Chapter 30

CLINTON AGAIN IN THE SADDLE

1823-1824

The election in the fall of 1822 was one of those sweeping, crushing victories that precede a radical change; and the confidence with which the victors used their power hurried on the revolution prophesied in Clinton's clever letter to Post. The blow did not, indeed, come at once. The legislators, meeting in January, 1823, proceeded cautiously, agreeing in caucus upon the state officers whom the Legislature, under the amended Constitution, must now elect. John Van Ness Yates, the Governor's nephew, was made secretary of state; William L. Marcy, comptroller; Simeon DeWitt, surveyor-general, and Alexander M. Muir, commissary-general. The caucus hesitated to nominate DeWitt because he was a Clintonian; but forty years of honourable, efficient, quiet service finally appealed to a Republican Legislature with all the force that it had formerly appealed to the Skinner Council. There was more of a contest over the comptrollership. James Tallmadge suddenly blossomed into a rival candidate. Tallmadge, like John W. Taylor, won his spurs as a leader of the opposition to the Missouri Compromise. He had been an ardent supporter of Clinton until the latter preferred Thomas J. Oakley as attorney-general; then he swung into communion with the Bucktails. He was impulsively ambitious, sensitive to opposition, fearless in action, and such an inveterate hater that he could not always act along lines leading to his own preferment.

Under the new Constitution, county judges, surrogates, and notaries public were selected from the dominant party with more jealous care than by the old Council; and if Yates failed to observe the edict of the Regency, the Senate failed to confirm his appointees. Hammond, the historian, gives an instance of its refusal to confirm the reappointment of a bank cashier as a notary public because of his politics. But the really absorbing question was the appointment of Supreme Court judges. Though there was no objection to Nathan Sanford for chancellor, since he would not take office until the retirement of James Kent, in August, by reason of age limitation, the spirit shown in the constitutional convention, toward the old Supreme Court judges, pervaded the Senate. The Governor, who had served with Ambrose Spencer since 1808, and with Platt and Woodworth from the time of their elevation to the court, was prompted, perhaps through his kindly interest in their welfare, to nominate them for reappointment, but the Senate rejected them by an almost unanimous vote. If the Governor had now let the matter rest, he would doubtless have escaped the serious charge of insincerity. The next day, however, without giving the rejected men opportunity to secure a rehearing, he nominated John Savage, Jacob Sutherland, and Samuel R. Betts. The suddenness of these second nominations seemed to indicate a greater desire to continue cordial relations with the Senate than to help his former associates. Whatever the cause, though, Ambrose Spencer never forgave him; nor did he outlive Samuel Young's criticism of playing politics at the expense of his old comrades upon the bench.

With the exception of Ambrose Spencer, who was destined to be remembered for a time by friends and enemies, the old judges of the Supreme Court may now be said to drop out of state history. Spencer lived twenty-five years longer, until 1848, serving one term in Congress, one term as mayor of Albany, and finally rounding out his long life of eighty-three years as president of the national Whig convention at Baltimore in 1844; but his political and public activity, as a factor to be reckoned with, ceased at the age of fifty-eight. The close of his life was spent in happy quietude among his books, and in the midst of new-found friends in the church, with which he united some six or eight years before his death. Jonas Platt returned to Clinton County, and, for a time, practised his profession with great acceptance as an advocate; but as a master-politician he, like Spencer, was out of employment forever. At last, he, too, retired to a farm, and with composure awaited the end that came in 1834. William W. Van Ness was destined to go earlier. Not seeking reappointment to the bench, he settled in New York, with apparently forty years of life before him, his genius in all the glow of its maturity marking him for greater political success than he had yet achieved; yet, within a year, on February 27, 1823, death found him while he sought health in a Southern State. He was only forty-seven years old at the time. Disease and not age had thrown him. Born in 1776, he had won for himself the proudest honours of the law, and written his name high up on the roll of New York statesmen.

Governor Yates had thus far travelled a difficult and dusty road. In the duty of organising the government, which, under the new Constitution fell to him, and in making appointments, he received the censure and was burdened with the resentment of the mortified and disappointed. His opponents, with the hearty and poorly concealed approval of Young's friends, made it their business to create a public opinion against him. They assailed him at all points with ridicule, with satire, with vituperation, and with personal abuse. They seemed to lie in wait to find occasion for attacking him, exaggerating his weaknesses and minimising his strength. But the blunder that broke his heart, and sent him into unexpected and sudden retirement, was his opposition to a change in the law providing for the choice of presidential electors by the people. The demand for such a measure grew out of a divided sentiment between William H. Crawford, then secretary of the treasury, John Quincy Adams, secretary of state, and Henry Clay, speaker of the national House of Representatives, the leading candidates for President. There was, as yet, no real break in the Republican party. No national question had appeared upon which the nation was divided; and, although individuals in the South took exception to protective duties, the party had made no claim that the tariff system of 1816 was either inexpedient or unconstitutional. The selection of a candidate for President had, however, become intensely personal, dividing the country into excited factions equivalent to a division of parties. In New York, Van Buren and the Albany Regency favoured Crawford; James Tallmadge, Henry Wheaton, Thurlow Weed and others preferred Adams; and Samuel Young, Peter B. Porter and their friends warmly supported Clay. The heated contest extended to the people, who understood that the choice of Crawford electors by the Legislature would control the election for the Georgian, while a change in the law would give Adams or Clay a chance. To insure such a change, the opponents of Crawford, calling themselves the People's party, made several nominations for the Assembly, and among those elected by overwhelming majorities were Tallmadge and Wheaton.

If Tallmadge was the most conspicuous leader of the People's party, Henry Wheaton was easily second. Though seven years younger, he had already made himself prominent, not merely as a politician of general ability, but as a reporter of the United States Supreme Court, whose conscientious and intelligent work was to link his name forever with the jurisprudence of the country. During the War of 1812, Wheaton had edited the _National Advocate_, writing a series of important papers on neutral rights; and, subsequently, he had become division judge-advocate of the army, and justice of the marine court of New York City. From the constitutional convention of 1821, he stepped into the Assembly of 1824, where, in the debates over the choice of electors by the people, his ready eloquence made him a valuable ally for Tallmadge and a formidable opponent to Flagg. His ambition to shine as a statesman, and an extraordinary power of application, equipped him with varied information, and made him an authority on many subjects. He joined Benjamin F. Butler in the revision of the statutes of the State, and was associated with Daniel Webster in settling the limits of the bankruptcy legislation of the state and federal governments. Just now he was still a young man, only in his thirty-ninth year; but those who had seen his keen, clever articles on neutral rights, polished and penetrating in style, and who heard his skilful and fearless advocacy of the people's right to choose electors, were not surprised to learn of his appointment, in later life, as a lecturer at Harvard, or to read his great work on the _Elements of International Law_, published in 1836. As a reward for the part he took in the election of 1824, President Adams sent him to Denmark, from whence he went to Prussia--these appointments keeping him abroad for twenty years.

John Van Ness Yates urged his uncle to recommend a change in the law regulating the choice of electors; and if the Governor had possessed the political wisdom necessary in such an emergency, he would doubtless have taken the suggestion. But Yates thought it wise to follow the Regency; the Regency thought it wise to follow Van Buren; and Van Buren opposed a change, as prejudicial to Crawford's interests. The result was a bungling attempt on the part of the Governor to evade the direct expression of an opinion. Finally, however, he said that as Congress was likely soon to present an amendment to the Constitution for legislative sanction, it was inadvisable "under existing circumstances" to change the law "at this time."[226] This was neither skilful nor truthful. Congress had no thought of doing anything of the kind, and, if it had, men knew that an amendment could not be secured in time to operate at the coming election. Yates' message, therefore, was pronounced "a shabby dodge," a trick familiar to many statesmen in difficulties.

[Footnote 226: _Governors Speeches_, Aug. 2, 1824, p. 218.]

When the Legislature convened, in January, 1824, a bill authorising the people to choose electors naturally excited a long and bitter debate, in which Azariah C. Flagg represented the Regency. Flagg was a printer by trade, the publisher of a Republican paper at Plattsburg, and a veteran of the War of 1812. He was not prepossessing in appearance; his diminutive stature, surmounted by a big, round head gave him the appearance of Atlas with the world upon his shoulders. His voice, too, was shrill and unattractive; but he suddenly evinced shrewdness and address in legislative tactics that greatly worried his opponents and pleased his friends. A majority of the Assembly, however, afraid of their excited and indignant constituents, finally passed the bill. When it reached the Senate, the supporters of Crawford indefinitely postponed it by a vote of seventeen to fourteen.

The defeat of this measure raised a storm of popular indignation. People were exasperated. Newspapers, opposed to the Van Buren leaders, published in black-letter type the names of senators who voted against it, while the frequenters of public places denounced them as "traitors, villains, and rascals," with the result that most of them were consigned to retirement during the remainder of their lives. "The impression here is that Van Buren and his junto are politically dead," wrote DeWitt Clinton to Henry Post on the 17th of February, 1824. "The impression will produce the event."[227]

[Footnote 227: DeWitt Clinton's Letters to Henry Post, in _Harper's Magazine_, Vol. 50, p. 568.]

In the midst of this excitement, came the selection of a candidate for governor, to be elected in the following November. Yates had done the bidding of the Regency and Flagg demanded his renomination, but the men who supported a change in the mode of choosing electors declared that Yates was the original opponent of the people's wishes, and that, if renominated, he could not be re-elected. "If the Governor is to be sacrificed for his fidelity," retorted Flagg, "I am ready to suffer with him." From a sentimental standpoint, this avowal was most creditable and generous, but it had no place in the councils of politicians to whom sentiment never appeals when the shrouded figure of defeat stands at the open door. Just now, too, their fears increased as evidence accumulated that Samuel Young would certainly be offered a nomination by the People's party, and would certainly accept it, if he were not quickly nominated by the Regency Republicans. When the legislators went into caucus on the 3d of April, 1824, therefore, the friends of Van Buren were ready to throw over Yates and to accept Young, with Erastus Root for lieutenant-governor.

Three days afterward, the most influential and active friends of John Quincy Adams and Henry Clay decided that a state convention--consisting of as many delegates as there were members of the Assembly, to be chosen by voters opposed to William H. Crawford for President and in favour of restoring the choice of presidential electors to the people--should assemble at Utica, on September 21, 1824, to nominate candidates for governor and lieutenant-governor. It had long been a dream of Clinton to have nominations made by delegates elected by the people. That dream was now to be realised, and the door to a new political era opened.

Though Clinton had announced a determination to support Andrew Jackson, he displayed no zeal in the state contest, and contented himself with writing gossipy letters to Post and in watching the rapid growth of the Erie canal. As early as 1819, the canal had been opened between Utica and Rome, and from the Hudson to Lake Champlain. The middle section, recently completed, was now actively in use between Utica and Montezuma. In little more than a year, the jubilee over the letting in of the waters of Lake Erie would deaden the strife of parties with booming of cannon and expressions of joy. Throughout all the delays and vexations of this wonderful enterprise, DeWitt Clinton had been the great inspiring force, and, although for several years the board of canal commissioners had been reorganised in the interest of the Bucktails, not a whisper was heard intimating any desire or intention to interfere with him. When it was known, however, that James Tallmadge had been agreed upon as the candidate of the People's party for governor, the Regency, in order to split his forces, determined upon Clinton's removal from all participation in the management of the canal. If Tallmadge voted for such a resolution, reasoned the Van Buren leaders, it would alienate the political friends with whom he was just now acting; if he voted against it, he would alienate Tammany.

It was a bold game of politics, and a dangerous one. The people did not love Clinton, but they believed in his policy, and a blow at him, in their opinion, was a blow at the canal. Nothing in the whole of Van Buren's history exhibits a more foolish disregard of public sentiment, or led to a greater disaster. But the Regency, blinded by its overwhelming victory at the last election, was prepared to pay a gambler's price for power, and, in the twinkling of an eye, before the Assembly knew what had happened, the Senate removed Clinton from the office of canal commissioner, only three votes being recorded for him. Thurlow Weed happened to be a witness of the proceeding, and, rushing to the Assembly chamber, urged Tallmadge to resist its passage through the house. "I knew how bitterly General Tallmadge hated Mr. Clinton," he says, "but in a few hurried and emphatic sentences implored him not to be caught in the trap thus baited for him. I urged him to state frankly, in a brief speech, how entirely he was estranged personally and politically from Mr. Clinton, but to denounce his removal during the successful progress of a system of improvement which he had inaugurated, and which would confer prosperity and wealth upon the people and enrich and elevate our State, as an act of vandalism to which he could not consent to be a party. I concluded by assuring him solemnly that if he voted for that resolution he could not receive the nomination for governor."[228]

[Footnote 228: _Autobiography of Thurlow Weed_, p. 109.]

But Tallmadge remained dumb. Gamaliel H. Barstow, formerly a Clintonian, walked out of the chamber. Other old friends showed indifference. Only Henry Cunningham of Montgomery, entering the chamber while the clerk was reading the resolution, eloquently denounced it. "When the miserable party strifes shall have passed by," he said, in conclusion; "when the political jugglers who now beleaguer this capital shall be overwhelmed and forgotten; when the gentle breeze shall pass over the tomb of that great man, carrying with it the just tribute of honour and praise which is now withheld, the pen of the future historian will do him justice, and erect to his memory a monument of fame as imperishable as the splendid works that owe their origin to his genius and perseverance."[229] One or two others spoke briefly in Clinton's behalf, and then the resolution passed--ayes sixty-four, noes thirty-four. Among the ayes were Tallmadge and Wheaton.

[Footnote 229: _Autobiography of Thurlow Weed_, p. 110.]

Had Clinton been assassinated, the news could not have produced a greater shock. Scarcely had the Assembly adjourned, before the citizens of Albany--rushing into the vacant chamber and electing the old and venerable John Taylor, the former lieutenant-governor, for chairman--expressed their indignation in denunciatory speeches and resolutions. In New York City, a committee of twenty-five, headed by Thomas Addis Emmet, called in person upon Clinton to make known the feeling of the meeting. Everywhere throughout the State, the removal awakened a cyclone of resentment, the members who voted for it being the storm-centres. At Canandaigua, personal indignities were threatened.[230] "Several members," says Weed, "were hissed as they came out of the capitol. Tallmadge received unmistakable evidence, on his way through State Street to his lodgings, of the great error he had committed. His hotel was filled with citizens, whose rebukes were loudly heard as he passed through the hall to his apartment, and as he nervously paced backward and forward in his parlour, 'the victim of remorse that comes too late,' he perceived both the depth and the darkness of the political pit into which he had fallen."[231]

[Footnote 230: _Ibid._, p. 114.]

[Footnote 231: _Ibid._, p. 113.]

Immediately, the tide began setting strongly in favour of Clinton for governor. Clintonian papers urged it, and personal friends wrote and rode over the State in his interest. Clinton himself became sanguine of success. "Tallmadge can scarcely get a vote in his own county," he wrote Post on the 21st of April. "He is the prince of rascals--if Wheaton does not exceed him."[232]

[Footnote 232: DeWitt Clinton's Letters to Henry Post, in _Harper's Magazine_, Vol. 50, p. 569. Clinton seems to have taken a particular dislike to Henry Wheaton. Elsewhere, he writes to Post: "There is but one opinion about Wheaton, and that is that he is a pitiful scoundrel."--_Ibid._, p. 417.]

Meanwhile, a sensation long foreseen by those in the Governor's inner circle, was about to be sprung. Yates was not a man to be rudely thrust out of office. He knew he had blundered in opposing an electoral law, and he now proposed giving the Legislature another opportunity to enact one. The Regency did not believe there would be an extra session, because, as Attorney-General Talcott suggested, the power to convene the Legislature was a high prerogative, the exercise of which required more decision and nerve than Yates possessed; but, on the 2nd of June, to the surprise and consternation of the Van Buren leaders, Yates issued a proclamation reconvening the Legislature on August 2. It was predicated upon the failure of Congress to amend the Constitution, upon the recent defeat of the electoral bill in the Senate, and upon the just alarm of the people, that "their undoubted right" of choosing presidential electors would be withheld from them. Very likely, it afforded the Governor much satisfaction to make this open and damaging attack upon the Regency. He had surrendered independence if not self-respect, and, in return for his fidelity, had been ruthlessly cast aside for his less faithful rival. Yet his purpose was more than revenge. Between the Clintonian prejudice against Tallmadge, and the People's party's hatred of Clinton, the Governor hoped he might become a compromise candidate at the Utica convention. The future, however, had no place for him. He was ridiculed the more by his enemies and dropped into the pit of oblivion by his former friends. Nothing in his public life, perhaps, became him so well as his dignified retirement at Schenectady, amid the scenes of his youth, where he died at the age of sixty-nine, leaving a place in history not strongly marked.

Yates' extra session lasted four days and did nothing except to snub the Governor and give the eloquent Tallmadge, amidst tumultuous applause from the galleries, an opportunity of annoying the Regency by keeping up the popular excitement over a change in the choice of electors until the assembling of the Utica convention. As the days passed, the sentiment for Clinton became stronger and more apparent. Thurlow Weed, travelling over the State in the interest of Tallmadge, found Clinton's nomination almost universally demanded, with Tallmadge a favourite for second place. This, the eloquent gentleman peremptorily refused, until an appeal for harmony, and the suggestion that Adams' election might open to him a broader field for usefulness than that of being governor, produced the desired change. Probably Tallmadge felt within himself that he was not destined to a great political career. In any case, he finally accepted the offer with perfect good humour, giving Weed a brief letter consenting to the use of his name as lieutenant-governor. With this the young journalist arrived at Utica on the morning of convention day.

There were one hundred and twenty-two delegates in the convention, of whom one-fourth belonged to the People's party. These supported Tallmadge for governor. When they discovered that Tallmadge's vote to remove Clinton had put him out of the race, they suggested John W. Taylor; but a delegate from Saratoga produced a letter in which the distinguished opponent of the Missouri Compromise declined to become a candidate. This left the way open to DeWitt Clinton, and, as he carried off the nomination by a large majority, with Tallmadge for lieutenant-governor by acclamation, many representatives of the People's party walked out of the hall and reorganised another convention, resolving to support Tallmadge, but protesting against the nomination of Clinton--"a diversion," says Weed, "which was soon forgotten amid the general and pervading enthusiasm."[233]

[Footnote 233: _Autobiography of Thurlow Weed_, p. 120.]

The election of governor in 1824 passed into history as one of the most stirring ever witnessed in the State. In a fight, Samuel Young and DeWitt Clinton were at home. They neither asked nor gave quarter. There is no record that their fluency or invective did more than add to the excitement of the campaign; but each was well supplied with ready venom. Young was rhetorical and dramatic--Clinton energetic and forceful. People, listening to Young, rocked with laughter and revelled in applause as he pilloried his opponents, the ferocity of his attacks being surpassed only by the eloquence of his periods. With Clinton, speaking was serious business. He lacked the oratorical gift and the art of concealing the labour of his overwrought and too elaborate sentences; but his addresses afforded ample evidence of the capacity and richness of his mind. In spite of great faults, both candidates commanded the loyalty of followers who swelled with pride because of their courage and splendid ability. The confidence of the Regency and the usual success of Tammany at first made the friends of Clinton unhappy; but as the campaign advanced, Young discovered that the Regency, in insisting on the choice of electors by the Legislature, had given the opposition the most telling cry it could possibly have found against him; that the popular tumult over Clinton's removal was growing from day to day; and that his opponents were banded together against him on many grounds and with many different purposes. Two weeks before the election, it was evident to every one that the Regency was doomed, that Van Buren was disconcerted, and that Young was beaten; but no one expected that Clinton's majority would reach sixteen thousand,[234] or that Tallmadge would run thirty-two thousand ahead of Erastus Root. The announcement came like a thunderbolt, bringing with it the intelligence that out of eight senators only two Regency men had been spared, while, in the Assembly, the opposition had three to one. In other words, the election of 1822 had been completely reversed. Clinton was again in the saddle.

[Footnote 234: DeWitt Clinton, 103,452; Samuel Young, 87,093.--_Civil List, State of New York_ (1887), p. 166.]

Samuel Young's political fortunes never recovered from this encounter with the illustrious champion of the canals. He was much in office afterward. For eight years he served in the State Senate, and once as lieutenant-governor; for a quarter of a century he lived on, a marvellous orator, whom the people never tired of hearing, and whom opponents never ceased to fear; but the glow that lingers about a public man who had never been overwhelmed by the suffrage of his fellow-citizens was gone forever.