcomed into larger political life this man of honourable parentage, who was destined to play a very conspicuous part in affairs of state. Daniel D. Tompkins, a youth of promise and a young man of ripening wisdom, had been for some years in the public eye, first as a member of the constitutional convention of 1801, afterward as a successful candidate for Congress, and later as a judge of the Supreme Court. His rise had been phenomenally rapid. He passed from the farm to the college at seventeen, from college to the law office at twenty-one, from the law office to the constitutional convention at twenty-seven, and thence to Congress and the Supreme Court at thirty. He was now to become governor at thirty-three. But with all his promise and wisdom and rapid advancement, no one dreamed in 1807 that he was soon to divide political honour and power with DeWitt Clinton, five years his senior.

Tompkins was on the farm when Clinton was in Columbia College; but if the plow lengthened his days, study shortened his nights, and five years after Clinton graduated, Tompkins entered the same institution. Just then it was a stern chase. Clinton had the advantage of family, Tompkins the disadvantage of being a stranger. When the former entered the Legislature, the latter had only opened a law office. Then, but four years later, they met in the constitutional convention, Clinton on the winning side and Tompkins on the right side. The purpose of this convention, it will be recalled, had been to give each member of the Council of Appointment the power to nominate candidates for office--Clinton holding that the Council had the right to nominate as well as to confirm appointments; Tompkins, with barely a dozen associates, took the ground, maintained by Governors Clinton and Jay, that its power was limited to confirmation. This position showed the nerve as well as the independence of the younger man, and he was able proudly to refer to it when, twenty years later, the constitutional convention of 1821, inspired by the popular contempt, achieved the abolition of the Council, and with it the political corruption and favouritism to which it had given rise.

The record of New York politics is a record of long and bitter contests between these chiefs of two antagonistic Republican factions. What the struggle between Stalwarts and Half Breeds was to our own time, the struggle between Clinton and Tompkins was to our ancestors of two and three generations ago. Two men could hardly be more sharply contrasted. The one appeared cold and reserved, the other most gracious and gentle; Clinton's self-confidence destroyed the fidelity of those who differed in opinion, Tompkins' urbanity disarmed their disloyalty; Clinton was unrelenting, dogged in his tenacity, quick to speak harshly, moving within lines of purpose regardless of those of least resistance. Although he often changed his associates, like Lord Shaftesbury, he never changed his purposes. Tompkins, always firm and dignified, was affable in manner, sympathetic in speech, overflowing with good nature, and unpretending to all who approached him. It used to be said that Tompkins made more friends in refusing favours than Clinton did in granting them.

The two men also differed as much in personal appearance as in manner. Tompkins, shapely and above the ordinary height, had large, full eyes, twinkling with kindness, a high forehead wreathed with dark, curly hair, and an oval face, easily and usually illuminated with a smile; Clinton had a big frame, square shoulders, a broad, full forehead, short, pompadour hair, dark penetrating eyes, and a large mouth with lips firmly set. It was a strong face. A dullard could read his character at a glance. To his intimate friends Clinton was undoubtedly a social, agreeable companion; but the dignified imperiousness of his manner and the severity of his countenance usually overcame the ordinary visitor before the barriers of his reserve were broken. Tompkins, on the contrary, carried the tenderness of a wide humanity in his face.

It was hardly creditable to Clinton's knowledge of human nature that he selected Daniel D. Tompkins for a gubernatorial candidate, if he sought a man whom he might control. The memory of the constitutional convention, or a glance into the history of the elder Tompkins, who had stood firm and unyielding in the little settlement of Fox Meadows in Winchester after the American defeat on Long Island, when all his neighbours save two had faltered in the cause of independence, would have enlightened him respecting the Tompkins character. The farmer boy's determined, patient preparation for public life, and his fortitude in the face of conscious disadvantages, ought also to have suggested that the young man was made of sterner stuff than the obedient Theodorus Bailey. Still more surprising is it that Clinton should overlook, or insufficiently consider the fact that Tompkins was now the son-in-law of Mangle Minthorne, a wealthy citizen of New York, and the leader of the Martling Men, of whose opposition he had already been apprised, and whose bitter hostility he was about to experience. If he thought to disarm the enmity of Minthorne by helping the son-in-law, his hopes were raised only to be dashed to earth again.

It is certain DeWitt Clinton had no one save himself to thank for taking this Hercules, whose political direction was conspicuously inevitable from the first. But Clinton wanted an assured victor against Morgan Lewis and the Livingstons, with their Federalist supporters, and, although some people inclined to the opinion that Tompkins had already been promoted too rapidly, Clinton believed his services on the bench had made him the most available man in the party. For three years this young judge, substituting sympathy for severity, had endeared himself to all who knew him. The qualities of fairness and fitness which Greek wisdom praised in the conduct of life were characteristic of his life. From what we know of his work it is fair to presume, had he tarried upon the bench until 1821, he would have been a worthy associate of Smith Thompson and Ambrose Spencer.

Sixty-five Republican members of the Legislature signed the address, drawn by DeWitt Clinton, putting Tompkins into the race for governor; forty-five indorsed the platform on which Governor Lewis stood for re-election. The Clinton address gave no reason for preferring Tompkins to Lewis, but the latter's weakness as an executive, foreshadowed a defeat which each day made plainer, and when the votes, counted on the last day of April, gave Tompkins 4085 majority, the result was as gratifying to Clinton as it was disastrous to Lewis.[153] It was not a sweeping victory, such as Lewis had won over Burr three years before, for the former's weakness was less offensive than the latter's wickedness, but it launched the successful candidate on his long period of authority, which was not to be ended until he was broken in health, if not in character.

[Footnote 153: Daniel D. Tompkins, 35,074; Morgan Lewis, 30,989.--_Civil List, State of New York_ (1887), p. 166.]

Daniel D. Tompkins had the good fortune to begin his administration at a time when England and the United States were about to quarrel over the former's insistence on impressing American seamen into its service, thus giving the people something to think about save offices, and dividing them again sharply into two parties. Indeed, while the election was pending in April, three deserters from the _Melampus_, a British sloop-of-war, by enlisting on the _Chesapeake_, a United States frigate of thirty-eight guns, became the innocent cause of subjecting the United States to gross insult. The American government, smarting under England's impressment of its seamen, refused to surrender these deserters, inquiries showing that they were coloured men of American birth, two of whom had been pressed into the British service from an American vessel in the Bay of Biscay. When the _Chesapeake_ sailed, therefore, the _Leopard_, an English man-of-war mounting fifty guns, followed her to the high seas and demanded a return of the deserters. Receiving a prompt refusal, the Englishman raked the decks of the _Chesapeake_ for the space of twelve minutes, killing three men and wounding eighteen, among them the commander. The _Chesapeake_ was not yet ready for action. Her crew was undrilled in the use of ordnance, her decks littered, appliances for reloading were wanting, and at the supreme moment neither priming nor match could be found. Under these distressing circumstances, the boarding officer of the _Leopard_ took the deserters and sailed for Halifax. The sight of the dismantled _Chesapeake_, with its dead and dying, aroused the people irrespective of party into demanding reparation or war. "This country," wrote Jefferson, "has never been in such a state of excitement since the battle of Lexington."[154] Immediately the most exposed ports were strengthened, and the States were called upon to organise and equip 100,000 militia ready to march. Among other things, Jefferson ordered British cruisers to depart from American waters, forbidding all aid and intercourse with them.

[Footnote 154: Jefferson to Colonel Taylor, August 1, 1807; _Works_, v., 148.]

On the day of Governor Tompkins' inauguration the crippled _Chesapeake_ sailed back into Norfolk; and before the New York Legislature assembled in the following January, England had published its Orders in Council, forbidding all neutral trade with France. Napoleon had also promulgated his Milan Decree, forbidding all neutral trade with England, and the Congress of the United States, with closed doors, in obedience to the recommendation of the President, had ordered an embargo forbidding all foreign-bound American vessels to leave United States ports.

For several years American commerce, centring chiefly in New England and New York, and occupying a neutral position toward European belligerents, had enjoyed unparalleled prosperity. Reaching all parts of the world, it had, indeed, largely engrossed the carrying trade, especially of France and the European powers. As restraints increased, the Yankee skippers became sly and cunning--risking capture, using neutral flags, and finding other subterfuges for new restrictions. The embargo would tie up the ships to rot, throw seamen out of employment, destroy perishable commodities like breadstuffs, and paralyse trade. From the moment of its passage, therefore, merchants and shipowners resisted it, charging that Napoleon's Decree had provoked the British Orders, and that if the former would recede, the latter would be modified. It revived the old charge of Jefferson's enmity to commerce. In the excitement, DeWitt Clinton opposed it, and Cheetham, with his bitter, irritating pen, sustained him. He thought American commerce might be left to solve the difficulty for itself, by allowing merchants to arm their vessels or otherwise encounter the risks and perils at their own discretion, rather than be compelled to abandon the highway of nations to their British rivals, whose sole purpose, he maintained, was to drive us from the ocean and capture French supplies being transported in French vessels.

But the Republicans in Congress stood firmly by the embargo, holding that if George Canning would modify the Orders in Council, which were intended to drive American commerce from the ocean, Napoleon would modify his decrees, which were provoked by the British Orders. It was not a question of avoiding sacrifices, said Governor Tompkins, in his speech to the Legislature, in January, 1808, but whether one sacrifice might not better be borne than another. The belligerents had issued decrees regardless of our rights. If we carried for England, France would confiscate; if for France, England would confiscate. England exacted tribute, and insisted upon the right of search; France demanded forfeiture if we permitted search or paid tribute; between the two the world was closed to us. But the belligerents needed our wheat and breadstuffs, and while the embargo was intended only for a temporary expedient, giving the people time for reflection, and keeping our vessels and cargoes from spoliation, it must prevail in the end by making Europe feel the denial of neutral favours. "What patriotic citizen," he concluded, "will murmur at the temporary privations and inconveniences resulting from this measure, when he reflects upon the vast expenditure of national treasure, the sacrifice of the lives of our countrymen, the total and permanent suspension of commerce, the corruption of morals, and the distress and misery consequent upon our being involved in the war between the nations of Europe? The evils which threaten us call for a magnanimous confidence in the efforts of our national councils to avert them, and for a firm, unanimous determination to devote everything that is dear to us to maintain our right and national honour."[155]

[Footnote 155: _Governor's Speeches._ January 26, 1808, p. 98.]

Governor Tompkins' views, sustained by decided majorities in both branches of the Legislature, hastened DeWitt Clinton's change of attitude; and, to the great disgust of Cheetham, he now swung into line. Deceived by the first outcry against Jefferson's policy, Clinton had presided at an opposition meeting, while Cheetham, following his lead, had assailed it in the _American Citizen_. In the same spirit George Clinton, the Vice President, imprudently and impulsively attacked it in letters to his friends; but DeWitt Clinton, seeing his mistake, quickly jumped into line with his party, leaving Cheetham and his uncle to return as best they could. It was an ungracious act, since Cheetham, who had devoted the best of his powers in justifying the conduct of Clinton, was now left in the air, without the means of gracefully getting down.

Meantime, the new Council of Appointment, elected in February, and controlled by DeWitt Clinton, had reversed the work of Lewis. Marinus Willett surrendered the mayoralty to DeWitt Clinton, Maturin Livingston gave up the recordership, Thomas Tillotson turned over the secretaryship of state to Elisha Jenkins, Sylvanus Miller again became surrogate of New York, and John Woodworth was dismissed from the office of attorney-general. Under the Constitution, the Legislature elected the treasurer of the State, an office which Abraham G. Lansing, brother of the Chancellor and father of Garrett, had held continuously since the defalcation of McClanan in 1803. Lansing was wealthy, and, like his brother, a man of the highest character for integrity and correct business methods, but he had followed Lewis to defeat and now paid the penalty by giving place to David Thomas, who, like McClanan, was also to prove a defaulter. Thus, within a year after Tompkins' inauguration, an entire change of persons holding civil offices in the State had taken place, the Governor shrewdly strengthening himself by assuming to have helped the winners, and weakening Clinton by permitting the disappointed to charge their failure to the Mayor.

The nomination of a Republican candidate to succeed Jefferson, gave Tompkins further opportunity of strengthening himself at the expense of DeWitt Clinton. For months the latter had been urging the claims of George Clinton for President, on the ground of the Vice President's hitherto undisputed right to promotion, and because Virginia had held the office long enough. But a congressional caucus, greatly to the disgust of Monroe and the Clintons, and without the knowledge of the Vice President, hastily got together according to the custom of the day and nominated James Madison for President and George Clinton for Vice President. The disappointed friends of Monroe and Clinton charged that the caucus was irregular, only eighty-nine out of one hundred and thirty-nine Republican representatives and senators having attended it, and could they have agreed upon a candidate among themselves Madison must have been beaten. Leading Federalists waited until late in April for DeWitt Clinton to make some arrangement which their party might support, but, while Federalists waited, the threatened Republican bolt wasted itself in a fruitless endeavour to unite upon a candidate for first place. Monroe's friends would not have George Clinton, whom they pronounced too old and too infirm, and Clinton's friends declined to accept Monroe, who was objectionable, if for no other reason, because he was a Virginian. Finally, the Federalists nominated Charles C. Pinckney of South Carolina for President and Rufus King of New York for Vice President, making Madison's election absolutely certain.

This ought to have ended the strife in Republican ranks. Under similar circumstances any ordinary politician would have hastened to re-establish himself with his party. But DeWitt Clinton, carrying the contest to the New York Legislature, called to appoint presidential electors, insisted that the vote of the State be given to his uncle. The strong affection for the venerable statesman insured the suggestion favourable consideration by a large portion of the Republican party, but Tompkins assailed it with unanswerable argument. Without being of the slightest use to George Clinton, he contended, such a course would exhibit an unhappy division in Republican ranks, excite the jealousy of Madison's friends, impair the influence of New York Republicans with the Administration, and make them appear ridiculous to their brethren in other States. This was the talk of a wise politician. The contest was squarely between James Madison, regularly nominated by the method then accepted, and Charles C. Pinckney, the candidate of the Federalists; and a vote for Clinton meant a Republican vote thrown away out of pique. DeWitt Clinton understood this; but he could not curb a disposition to have things his way, and, upon his insistence, it was finally agreed that each elector should vote his preference. Under this arrangement, George Clinton received six votes out of the nineteen, Ambrose Spencer leading the minority. Of the votes cast for President, Madison received 122, Clinton 6, and Pinckney 48; for Vice President, George Clinton had 113, Rufus King 48, John Langdon of New Hampshire 9, and Madison and Monroe three each, the votes of Judge Spencer and his five associates.

Within a twelvemonth DeWitt Clinton had plainly made a series of serious mistakes. He had opposed the embargo, he had antagonised Madison, who still resented the Clintons' opposition to the Federal Constitution, and he had forced a discovery of Tompkins' superior management and political wisdom. To add to his embarrassment, the Lewisites, the Burrites, and the Martling Men now openly charged him with hostility to Madison and with insincere support of Jefferson and Tompkins, since he continued on friendly terms with Cheetham, who still bitterly opposed the embargo. If these three political groups of men, having a bond of union in their common detestation of DeWitt Clinton, could have found a leader able to marshal them, they must have compassed the latter's political overthrow long before he prostrated himself. Already it was whispered that Tompkins approved their attacks, a suspicion that found many believers, since Minthorne had set to work to destroy Clinton. But the Governor was too wise to be drawn openly into gladiatorial relations with DeWitt Clinton at this time, although, as it afterward appeared, Madison and Tompkins even then had an understanding to which Clinton was by no means a stranger.

Clinton, however, continued seemingly on good terms with Tompkins; and to disprove the attacks of the Martling Men he introduced a series of resolutions in the State Senate, to which he had been elected in the preceding April, approving the administration of President Madison and pledging support to Governor Tompkins. To make his defence the more complete, he backed the resolutions with an elaborately prepared speech, in which he bitterly assailed the Federalists, who, he declared, thought it "better to reign in hell than serve in heaven." Clinton may be excused for getting in accord with his party; but since his change disclosed an absence of principle, it was bad manners, to say the least, to denounce, with Miltonic quotation, those who consistently held to the views formerly entertained by himself. Of Clinton it could scarcely be said, that he was a favourite in the Legislature. He frequently allowed his fierce indignation to get the better of his tongue. His sharp sarcasms, his unsparing ridicule, and his heedless personalities, sometimes withered the effect of his oratory; yet it is quite certain that the fury of his assaults and the exuberance of his anger aroused the keenest interest, and that when the Martling Men finally prevented his return to the Legislature his absence was generally regretted.

Clinton's speech did not convince Federalists that embargo was the product of profound statesmanship. Abraham Van Vechten, the leader of the Federalists in the Legislature, was a powerful and logical reasoner, and an orator of singular eloquence. His success as an advocate at the bar followed him to the Assembly, and in every debate he proved a formidable antagonist. He had a gift of sarcasm that made an adversary exceedingly uncomfortable; and as he shattered the reasoning of Clinton, he exposed the imperious and domineering trimmer to ridicule and jest. Van Vechten ranked among the ablest men of New York. His tall, erect, and dignified figure was well known throughout the State, and although he did not assume to lead his party, the Federalists recognised his right to share in its leadership. Governor Jay offered him a place on the Supreme bench; but he preferred the bar and the brief sessions of the Legislature.

By the side of Van Vechten sat Daniel Cady, at that time thirty-six years of age, already renowned as a lawyer, the rival of Ogden Hoffman and Marcus T. Reynolds, and, in the estimation of his contemporaries, one of the most generous and gifted men of his time. Three terms in the Legislature and one in Congress measured, until his election to the Supreme Court in 1847, his career in public life; but brief as was this service, his great ability adorned the State and strengthened his party. His distinguished daughter, Elizabeth Cady Stanton, whose achievements covered more than half of the last century, represented in a marked degree his gifts, his accomplishments, and the sweetness of his nature.

Under the lead of Van Vechten and Cady, the Federalists tormented DeWitt Clinton and the friends of embargo, by contrasting the busy wharves in 1807, covered with bales of cotton, barrels of flour, and hogsheads of sugar, with the stagnation that characterised all avenues of commerce in 1809. Ropewalks were deserted, sailmakers idle, draymen without business, and sailors without bread. If England bled, they declared, the United States bled faster. An ocean whitened with American sails had been turned over to British ships which were absorbing the maritime trade. France showed an indifference to America's commerce and England boasted an independence of America's trade. As a weapon of coercion, exclaimed Cady, embargo has been a failure--as a measure of defence it has been suicidal. What would happen if our ships were suffered to go to Europe and the Indies? Some would reach Europe and find a market; others would go to England, obtain a license to sail to a Baltic port, and then sell at great profit. Out of a hundred ships, two would probably be seized by the French. Better to lose two by seizure than the destruction of all by embargo.

Obadiah German had much to say in defence of the justice and prudence of the embargo. There was nothing brilliant about German; but ample evidence of his parliamentary ability lines the pathway of his public career. Without eloquence or education, he had the full courage of his convictions and an intellectual vigour sufficient to back them. He came to the Legislature in 1798, and, in 1809, very unexpectedly succeeded Samuel L. Mitchill as United States senator. Later he served one term as speaker of the Assembly. Just now he was the recognised leader of the Republican majority in that body, and in his wise, uncouth way dealt many a hard blow with telling effect.

Nathan Sanford also assisted in repelling the assaults of Cady and Van Vechten. Sanford was the pet of the Martling Men and the enemy of DeWitt Clinton. He had been appointed United States attorney upon the resignation of Edward Livingston in 1803, holding the office until his election to the United States Senate to succeed Obadiah German in 1815. In the meantime he served two terms in the Assembly, one of them as speaker, and three terms in the State Senate. Afterward, he became chancellor for two or three years, and then took another term as United States senator. His activity gave him strength, and his loyalty to the Martling Men, now known as Tammany, supplied him with backers enough to keep him continuously in office for thirty years. Despite his titles of Senator and Chancellor, however, and his long public service, he did not leave a memory for eloquence, scholarship, or for great ability; though he was a ready talker and a willing friend, quick to catch the favouring breeze and ready to adopt any political method that promised success. In upholding embargo, Sanford admitted its seriousness, but emphasised its necessity. He recalled how England had searched our ships, impressed our seamen, killed our citizens, and insulted our towns. The ocean, he argued, had become a place of robbery and national disgrace, since Great Britain, by its orders in Council, had provoked France into promulgating the Berlin Decree of November, 1806, and the Milan Decree of December, 1807, which denationalised any ship that touched an English port, or suffered an English search, or paid an English tax--whether it entered a French port, or fell into the power of a French privateer. Thus, since England had blockaded one-half of Europe and France the other half, he thought it time for dignified retirement, until England felt the need of additional supplies, and France awoke to the loss of its luxuries.

At the close of the spirited debate, DeWitt Clinton's resolutions were adopted by both houses--in the Senate without a division; in the Assembly by a vote of sixty-one to forty-one. But almost before the result was announced, American wheat dropped from two dollars to seventy cents a bushel, turning the election of April, 1809, into a Federalist victory. It was a great surprise to Tompkins and his party, whose only gleam of hope grew out of the failure of the Federalists to return senators from the middle and eastern districts, thus preventing, as they assumed, a Federalist majority in the new Council of Appointment and a wholesale removal of Republican officials. But the Federalists understood their work. After welcoming to the speakership their old friend, William North of Duansburgh, who had served in the same capacity in 1795 and again in 1796, the Assembly elected to the Council, two Federalists and two Republicans, including Robert Williams of the middle district. Williams had been a Lewisite, a Burrite, and a Clintonian. With the help of a Federalist governor in 1799, he became sheriff of Dutchess County, and, although he bore the reputation of a trimmer, he seems to have concealed the real baseness of his character until the meeting of the new Council, when his casting vote turned out of office every Republican in the State. By this treachery his son-in-law, Thomas J. Oakley, of whom we shall hear much hereafter, became surrogate of Dutchess County; Jacob Radcliff, the great chancery lawyer, mayor of New York; Abraham Van Vechten, attorney-general, and Abraham G. Lansing, treasurer of state. From the moment of his apostacy Robert Williams, classified by his neighbours with Judas Iscariot and ignored by men of all parties, passed into obscurity.