A Political History of the State of New York, Volumes 1-3

by De Alva Stanwood Alexander

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.

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]

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.