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LIFE 
 
 /JO 
 
 OF A^^,^^ 
 
 MARTIN VAN BTJREN, 
 
 BY 
 
 THOMAS ]\r E L H 1 N E Y 
 
 PITTSBURGH: 
 
 PRINTED BY J. T. 5HRY0CK, BOOK AND JOB PRINTER, 29 Fli'TH ST. PITTSBURGH. 
 
 1853. 
 
^\H 
 
 Entered according to Act of Congress, in the tear 1853, 
 
 By THOMAS M'ELHINEY, 
 
 IN THE Clerks Office of the District Court of the Western District 
 
 OF Pennsylvania. 
 
LIFE OF MARTIN VAN BUREN. 
 
 TnE Ancestors of Martin Van Buren, on the side of both 
 father and mother, were among the early emigrants from Holland, 
 to that part of this Continent now forming the State of New York. 
 The family have always resided iii the old settlement, or town of 
 Kinderhook, in Columbia county, on the east bank of the Hudson 
 river. Abraham Van Buren, the father of the President, was a 
 farmer in moderate circumstances, an upright and an intelligent 
 man, whose virtuous conduct and amiable temper, enabled him (as 
 such qualities are apt to do) to pass through a long life, almost 
 without contention or controversy. His mother was a woman 
 remarkable for her good sense and agreeable manners. She 
 was twice married, Mr. Van Buren being her second husband. 
 They both attained advanced ages; the father died in 1814, and 
 the mother in 1818. The mother of Martin Van Buren was a 
 distant relative of his father. Martin Van Buren is the oldest son 
 of these parents ; he had two full brothers, and two full sisters. 
 
 Martin Van Buren was born at Kinderhook, December 5, lY82. 
 At an early age he exhibited sucli strong indications of a superior 
 intellect, that his family determined to educate him for the bar. 
 After acquiring the rudiments of an English education, he became 
 a student in the Actidem}'-, in the town in which he was born. Ho 
 there made a good deal of progress in the various branches of a 
 primary English education, and acquired some knowledge of Latin. 
 He left the Academy at fourteen years of age, to begin the study of 
 the law. At that early period ho exhibited a .strong desire for 
 extempore speaking and written ooraposition. Even at that age, 
 he possessed a capacity for observing and understanding public 
 events, and the dispositions and characters of those around liim; 
 which rendered it certain to all correct observers, that, with proper 
 opportunities, he would become one of the greatest statesmen and 
 politicians of the age. I have no doubt that his powers of observ- 
 ing the dispositions and characters of men, were more acute during 
 that period of his life, between fourteen and twenty four, than at 
 
4 
 
 any subsequent period; for this most satisfactory reason, tliat long 
 continued and extensive reading has the effect of stuffing the mind, 
 and blunting the acuteness of its perceptions with regard to the 
 private dispositions and motives of men. 
 
 The fondness of Mr. Van Buren for extempore speaking and 
 ■written composition, doubtless arose in part from an ambitious 
 desire of display. It so happens, that tlie ability to make 
 speeches, and to frame writtten compositions, is created in most 
 minds, if not in all minds, by extensive reading, particularly law 
 reading. It is more than probable that Mr. Van Buren, for the 
 first time in his life, felt conscious of his ability to make extempore 
 speeches, and to frame literary compositions, and was anxious to 
 display his newly acquired powers. Let no man who possesses a 
 clear, acute and powerful mind, imagine that the ability to frame 
 literary compositions in prose, and to make speeches, is beyond his 
 reach; he may rely upon it, that by extensive reading, and a little 
 practice, he can acquire one or both of these capacities. This fact, 
 however, is not generally known; and the great mass of mankind 
 imagine that there is something unusual and extraordinary in the 
 faculties of a man who can make a speech of one or two hours in 
 length. The experience of the profession of the law has shown, 
 that a man who cannot acquire that ability, by extensive law read- 
 ing, is an exception to the general rule. 
 
 It is almost impossible to convince some men that they can 
 acquire this capacity. They take a calm and philosophical view of 
 their faculties, and they cannot imagine how it is possible to pro- 
 duce so singular a revolution in their minds. They are apt to 
 imagine that they are exceptions to the rule ; perhaps they have 
 found, after repeated trials, that it is impossible for them to express 
 their sentiments with fulness and force, either in speaking or wri- 
 ting. Let no man, who feels conscious of a power of thinking and 
 reasoning in his own mind, ever doubt that by pursuing the course 
 indicated, he can acquire an ability to lay his thoughts and reason- 
 ings, in a becoming shape, before the world, either by speaking or 
 writing. He will not only acquire a power of speaking and writing, 
 but will finally acquire a grace and beauty of style, of which he 
 thought his faculties entirely incapable. 
 
 Men who require much time for reflection, cannot see how it is 
 possible to collect and arrange their thoughts for an extempore 
 speech. I have known m(>n wh(> would reflect for a week or a month 
 
on one subject, to make approved orators, and to be regarded by the 
 multitude as possessing remarkable natural faculties for extempore 
 speaking, and who could not, before they had read law for several 
 years, have made a coherent speech of five minutes in length. 
 Any man who has reasoning powers, possessing any ordinary degree 
 of activity, no matter whether his capacity is great or small, can, 
 by the course indicated, acquire the capacity I have mentioned. A 
 great statesman has said — "A man must be boi*n a poet, but must 
 study to be an orator." 
 
 Young persons, when they first acquire the powers of extempore 
 speaking, and of penning written compositions, are much more 
 likely to undertake the task of instructing their fellow citizens, 
 than at any subsequent period of their lives. There can be no 
 doubt that Mr. Van Buren was always an useful instructer ; and if 
 his object was ambitious display alone, one might well excuse such 
 a wish, on the part of a young man, to lay before an admiring 
 world the workings of so extraordinary an intellect. Fourteen 
 years may appear to be a very early period at which to commence 
 the study of the law ; yet when we consider the fact, that a great 
 mind, like that of Mr. Van Buren, is so well developed at fourteen, 
 as to be capable of understanding the law, and then consider the 
 vast extent of the law, it would be difficult to fix on a more 
 appropriate time at which to commence. It requires at least ten 
 years of judicious and diligent reading, to become a really good 
 lawyer ; and twenty years judicious and diligent reading, to become 
 a thoroughly read lawyer. It is all true, that Mr. Van Buren might 
 have occupied several years more of his life, with profit and 
 advantage, in acquiring general scientific and historical knowledge; 
 that knowledge, however, can be acquired equally well, and with 
 more convenience, during the intervals of a professional life. The 
 course pursued by Mr. Van Buren had this decided advantage; 
 that, at an early period in life, he was a well read lawyer, and enti- 
 tled to the confidence of the community as such. The period of 
 study required of Mr. Van Buren was seven years. 
 
 Mr. Van Buren commenced the study of the law in the office of 
 Francis Sylvester, Esq. a respectable lawyer of Kinderhook. Law 
 students were frequently employed, at that time, in the manage- 
 ment of cases, in courts held by justices of the peace. The great 
 ability exhibited by Mr. Van Buren as a reasonor, caused him to 
 be employed very often in trials in those courts. 
 
6 
 
 Ilis father was a whig in the Revohition, and a democrat during 
 the administration of John Adams. Martin Van Buren formed his 
 most intimate connexions with persons of the same political party. 
 This was abundantly sufficient to give his mind a democratic bias, 
 up to fourteen or fifteen years of age. The democratic party was 
 then in a small minority, in the town and county in which he was 
 born. At fifteen years of age, such an intellect as that of Mr. 
 Van Buren would have emancipated him from all other influences, 
 except the dictates of his own mind. It is more than probable 
 that, even at that early period in life, he took a self-possessed, 
 comprehensive and statesman-like view of the political arena, and 
 clearly foresaw the rise and progress of the democratic party. That 
 he did so before he attained seventeen years of age, I feel very 
 confident; and I feel equally confident, that his comprehensive and 
 statesman-like views, and the reflective character of his mind, and 
 his calmness and self-possession, enabled him to foresee, and to 
 anticipate, and to picture to his mind the highest success he ever 
 met with, at the bar, or as a politician ; and I think it very probable, 
 that from the start, he kept his eye steadily on the Presidency, as 
 the ultimatum of his ambition, and the crowning glory of his hopes 
 of fame. He showed by his anxiety for a re-nomination and re- 
 election, in 1844, how high a value he placed on that position, and 
 how ardently he desired to wear the purple for as long a time as 
 the most illustrious of his predecessors. 
 
 When Mr. Van Buren was a young man, tlie people generally 
 really selected, to hold the highest stations, the men who were most 
 remarkable for ability and integrity; and what could be more nat- 
 ural, than that a young man of an ardent and ambitious nature, 
 conscious that he possessed an intellect of the highest order, should 
 anticipate that, by industry and good management, he might attain^ 
 and probably would attain to the highest ofiice in the republic, and 
 send his name down to posterity, covered with a glory like that 
 which surrounds the names of Marcus Aurelius and Julian. His 
 ambitious mind, and ardent imagination, would draw glowing pic- 
 tures of the applauses which he would receive from his countrymen 
 and the world, during life, and of the positions which he would 
 occupy on the pages of some future Plutarch or Gibbon. 
 
 Some of the friends of Mr. Van Buren claim for him a disinter- 
 ested, self-sacrificing spirit as a politician, to which, I am persuaded, 
 he cannot lay any just claim. Great exertions are said to have 
 
been made, by those friends who were most likely to have influence 
 with him, to withdraw him from the support of the democratic 
 party, because they regarded his support of that party as inimical 
 to his professional and political success; and to unite him to 
 the federal party, as afiording a much fairer prospect of success, 
 both professionally and politically. Mr. Van Buren is said to have 
 devoted himself to the support of the principles of the democratic 
 party, notwithstanding, with a moral heroism worthy of ancient 
 Rome. We shall examine the justice of this claim. 
 
 It is very probable that he chose to unite with the democratic 
 party from conviction; yet it is manifest, that between 1796 (at 
 which period he was fourteen years of age) and 1800, when John 
 Adams was defeated by Jefferson, he clearly foresaw the triumphant 
 success of the democratic party. During that period Mr. Van 
 Buren, although a minor, frequently attended democratic meetings; 
 and at eighteen years of age was selected to attend a convention 
 of delegates, to nominate a candidate for the legislature. On sev- 
 eral other occasions, during his minority, he received similar ap- 
 pointments from his democratic fellow citizens ; in fact, he appears 
 to have been at that time an active working member of the party. 
 
 Mr. Van Buren's political course through life, has demonstrated 
 to my mind, that he does not possess the moral heroism necessary to 
 seek or incur the risk of political martyrdom. Could he have seen 
 no other way to professional and political success, except by uniting 
 with the federalists, it would be impossible to convince me that he 
 would not have adopted that course. Although the great mass of 
 the people were probably republican in their principles, the instincts 
 of a large majority of them were strongly conservative; and those 
 instincts were only overcome in the minds of the people by the 
 prestige which the French Revolution, and the glorious victories of 
 the French republican generals, gave to the democratic, infidel and 
 social doctrines of her philosophers; which, unhappily for the 
 country, were extensively adopted by the politicians and people of 
 those days. The democratic party sided with France, in the contest 
 which she was waging with England, at that time. The federalists 
 took the English side of the question. 
 
 The causes which I have mentioned, gave so great an impulse to 
 the democratic party, that they succeeded in expelling the federal- 
 ists from power. It is a subject well worthy of the consideration 
 of the philosopher and the statesman, to observe the effects produced 
 
8 
 
 on independent nations by the examples of one another. The 
 example of the American Revolution produced the great French 
 Revolution, which first followed that event. We then observe the 
 victories of the French republican generals giving such an impulse 
 to the democratic party in the United States, as to enable that 
 party completely to overwhelm their federal adversaries. Finally, 
 the singular alacrity with which our citizens volunteered to serve 
 as soldiers in Mexico, and the brilliant victories which they gained 
 over the Mexicans, gave so strong an impulse to republican doc- 
 trines, that it overthrew the French Monarchy in 1848. The 
 conduct of our citizens, during the Mexican war, was the remote, 
 if not the immediate cause of nearly all the late revolutions in 
 Europe, at least of those revolutions which made movements to- 
 wards popular self-government. 
 
 The philosophers of the French Revolution were infidels, and 
 believed in the perfectibility of man ; a doctrine utterly inconsistent 
 with the christian religion, and, as the history of the world has 
 clearly shown, both before and since that period, utterly inconsist- 
 ent with human nature. With the most unbounded professions of 
 liberty, fraternity, and brotherhood, they gave us a practical exam- 
 ple of the most horrid tyranny, treachery and cruelty ever exhibited 
 by civilized men. I very much question, whether a statesman 
 possessing the practical good sense and worldly wisdom of Mr. 
 Van Buren, ever really believed in the perfectibility of man. Al- 
 though many good christians belonged to the democratic party, it 
 must be admitted, that a large portion of the leaders were infidels ; 
 and it is a fact well worthy of note, that this very infidelity, which 
 they supposed removed all prejudices from their minds, and enabled 
 them to form unbiassed judgments with regard to the workings of 
 human nature, both morally and politically, misled them most 
 grossly on those subjects. 
 
 Whatever may be thought of the measures of the federalists, 
 and of the measures of the democrats, no discriminating mind 
 can read the political speculations of tlie great founders of the two 
 parties, without observing how immeasurably the federalists excelled 
 the democrats in knowledge of the world and in knowledge of hu- 
 man nature. The federalists did not believe in the perfectibility of 
 man; and no well informed and safe statesman, with the experience 
 of the last seventy years before him, will ever for a moment seri- 
 ously entertain so silly a doctrine. That men arc capable of g;i'eat 
 

 
 improvement, both morally and politically, I fervently hope and 
 confidently believe; but improvement and perfectibility are very 
 difterent matters. 
 
 It is curious to contrast the writings of Paine "with a work by a 
 French traveller in the United States — De Toc(|ucville. It is wor- 
 thy of remark, that the minds of Paine and De Tocqueville are of 
 similar calibre ; they both possess the same kind of philosophic and 
 logical reasoning powers. De Tocqueville was a most acute and 
 accurate observer of the state of society, both morally and politi- 
 cally, in the United States, and of the natures of men; he, however, 
 does not possess the capacity of a statesman, and his views on 
 government and on public policy are neither profound nor just. 
 Paine predicted, with the most enthusiastic benevolence, that the 
 people, wheii left free to choose their representatives by universal 
 suffrage, Avould always select the most able and upright men for high 
 places. De Tocqueville, in travelling through the United States, 
 about fifty years afterwards, declared that he found everywhere 
 men of superior intellect and high characters, but that they were 
 systematically excluded from high places by the people, and prece- 
 dence given to knaves and simpletons ; because such men, when 
 placed in high positions, do not excite the envy of their fellow 
 citizens. The result shows how completely the founders of the 
 democratic party were mistaken as to the course which the great 
 mass of the people would pursue, when entrusted with the elective 
 franchise, and with the power of selecting nearly all their officers. 
 
 De Tocqueville remarks with great truth, that whatever may be 
 the tendencies of our institutions, to bring forward great men, is 
 not one of them. For several years after the Revolution our gov- 
 ernment worked well, both in theory and in practice, so far as 
 bringing great men forward was concerned, f The great men of the 
 present day, however, might well exclaim to those who preach the 
 doctrine of t\u\ infallibility of the people, in the language of. some 
 Indians to whom blankets were promised by a faithless agent — "Ah^ 
 sir, your words warm our hearts, but not our backs." 
 
 I think it proltable, that as a whole, Mr. Van Buren preferred 
 the doctines of the democratic party to the doctrines of the federal 
 party; but that he agreed with the democratic i)ai'ty in all their 
 doctrines, is not at ail prol)able; this, however, would be no just 
 disparagement to Mr. Van Buren as a party man, or as a sound and 
 orthodox democrat; neitiier would it afford any just ground to 
 
10 
 
 question his sincerity. A little philosophic reflection, one would 
 naturally suppose, ought to be sufficient to satisfy all thinking minds 
 of the justice of this remark; for no two minds, that really think 
 and reason for themselves, unbiassed by the opinions of others, ever 
 think and reason exactly alike on any question ; they may come to 
 precisely similar conclusions on one question, or on many questions, 
 but if they really think and reason for themselves, they invariably 
 reach those conclusions by a somewhat different process of reason- 
 ing. It may be almost impossible to find a man who, on all 
 occasions, literally thinks and reasons for himself, wholly unbiassed 
 by the opinions of others ; but on political questions we certainly 
 have vast numbers of people who think and reason for themselves 
 unbiassed by the opinions of others, to an extent to which they 
 do not venture to give utterance. It may be necessary for party 
 purposes, and for the purpose of carrying some great measures, to 
 require candidates and political leaders to comply with the leading 
 doctrines of the party; this, however, might be done, and yet they 
 might be indulged in a much more ample liberty of speech and of 
 action than at present. 
 
 De Tocqueville talks a good deal about the tyranny of public 
 opinion in the United States. According to his allegation, on those 
 subjects on which there is a decided and well known popular bias, if 
 our citizens express opinions at all, they are so framed that a stran. 
 ger would suppose that the minds of the whole community were 
 formed in one mould. He alleges, however, that when they find 
 themselves in the presence of a person who is not likely to expose 
 their sentiments, they express very different opinions. It is true, 
 that the great political parties abuse each other with much violence ; 
 but the members of those parties do not venture to discuss the 
 measures of their own parties, or the characters of the political 
 leaders of their own parties, with becoming freedom. 
 
 We should make an effort to get rid of this most disgraceful 
 tyranny. It prevents the advancement of political science and 
 knowledge. A very ample latitude ought to be allowed in conver. 
 sation, and in written and printed discussions. In their private 
 intercourse with their fellow citizens, the people ought to be allowed 
 to discuss, with entire freedom, public measures and the characters 
 of public men; and an indulgence of those liberties ought never to 
 be visited by expulsion from the party, in any instance,°or exclusion 
 from the nominations of the party, except where it is evident the 
 
11 
 
 individual will not support the men and measures of the party. 
 Unless the liberties which I have suggested should be allowed, we 
 virtually lose the value of our great and cultivated intellects. If 
 such men do not express their real sentiments, we not only lose the 
 value of their learning and ability, but instead of being useful 
 instructors to the people, they use their powers and acquirements 
 for the purposes of misleading and deceiving them, greatly to then- 
 injury, and to the detriment of public morality. There might be 
 some wisdom in silencing knaves and simpletons; indeed, it would 
 tend greatly to the good order of society if that could be done, in 
 the newspapers and in public meetings. That class of men, how- 
 ever, evidently figure, in overwhelming numbers, in the newspapers 
 and in public meetings, at the present day. 
 
 Unless public attention is drawn to the subject, the people will 
 not readily perceive how utterly valueless the highest Tntellectual 
 powers, even when thoroughly cultivated, may become to the pub- 
 lic, when their possessors, instead of employing those powers and 
 acquirements for the purposes of instructing and enlightening the 
 community, only employ them for the purposes of framing hypo- 
 critical opinions and sentiments, which they suppose to be in unison 
 with the popular clamors of their party, or in unison with the opin- 
 ions and wishes of som^e other power, from whom they hope to 
 obtain support or favors. In reading the speeches of many of our 
 public men, they leave an impression, in fact, a feeling of distress 
 on my mind, as though hypocrisy were riding all their thoughts like 
 a night-mare. One fact has often struck my attention, that, not- 
 withstanding the violence with which parties administer personiiil 
 abuse to the candidates of the adverse party, the stump orators 
 often, and the political journals almost always, confine themselves to 
 falsehoods, although true statements could be made, and are within 
 the knowledge of those editors and orators, with regard to the 
 private characters of most of those candidates, which would be 
 much more effectual in destroying their chances of success, than 
 the falsehoods they so freely use. There is a reason for this course 
 which may not appear at first to the naked eye. Those orators and 
 editors, almost always expect to be candidates themselves, and they 
 feel conscious that their own characters would not stand the scrutiny 
 of truth. So they really appear to have come to a tacit understan- 
 ding with one another, to avoid making true charges; well knowing, 
 that if they were to do so, rctaliaxion would soon sweep themselves 
 
12 
 
 from the political stage. I think it very prohable, that this prac- 
 tice does not exist in some parts of the United States, particularly 
 in our large cities. 
 
 The editors in our large cities, are seldom candidates for offices ; 
 and those circumstances may serve, in some measure, to account 
 for the difference. I venture to say, that if a man of really pure 
 character, and high qualifications, were to be selected as the candi- 
 date of either party, he would be assailed with far more violence 
 than the veriest vagabond ; and he might consider himself fortunate 
 if many of those who ought to defend him on such occasions, did 
 not secretly enjoy those attacks. When people find that such 
 charges are generally false, they conclude that it is most prudent 
 to disbelieve the whole of them. The abuse is entirely ineffectual ; 
 except for the purpose of raising smoke, by which the characters of 
 the leading politicians are concealed from the public vieAv. There is 
 no question, that ^Ir. Van Buren's activity as a politician during his 
 minority, was much stimulated by a desire to ingratiate himself 
 Y.-ith what he clearly foresaw would be the great popular party of 
 the country. Mr. Van Buren passed the last year of his studies for 
 admission to the bar, in the office of William P. Van Ness, in the 
 city of New York. Mr. Van Ness was a native of Columbia county 
 but at that time an eminent member of the bar, in the city of New 
 York, and a prominent leader of the Democratic party. In this 
 situation, Mr. Yan Buren had a good opportunity for improvement, 
 of which, it is scarcely necessary to add, his industry and ability 
 enabled him to make a good use. 
 
 Mr. Yan Ness, was a warm friend of Col. Aaron Burr, then 
 Vice President of the United States; and in the controversy which 
 arose after the Presidential election, between the friends of the 
 President and the friends of the A^'ice President, Mr. Van Ness 
 espoused the cause of Col. Burr, and sustained him with zeal and 
 ability. While in the office of this gentleman, Mr. Van Buren 
 attracted the attention of Col. Burr, who was induced by the in- 
 stincts and impulses of a noble and generous nature, to use every 
 reasonable effort to gain his good opinion. He was doubtless aware 
 of the great ability of the young lawyer, and felt for him the noble 
 and generous warmth of a kindred spirit. It is also more than 
 probable he was not insensible to the policy of securing the friend- 
 ship of so promising a young man. 
 
 The chnractor of Col. Burr is very little understood by the world. 
 
13 
 
 The quarrel of bis friends with the friends of Mr. Jefferson finally 
 turned the whole organization of the democratic party against him; 
 the general hostility of the federal party was much aggravated by 
 his unfortunate duel with Gen. Hamilton; finally, his attempt to 
 raise an expedition for the conquest of Mexico, (which was regarded 
 by the great mass of the nation as treason,) drew on him the de- 
 nunciations of all parties. When we add to those causes of offence 
 a private vice, which he carried to a most lamentable and provoking 
 extent, we need not be surprised if few have been found willing to in- 
 cur the danger of public odium by doing justice to his good qualities. 
 As a soldier no one could excel him in enterprising bravery; 
 he united with a most ardent ambition a noble pride and generosity 
 of soul, such as seldom fall to the lot of man. In private life his 
 kindness and generosity were admirable. His slight regard for 
 moral principles, however, and his habit of surrounding himself with 
 scamps and vagabonds, rendered him a very unsafe and dangerous 
 statesman. Yet it is impossible for a discriminating mind to avoid 
 admiring his noble and generous qualities as a man, and the manly 
 fortitude with which he bore his misfortunes. Were it not for his 
 deficiency in moral principles he would have possessed greatness of 
 soul in the highest degree. Incorruptible integrity is, however, to 
 my mind, an essential ingredient in true greatness of soul. The 
 warmth, ardor, kindness and generosity of Col. Burr's nature are 
 very evident in his private letters; his thoughts literally breathe; 
 they cannot fail to inspire the reader, who has a discriminating 
 mind and a generous heart, with a feeling of love and kindness 
 for the man. 
 
 It was my intention to pass over the great social vice of Col. Burr, 
 without further notice ; but, on reflection, I have concluded that the 
 reuder would not form a correct idea of his character, without some 
 additional c<">mraents. He descended from a noble fiiraily, inher- 
 ited a fortune, and was educated among the aristocracy of his day. 
 Public opinion, among the young men of the aristocracy, in nearly 
 every country in Europe, and in our own country, stimulated them 
 with a species of chivalrous desire to distinguish themselves by the 
 seduction of young and beautiful women. We have already had 
 occasion to notice the remarkably sensitive pride and ambition of 
 Col. Burr ; we have also had occasion to notice his warm and strong 
 passions. Now, when we consider that he possessed a very graceful 
 and a very handsome person, eminently calculated to inspire the 
 
14 
 
 passion of love in the breasts of women, and also possessed talents 
 and acquirements of the highest order, united to the most fascina- 
 ting wit and agreeable manners, and withal enjoyed worldly success 
 and prosperity of the most attractive character, ought we to be 
 surprised that many of the more frail and beautiful of the sister- 
 hood surrendered their hearts to one so attractive, and frequently 
 conferred on him the last favor? 
 
 Before we condemn Col. Burr too harshly, for his indulgences in 
 that way, let us deliberately inquire how many young officers of the 
 army, in the enjoyment of health, and strength, and worldly pros- 
 perity, would have wholly resisted such temptations. It is very 
 evident that his physical and mental desires in that way, were of 
 the warmest and strongest character. His mind evidently gloated 
 with delight over the recollection of such enjoyments, and over the 
 anticipation of such enjoyments; and he has left us indubitable 
 evidence that his successes and enjoyments in that way afforded a 
 high degree of gratification to his pride and his ambition, as well 
 as to the warmth and generosity of his heart. The candid reader, 
 although he cannot avoid condemning such immoral sentiments and 
 aspirations, will be obliged to confess that there is nothing so very 
 unnatural in such feelings. 
 
 It is said that he managed to retain the devoted love of his vic- 
 tims through life. How he managed that is a mystery to me ; 
 perhaps he managed to persuade them that he loved them with the 
 most intense affection, and Avould marry them if it were in his 
 power to do so. One thing I do know; that women entertain 
 feelings of the most intense and dangerously revengeful hatred 
 towards men that they have loved and who have declined to marry 
 them. Perhaps if they had granted the last favor, it might have 
 mollified their feelings in that way ; of that, however, I entertain 
 great doubts. We have authentic accounts of many examples, in 
 which women have taken the most vindictive and bloody vengeance 
 on ardently beloved seducers. 
 
 Nearly all men and women labor under a great delusion, with 
 regard to the effect of disappointed love. A man scarcely ever 
 forgives a woman who has disappointed him in that way, and women 
 still less frequently forgive men who have disappointed them in love. 
 Yet a woman will indulge in self-loving dreams of kindness and affec- 
 tion for those she has disappointed, vainly and delusively imagining 
 that they still entertain feelings of admiration and afiection for her; 
 
15 
 
 and a man -will entertain similar feelings and thoughts towards the 
 sweethearts that have loved him, and that he has disappointed. Oh, 
 simpletons! if you have a just regard for your safety, never place 
 yourselves in the power of either man or woman that you have dis- 
 appointed in that way. Such delusive feelings and thoughts are 
 very natural to the human mind and heart, and probably few people, 
 if any, would ever think otherwise, unless taught by experience or 
 enlightened by the information of those better informed on the 
 subject. 
 
 I am inclined to think that Col. Burr's victims were gene- 
 rally of a very frail character; and I suspect it was this vice which 
 undermined his moral principles, and brought him into the society 
 of scamps and vagabonds, who, notwithstanding his great ability as 
 a lawyer and politician, continued to cheat him in private matters 
 to the close of his life ; a result which shows clearly, that on this, 
 his weak point, his mind was incapable of perceiving its true inter- 
 ests. How much more amiable and admirable would have been the 
 character of Col. Burr, had he avoided this vice and the society 
 and errors into which it naturally led him. It was the cause of his 
 disappointment in not obtaining the great object of his ambition — 
 the Presidency. For Gen. Hamilton and the federalists would 
 probably have elevated him to that station, had they not been de- 
 terred from doing so by the scamps and vagabonds who surrounded 
 him. Gen. Hamilton urged the federalists to vote for Jefferson 
 instead of Burr, for that reason. 
 
 Had he been faithful and true to his Theodosla, or some other 
 equally virtuous and excellent wife, how much more charming a 
 theme her devoted love and affection for him would have been for 
 the historian and biographer, and for the contemplation of the lover, 
 than the ardent attachments of his polluted mistresses — and how 
 different would have been the effect on his own worldly prosperity 
 and happiness? In the first place, there is scarcely a doubt but that 
 he would have become President, and to a man of his ambitions' 
 mind such an elevation would have afforded the highest gratification. 
 In the next place, the fortune which he Inherited and his great suc- 
 cess at the bar, would have enabled him to accumulate a large fortune. 
 He would probably have lived to a good old age, surrounded by all 
 the comforts which wealth and dignity of station could bestow. 
 But that is not all; it would scarcely be possible to find in a gene- 
 ration a man so well calculated to excite the love and admiration of 
 
16 
 
 mankind, and of womankind also, by his many amiable and excellent 
 qualities, in private life. 
 
 He raised his reputation to the highest pitch for political ability 
 and sagacity, by the manner in which he conducted the political con- 
 test which elevated Mr. Jefferson to the Presidency and himself to 
 the Vice Presidency. As a soldier he has acquired the reputation 
 of being an admirable disciplinarian, and he appears to have intro- 
 duced the discipline of the army into the democratic party. One 
 of his doctrines appears to have been, that a small number of lead- 
 ers should think and reason for the masses; and that the masses of 
 the party should be required to obey the organized leaders of the 
 party, without consideration or reflection. If Col Burr and the 
 great democratic leaders of his day were really the founders of the 
 strict party discipline, which we have witnessed for so many years 
 in the Republic, I think we might be very safe in concluding, that 
 if they had a fault, that fault was not too great a reUance upon the 
 intelligence of the people. 
 
 The force of party discipline, was strongly exemplified in 1844 
 by the Democratic party, in the nomination of a man for the Pres- 
 idency of mediocrity intellect, who could not have procured twenty 
 delegates to the National Convention, had his claims been brought 
 before the people, previous to the nomination by that convention. 
 It is very probable that he could not have procured a solitary dele- 
 gate to that convention ; and yet the party not only submitted, but 
 worked with as much zeal and fidelity., as though he had been their 
 choice, also, in their primary assemblies. It is greatly to be hoped 
 that our political leaders have practically, as thoroughly repudiated 
 the doctrines of the infidel philosophers, with regard to the immor- 
 tality of the soul, as they have practically repudiated their doctrines 
 with regard to the infallibility of the human reason and the perfec- 
 tibility of man. 
 
 Men who have shown themselves such gross simpletons witli 
 regard to human nature, and the affairs of this world, cannot bo 
 very safe guides with regard to the Avorld to come. I know their 
 religious theories agree most admirably with the natural reason of 
 man. Their political theories, however, harmonize equally well with 
 the natural reason of mm. But what are the results when they are 
 reduced to practice? The results are almost invariably different from 
 those exi)0ctcil and predicted. The venders of quack nu'dicincs 
 appeal with equal force to natui-al reason. Nearly every science 
 
17 
 
 violates, and every scientific discovery violates in some things, the 
 conclusions of natural reason. With all those lights beforj them, 
 why should the philosophers insist with so much vehemence, that 
 natural reason, which is not an infallible guide in any other science, 
 should be taken as an infallible guide with regard to a future world, 
 and the immortality of the soul. 
 
 Mr. Van Buren was admitted to the bar in November 1803, being 
 then in his 21st year. He immediately returned to Columbia 
 county, and commenced the practice of the law, in partnership with 
 the Hon. James I. Van Allen, a half brother on his mother's side 
 and a man considerably his senior. Some of the most distinguished 
 lawyers, in the State of New York, practiced at that time at the 
 bar of Columbia county; among the number, were "Wm. W. Van 
 Ness, and Elisha Williams, the latter was said to be a very celebra- 
 ted jury lawyer, and was for several years the most prominent rival 
 of Mr. Van Buren, at the bar in the city of Hudson, to which Mr. 
 Van Buren afterwards removed. The Democratic party were gen- 
 erally successful in the elections in the State of New York, after 
 1800 ; but in the county of Columbia, the Federalists retained their 
 power. The industry and ability of Mr. Van Buren, are said to 
 have attracted the attention of the Federalists of Columbia County, 
 and unusual efforts are said to have been made to withdraw him 
 from the support of the Democratic party, on the ground, that a 
 union with the Federalists would be more favorable to his profes- 
 sional success. Mr. Van Buren is said to have resisted those temp- 
 tations, with Roman patriotism, virtue and firmness. He is said to 
 have been much persecuted by the Federalists in his professional 
 business. I very much question the truth of this charge of perse- 
 cution. His able competitors at the bar, were all, or nearly all 
 Federalists ; and most of them eminent and well established in their 
 profession, and it was not very likely the Federalists would abandon 
 such counsel, to employ so young a man, however able he might be. 
 It is very probable, that the activity of Mr. Van Buren as a pol- 
 itician, drew upon him the clamorous abuse of the Federalists of 
 Columbia County ; and it is more than probable, that the whole 
 story of his persecution had no other foundation. 
 
 The wealthy aristocracy of Columbia County, must have fallen 
 greatly below the magnanimity, generosity and manliness of their 
 ancestors, if they could descend to the pittiful meanness and cruelty 
 of persecuting a poor young man in his profession as a lawyer* 
 
18 
 
 The story evidently received its principal support from the friendly 
 zeal of political partisans, anxious to exalt the merits of their friend. 
 If we are to credit the friends of Mr. Van Buren, the Federalists 
 •were very fully represented at the bar, by men the equals of Mr. 
 Van Buren, in legal ability, and his superiors in legal learning, and 
 ■svho enjoyed the additional most important advantage of being 
 thoroughly established in the practice. Under those circumstances, 
 the opening for Mr. Van Buren, appears most decidedly to have 
 been vrith the Democratic party. He became their political leader 
 and the champion of their legal rights. Whatever may have been 
 his real political convictions, I have no doubt, he clearly foresaw, 
 and firmly believed, that by continuing with the Democratic party, 
 he would place himself on the high way to professional and political 
 success 
 
 The characteristics of Mr. Van Buren's mind, render it certain 
 that he would conceal such thoughts, even from his most intimate 
 friends, and he doubtless encouraged the belief, on the part of those 
 (when compared with him) short sighted mortals, that he was willing 
 to sacrifice himself, like an old Roman, for the good of his country- 
 If the old Federalists had persecuted Mr. Van Buren, as they are 
 said to have done, it would require a good deal of reasoning to con- 
 vince me, that he would ever have forgiven them. When in the 
 height of his power, under the administration of Gen. Jackson, he 
 would have been but little disposed to give quarter to the many 
 worthy, and some unworthy Federalists, who flourished under that 
 administration. Instead of retaining or exhibiting ill feelings towards 
 them, he is well known, on a memorable occasion, to have protec- 
 ted one of the most distinguished of their number, from the javelin 
 of his enraged master. On the whole, I am inclined to think, Mr. 
 Van Buren entertained kind feelings towards the old Federalists, 
 from whom, I doubt not, he had often received those marks of con- 
 sideration so often conceded, and with so much grace and propriety 
 by an educated aristocracy, to young men of superior abilities and 
 honorable characters; and that too, at a time when such concessions 
 are most highly esteemed, when young men are first struggling fur 
 success and advancement in life. 
 
 Napoleon said, "the first applauses of the French people, sounded 
 to my cars, sweet as the voice of Josephine." Notwithstanding Mr. 
 Van Buieu's great industry, and great ability, if he had been really 
 assailed, as some of his friends allege he was. from the first start in 
 
19 
 
 his profession, as a lawyer, by nearly the whole of the wealthy and 
 business portions of the community, he could not have succeeded at 
 the bar. No man could succeed or even sustain himself at the bar 
 against such influences as the friends of Mr. Van Buren allege were 
 brought to bear against him. In our day, we would not think a 
 man very badly persecuted, by the aristocracy, who, in his thirtieth 
 year, should receive a majority of the votes of the freeholders of 
 the district in which he resided, for the State Senate. The free- 
 holders were the exclusive voters for the State Senate, at the time 
 when Mr. Van Buren was elected a member of that body. 
 
 It is worthy of remark, that the Democratic members of Congress 
 from New York, who gave a biographical sketch of Mr. Van Buren 
 in 1840, do not mention his persecution in early life, by the com- 
 bined forces of the landed aristocracy, and of the business commu- 
 nity. Mr. Van Buren soon became a match for the ablest of his 
 competitors ; his reasoning powers gradually improving and increas- 
 ing. It is interesting to observe the effects produced by law reading 
 and the trial of causes, in improving and developing the reasoning 
 powers. A young man of superior ability, on coming to the bar, 
 will frequently find himself defeated and foiled in arguments by 
 advocates, that in five or ten years more of industrious law reading 
 and practice, he will be able to excel with ease in argument. I 
 doubt whether the reasoning powers become fully developed with 
 less than twenty years of law reading, and a reasonable share of 
 practice. 
 
 Judging from the capacity of Mr. Van Buren, I should conjecture 
 that he must soon have excelled all except the very ablest legal in- 
 tellects in New York, and I presume, if all his qualities and qualifi- 
 cations are taken into consideration, he was soon a match for the 
 very best of them. The law is a system of rules and principles, 
 framed by statesmen and lawyers of great learning, ability and ex- 
 perience, for the government of mankind. We derive at least one 
 half of the rules and principles contained in our laws and in our 
 statutes, from the Romans, and the wisdom of a large portion of 
 those rules and principles has been attested by the experience of 
 more than two thousand years. I will here add, that we derive 
 nineteen twentieths of our laws and legal principles either from the 
 Romans or the English, and the wisdom of the greater part of that 
 portion of our laws and legal principles which we derive exclusively 
 from England, has been attested by the experience of at least one 
 hundred years. 
 
20 
 
 It has been truly stated, that after the Romans had ceased to 
 govern the world by their arms, they continued to govern the woild 
 by their reason. It was the custom of the Roman lawyers to put 
 their arguments in writing, and whenever the justice and equity of 
 an argument, were perfectly clear and conclusive, the Roman Judges 
 adopted it as the law ; the consequence was, that they succeeded in 
 forming what Lord Manstield has termed the most splendid system 
 of Avritten reason the world has ever knowrn. The practice of 
 adopting clear and conclusive arguments, is still continued in the 
 courts of England, and in the courts of the United States, when 
 they do not lead to a violation of the express provisions of statutes 
 or the long and firmly settled principles of the law. I deem it 
 proper to state here, that a large portion of that part of our laws 
 which we derive from the Romans, we receive through English juris- 
 prudence, and after English experience of its wisdom. The rules 
 and principles of the law, are scattered through so many books, and 
 constitute a system so extensive, that it requires twenty or twenty- 
 five years of the most intense and judiciously directed study, to 
 become a really great lawyer. Even then, that object cannot be 
 attained, without an acute, comprehensive and logical mind, of the 
 very highest order, possessing great strength of memory, and accu- 
 racy of judgment. 
 
 My Lord Coke, says, "reason is the life of the law, nay, the com- 
 mon law itself, is nothing but reason, which is to be understood of 
 an artificial perfection of reason, gotten by long study, observation 
 and experience, and not of every man's natural reason." The great 
 lawyers, who have presided in the English Court of Chancery, when 
 speaking of those cases which are entitled to the greatest weight, as 
 precedents often use language substantially, as follows, " the cause 
 was argued with great learning and ability, before a Judge of great 
 learning and ability, who decided it, after due attention to the sub- 
 ject." My Lord Coke, says, "our student shall observe, that the 
 knowledge of the law, is like a deep well, out of which, each man 
 drawcth, according to the strength of his understanding, he that 
 reacheth deepest, he seeth the amiable and admirable secrets of the 
 law." Men arc enabled to acquire a knowledge of the law, precisely 
 in proportion to the acuteness, clearness and comprehensiveness of 
 their minds, the strength of their memories, the accuracy of their 
 judgments, and the clearness and logical precision of their reason- 
 ing powers, and the extent and judiciously selected character of 
 
21 
 
 their law reading. Some people have adopted an idea, that men 
 of distorted and comparatively stupid minds, can bo taught to un- 
 derstand the law with certainty, in the same way that such minds 
 can be taught to understand the rules of arithmetic, or book-keeping, 
 or English grammar. This is a great error; the law cannot be 
 taught to such minds, to any such extent, or with any such clearness 
 and certainty, as would justly entitle them to the confidence of the 
 community. 
 
 The law resembles the science of logic, in which a man can only 
 become a proficient in proportion to the acuteness, clearness and 
 comprehensiveness of his mind, the accuracy of his judgment, the 
 strength of his memory, the clearness and logical precision of his 
 reasoning powers, and the extent of his information. In all legal 
 arguments, the intent and meaning of legal principles, the intent 
 and meaning of our constitutions, and bills of rights, the intent and 
 meaning of our statutes and acts of assembly, are almost invariably 
 matters of doubt and argument. Now, inasmuch as nearly all our 
 legal principles, constitutions, statutes and acts of assembly were 
 framed by intellects of the very highest order, for acuteness, clear- 
 ness, comprehensiveness, accuracy of judgment, strength of mem- 
 ory, logical clearness and precision of reasoning powers, and extent 
 of information, is it not a self-evident proposition, that intellects of 
 a similar caliber, similarly organized, with an equal amount of in- 
 formation, will more readily and clearly understand the intent and 
 meaning of the language, ideas, &c. used by men of similar minds 
 with themselves, shnilarly informed, than that their intent and 
 meaning should be understood by men of distorted and compara- 
 tively stupid intellects, or men of mediocrity intellects, wholly in- 
 capable, in many cases, of taking the same vie^vs, or views at all sim- 
 ilar on those subjects. 
 
 It is a natural law, as capable of being clearly ascertained as any 
 other natural law, that men whose minds are of a similar caliber, 
 similaidy organized, if equally informed, will reason very much alike 
 and think very much alike on the same questions. One would 
 naturally suppose, after a statement of the foregoing facts, that the 
 community would be sure to employ men of great learning and 
 ability to conduct their causes, and that they would give their 
 voices in favor of the elevation of men of great' learning and 
 ability to judicial and legal stations. But the people are so ill 
 informed with regard to the nature of the law, and with regard to 
 
22 
 
 lawyers, that they bestow at least one half of the practice of the 
 profession upon that portion of the bar, who, to say the least of it, 
 are clearly not the most capable of conducting the business for the 
 interests of their clients; and so far as judicial and legal stations 
 are concerned, the vox populi is, as a genei'al rule, given in favor 
 of the same individuals on whom the practice is bestowed. Under 
 our legal system, as at present organized, when a man goes to em- 
 ploy a lawyer, he is just about as likely to make a correct choice as 
 a man would be if he were taken blindfolded into a room containing 
 twenty or thirty persons, and he were desired to select some one of 
 them. 
 
 When the people observe that a lawyer has a great deal of law 
 business to do, they conclude that he is a good lawyer, and without 
 exercising their understandings on the subject, they employ him 
 because others do so. The people are particularly prone to employ 
 that class of lawyers as collectors, and for the purpose of settling 
 estates, drawing wills, &g. even when they are aware that their 
 learning and ability are not of a high order, under the impres- 
 sion that their claims are so clearly ascertained and just, and that 
 the path of duty is so clear and well known, that even such men 
 cannot mistake the course to be pursued. It is a fact well known 
 to the profession, that the practice is a very small matter, and has 
 very little to do Avith qualifying a man for an able discharge of his 
 duty as a lawyer. Without extensive and judicious reading, and 
 great ability, a man never can become a good lawyer, no matter 
 what the extent of his practice may be; but practice is everything 
 in the eyes of the people 
 
 It is a singular fact, that a judge, on retiring from the bench, 
 should not be thought worthy of confidence as a lawyer. It seems 
 it must bo a present practice, or it will not attract the confidence 
 and patronage of the masses. It would seem to be a proposition 
 too abstruse for the popularjmind, that such a man is not likely to 
 have forgotten the law. I take this occasion to inform that portion 
 of my readers who are not acquainted with the law, that there is no 
 branch of the law in which a difficult case may not arise ; and that 
 no one who is unacquainted with the law can form any just or 
 adequate conception whether the case is a clear and simple one, or 
 not; or know into what lawyer's hands it can with safety to the 
 party be placed. 
 
 The people have adopted another most erroneous notion, namely, 
 
23 
 
 that if the judge is a man of learning and ability, their causes will 
 be correctly tried, no matter what may bo the capacities and learn- 
 ing of the advocates. It is as absolutely essential to the just trial of 
 a cause, that the party should have a lawyer of great learning and 
 ability to prepare his cause for trial. If the proper preparation is 
 not made, a man may lose a perfectly clear and just cause ; for it is 
 no part of the duty or business of the judge to prepare his cause for 
 trial, and if the preparation is not made, and the proper testimony 
 is not adduced, he will assuredly lose it, no matter what the learn- 
 ing, ability and integrity of the judge may be. 
 
 So badly is the law administered in Pennsylvania at this time, 
 (and it is probable that it is not any better administered in New 
 York or the other States of the Union,) that it would be almost 
 impossible for any lawyer of learning and ability to spend a week 
 in any of our courts of general jurisdiction, without seeing some 
 one stripped of his property, or sent to the penitentiary, owing to 
 ignorance, incapacit}*, or a want of integrity on the part of hi3 
 counsel. Although our government possesses a very wise, just and 
 comprehensive system of laws, is it not manifest that those to whom 
 the laws are not accurately administered, although they nominally 
 live under that government, virtually live under a very different 
 system. It will strike the mind of every intelligent man as very 
 absurd, to talk about living under a just, wise and comprehensive 
 system of laws, when those laAvs are not correctly administered. 
 The law, it is true, with very few exceptions, is nothing but reason ; 
 but it is the reasoning of the most acute, comprehensive, logical 
 and learned minds, the accuracy of which has been shown by long 
 experience. , 
 
 The people labor under a great error, with regard to the practi- 
 cability of rendering the law more clear and definite by a codifica- 
 tion. If it were possible to employ the most acute, comprehensive, 
 learned and logical minds, possessing the greatest strength of mem- 
 ory, which our country or the world afibrds, they could not frame a 
 code of laws, the principles of which would be set out with as much 
 clearness, acuteness, comprehensiveness and logical precision as the 
 principles of the law are now set out with. It is true that men 
 express themselves with clearness, precisely in proportion to the 
 acuteness, clearness and comprehensiveness of their minds, the 
 strength of their memories, the extent of their information, the 
 accuracy of their judgments and the logical precision and clearness 
 
24 
 
 of their reasoning powers. But our laws and legal principles have 
 been framed bj precisely such minds; and the various clauses of 
 our laws and our legal principles have been so often the subjects of 
 argument and reflection in our courts, by such minds as have been 
 described above, that the meanings of the various clauses of our 
 laws and of legal principles have been reasoned out with an acute- 
 ness, comprehensive clearness and logical precision not likely to be 
 surpassed or equalled, in a code which has not gone through the 
 aforesaid process. 
 
 It is almost impossible for men of mediocrity intellects, or stupid 
 or distorted intellects, t'o frame a law with sufficient clearness to 
 render their entire meaning definite and certain, unless by accident. 
 By way of example, I will state that the acts of assembly of 
 Pennsylvania, which of late years are almost all framed by men of 
 not above mediocrity intellect, are almost always, when acute, com- 
 prehensive and logical reasoning powers are applied to their construc- 
 tion, found to be confused and doubtful with regard to portions of 
 their meaning, and sometimes with regard to their whole meaning ; 
 whilst the laws framed by the great minds of the Senate of the 
 United States are, if not always perfectly clear, capable of being 
 understood with certainty. 
 
 The great masses, even of educated and intelligent minds unacqain- 
 ted with the law, appear to think that it is quite an easy task for any 
 man of good mediocrity capacity to frame a law, with such clear- 
 ness that the meaning of it could not be mistaken. If such gentle- 
 men will read a work or two on logic, and two or three volumes of 
 law reports, I venture to say, they will be convinced of their error. 
 If they will read our acts of assembly, and then the arguments of 
 counsel with regard to their construction, and then the decisions of 
 our judges with regard to their construction, I think they will have 
 but little doubt in coming to the conclusion, ilmt it is not so easy a 
 task as they have imagined, to frame a law with such clearness that 
 the meaning thereof cannot be mistaken by men of common capacities. 
 Instead of being an easy task, it is only to be performed by the 
 ablest minds ; and then it is one of the most difficult tasks at which 
 such minds can be employed. 
 
 I admit that if men possessing the most acute and comprehensive 
 minds, with accurate judgments, logical clearness and precision of 
 reasoning powers, and great strength of memory, thoroughly learned 
 iu the law, were employed to digest the law, and were allowed 
 
25 
 
 sufficient time and the necessary facilities to enable them to do so, 
 the law might be reduced to much more accessible dimensions, and 
 might be rendered much more clear, definite and certain. The 
 Roman Emperor, Justinian, employed seventeen of the ablest 
 lawyers in his empire, to digest the Roman law, and allowed them 
 ten years in which to accomplish the Avork. They occupied only 
 three years in framing the digest; they acknowledged, however, 
 that the work was imperfectly done, because a sufficient length of 
 time had not been taken in which to accomplish it. I may add, 
 that it has been a constant source of regret to the profession of the 
 law, ever since, that the work was so imperfectly done. The Roman 
 law was probably not scattered through a greater number of books 
 than our own. 
 
 My idea of a digest would be this : that our digesters should take 
 the most extensive and approved elementary treatises on each branch 
 of the law, and adopt them as the basis of their digest, on those seve- 
 ral branches of the law. For instance, I would suggest that Starkie 
 on Evidence should be taken as the basis of the digest on the law of 
 Evidence. I would then suggest that every principle that was not 
 the law should be stricken from it, and that every principle that 
 diligent research could discover, as the clear and settled law, should 
 be added to it. I would then suggest that an act of the legislature 
 should be passed, declaring that every legal authority, which should 
 be found to differ from the digest, should in futui'c be disregarded. 
 I would suggest that every other branch of the law should be diges- 
 ted in the same way, I would also suggest that all laws and legal 
 principles, which clearly violate natural reason and justice, and the 
 repeal of which would not impair the happiness of society, should 
 be left out of the digest, and abolished by legislative enactment; but 
 care should be taken that such abolition should not affect contracts 
 already entered into, or vested rights. 
 
 I have already stated that it requires an intellect of the highest 
 order twenty or twenty-five years of intense study, judiciously 
 selected, to become a first rate lawyer, I have no hesitation in 
 saying, if the law were digested as suggested, that even such a man 
 could acquire from the digest a much more comprehensive knowl- 
 edge of the law, than he could do at present, by spending a life- 
 time, with the most intense and judiciously directed application 
 in its study. The law is scattered through several thousand 
 volumes, and many of the authorities, although reasoned out with 
 
26 
 
 great clearness and force, are contradictory. When the reader 
 takes into consideration the size of a law book, he will readily 
 conjecture that it is utterly impossible for any man, no matter 
 what his industry and ability may be, to read one half of them. 
 By digesting the law, it could probably be condensed into one or 
 two hundred volumes. One great advantage of a digest would be, 
 that it would remove many of the doubts and uncertainties caused by 
 contradictory authorities. Another advantage would be, that an 
 industrious lawyer could read the whole digest, and much more easily 
 than at present ascertain where to find the law applicable to the 
 case on hands. I will here mention another advantaore which a 
 digest possesses over a code: the law at present provides for the 
 necessities and wants of society, with a comprehensive wisdom, 
 minuteness and precision, such as no human learning and ability 
 could give to a code, although it could be preserved in a digest; 
 and one reason why a digest possesses so decided an advantage 
 over a code, is because the wants of society have been gradually 
 provided for by the law, through a course of some thousands of 
 years, and the deficiencies of the law, during the same period, have 
 been gradually remedied. 
 
 It is well known to every lawyer, that a law, when enacted and 
 brought into operation, is scarcely ever found to have provided for 
 every case for which it was intended to afford a remedy. The de- 
 fects have been gradually supplied, as such cases have occurred and 
 suggested the necessity of an additional remedy. I will here add, 
 however, that it would be absolute madness, on the part of any gov- 
 ernment, to employ any other intellects, except such as I have sug- 
 gested, in the formation of even a digest. If such intellects cannot 
 be employed in the work, it is a great deal better to let it alone alto- 
 gether. The reader will naturally inquire, what remedies do you 
 suggest for the evils of which you complain? I will endeavor, in 
 the following pages, to point out the suitable remedies, actuated 
 more by a desire to throw light upon the subject I am discussing, 
 than by any hope that my suggestions will be adopted ; and being 
 better acquainted with the organization of the courts of Pennsyl- 
 vania than Avith the organization of those of any other State in the 
 Union, I shall make Pennsylvania the theatre of my suggestions, 
 the principles of which can be applied anywhere. 
 
 In the first place, three examiners should be appointed, one by 
 the Supreme Court of Pennsylvania, and one each by the President 
 
07 
 
 Judges of two Courts of Common Pleas, or District Courts, situa- 
 ted beyond the district for which the examiners should be appointed 
 to act ; the examiners, however, should be appointed by the Presi- 
 dent Judges of the districts in which the examiners reside. No one 
 should be appointed an examiner, who practices regularly in the 
 district for which he is to act as an examiner. The examiners 
 should not receive any compensation for their services, lest 
 persons incapable of discharging their duties in a proper manner 
 should receive the appointments. No one, however, should be 
 compelled to serve as an examiner, unless he had a practice worth 
 three or four hundred dollars a year, or voluntarily chose to serve. 
 
 I would then make it the duty of the examiners to fix a time 
 when they would be present in each county for the purpose of 
 examining the law^'ers of that county; and after thoroughly exam- 
 ining each of them, and summoning and examining testimony for 
 the purpose of satisfying their minds with regard to the learning 
 and ability of each of them. I would make it the duty of the ex- 
 aminers to divide the present profession into five classes, in each 
 city and county, if they could possibly do so with justice. I would 
 then prohibit the people from employing the inferior classes of law- 
 yers, until they had first exhausted the higher classes. If the 
 inferior classes of lawyers were found capable of practicing in anr 
 one or more branches of the law, with as much safety to the public 
 as first class lawyers, I would make it the duty of the examiners to 
 give them a license to practice in those branches. 
 
 I would also suggest that the process of dividing the profession 
 into five classes should be continued and applied to the profession, 
 in future as well as at the present time. It would serve as a stim- 
 ulant to industry and ambition, and would have the efiect of improv- 
 ing the profession of the law and of advancing the cause of justice, 
 and also the cause of good government. I would also make it the 
 duty of the examiners to examine and to license men who were not 
 general lawyers, to practice in any branch of the law for which 
 they chose to 'prepare themselves to practice as first class lawyers, 
 with safety to the public. It is my belief, that a man possessing a 
 reasonably good education, with the right kind of faculties, could, 
 by two or three years diligent and judicious reading in some one 
 branch of the law, qualify himself to practice in that branch as a 
 first class lawyer, with safety to the public. I will add, that a suc- 
 cessful practice in any one branch of the law in any of our large 
 
28 
 
 cities, would be quite as lucrative as the best practices in those cities 
 now are, particularly a practice in any one of those branches of the 
 law in which the practice is lucrative. In county towns, a successful 
 practice, in any one branch of the law, would be much more valuable 
 to a lawyer than the practice which young men usually obtain for 
 years after their admission to the bar. Those gentlemen might 
 proceed from one branch to another, until they finally became first 
 class lawyers in all. 
 
 The aforesaid examinations should be continued once a year, and 
 after the first year I would make it the duty of the examiners, on each 
 succeeding examination, to call before them the President Judges of 
 each district, and to examine them with rco;ard to the learning, abil- 
 ity and integrity with which the lawyers practiced in their profession; 
 and to call any other witnesses, and examine any other testimony, 
 that they might think necessary or proper, for the purpose of ascer- 
 taining those facts. I would then make it the duty of the examiners, 
 if any one was found clearly guilty of a gross want of integrity in 
 his practice, to strike his name from the roll. I would, however, 
 require the case to be a very clear and gross one, before such a 
 course should be adopted, lest some innocent man should suffer. If 
 the case was not very clear and gross, I would suggest that the 
 offender should be suspended from practice for one year. In the 
 event of striking from the roll, I would give the offender the power 
 of appeal to the Supreme Court, who might, after a thorough ex- 
 amination of all the facts, by a commissioner, or in any other way 
 they might choose, either confirm the decision of the examiners, or 
 restore him to the profession, on suffering one year's suspension 
 from the practice. 
 
 I would only permit men to practice law in the county or city for 
 which they were examined ; they should, however, have the privi- 
 lege of attending for examination in any city or county, at the time 
 of holding the examination for such city or county; and ^if found 
 capable of practicing as first class lawyers in such city or county, 
 they should have a license granted them to practice therein. My 
 object is, that the lawyers of each county or city should be divided 
 into five classess, if possible, and not that all the lawyers in the state 
 should be put into one body and divided into five classes. The 
 people ought to select all the law officers from the first class lawyers. 
 Can anything be more absurd than to employ men in the adminis- 
 tration of the law who, from a want of learning and ability or 
 
29 
 
 integrity, are incapable of discharging their duty with safety to the 
 public ? 
 
 I have suggested that the power of appointing all the examiners 
 should be placed in the hands of the profession of the law, because 
 they alone know ho\T to select them, and, furthermore, are not so 
 likely to have their minds biassed by political feelings and party 
 organizations as any other authorities in the state. It may be 
 alleged, that if the aforesaid system should be adopted, it would 
 prevent people from choosing their own lawyers ; but the people do 
 not now decide who shall practice and who shall not practice law. 
 It is the profession alone who now examine and admit men to prac- 
 tice at the bar. The difference would be, that the people would 
 then have men of learning, ability and integrity to conduct their 
 causes, and to serve as their legal advisers, and would be effectually 
 protected from falling into the hands of knaves and fools — classes 
 of men who, under the present system, procure so large a portion 
 of the practice of the profession. 
 
 I have already stated that the people are profoundly ignorant of 
 the law, and with regard to the capacities and qualifications of law- 
 yers. Even men of education, intellect and intelligence, have no 
 just or adequate conceptions on those subjects. If a lawyer of learn- 
 ing and ability witnesses a trial, and observes the manner in which 
 counsel conduct and argue their causes, he will perceive without 
 difficulty wherein one excels the other; Avhile a man of intellect and 
 education will be quite likely to make a mistake, because he does 
 not understand the law. It would be a good deal like a skilful 
 mechanic examining an article of workmanship in the trade to 
 which he belonged, along with a man of intelligence who did not 
 know anything about the trade. The mechanic would detect the 
 slightest defect or superiority, while the man who was not a me- 
 chanic would be quite likely to overlook such matters entirely, and 
 perhaps would prefer the worst piece of workmanship. 
 
 I have stated that where men are equals in legal learning — 
 perhaps it would be more correct to say in legal reading — they 
 excel each other in knowledge of the law, precisely in propor- 
 tion to the superiority of their understandings. Inasmuch as any 
 intellectual superiority displayed by one counsel over another, under 
 such circumstances, is instantly made manifest to the mind of a law- 
 yer of learning and ability; because it displays a superior knowl- 
 edge of the law, which he perceives and understands with the ease 
 
30 
 
 and readiness with which a skilful mechanic perceives and under- 
 stands the object and merit of a piece of workmanship, in his trade. 
 I think it is very evident, that lawyers are the only safe judges of 
 the merits of the profession. 
 
 It does not appear to me, that it would be a very unreasonable 
 restraint upon liberty, to prevent men who are ignorant of the na- 
 ture of medicines, from poisoning themselves or the public, by using 
 them. And I think it would be equally reasonable, to prevent igno- 
 rant, incapable, or dishonest lawyers from robbing men of their 
 property, or sending them to the penitentiary, or getting them 
 hanged. I should be happy to see the people have the power of 
 managing every thing that they understand, but it is so clearly 
 demonstrated everywhere, that they do not understand how to dis- 
 criminate among lawyers, that it is absolutely necessary, for the 
 public welfare, that they should be deprived of the privilege of 
 choosing their counsel, except among men of undoubted qualifica- 
 tions. Under the present system, six tenths of the profession, are 
 utterly destitute of the necessary qualifications, and the people are 
 quite as likely to fall into the wrong hands as into the right hands. 
 In addition to that, men of learning and ability are frequently ren- 
 dered corrupt, by the facts, that the lower orders of the profession 
 are quite as successful as themselves in procuring business, and 
 sometimes more so, and that the habit is almost universal with the 
 lower orders of the profession, to cheat their clients, because it can 
 be done with impunity, and no encouragement is offered to men of 
 learning, ability and integrity, but rather the reverse. 
 
 So long as lawyers can cheat their clients with such impunity, 
 that they can acquire fortunes by doing so, and are so far from 
 being amenable to public opinion, that they can be, and frequently 
 are, elected to the highest stations of our country, over the heads 
 of upright men, much better qualified than themselves, it will be in 
 vain to attempt to restrain them by the precepts of morality and 
 religion, from their wicked course. It is not in the nature of men, 
 under such circumstances, with very few exceptions, to conduct 
 themselves with uprightness. When a lawyer cheats his client 
 under the present system, the chances are, that he will not only 
 avoid his suspicion and the suspicion of the public, but that he will 
 so far delude both, as to make them believe that he has conferred a 
 great favor on his client. The examiners would instantly detect 
 such a transaction. It is a fact well known to the community, that 
 
31 
 
 success in the profession of the law, opens the way to nearly all the 
 high offices in our country, and it is a fact equally well known, that 
 they are nearly all now tilled, and always have been filled by law- 
 yers. So soon as it is clearly settled, that it is only by learning, 
 ability and integrity, that a man can succeed at the bar, is it not 
 obvious, that a great moral reformation will take place. The pro- 
 fession of the law, the great body of whom are now so lamentably 
 imbecile and impure, will become a highly intellectual learned and 
 upright body of men. I say it with pleasure, there is no class of 
 men, who are so strongly inclined to discharge every duty, as advo- 
 cates, as citizens, and as statesmen, with uprightness and fidelity, if 
 the community will only sustain them in that course. 
 
 If the people now select lawyers for their political leaders, is it 
 not still more probable, that they will select them to fill the high 
 stations of the country, when they really become as a class, men of 
 learning, ability and integrity; attributes which they are now sup- 
 posed by the people to possess, but in which, in many instances, 
 they are most lamentably deficient. The example and opinions of 
 the profession of the law, produce a very powerful effect on the 
 minds of the people for good or evil. It is manifest, therefore, 
 that an upright and able administration of the law, is not the only 
 advantage which will be gained by the proposed reform ; an upright 
 and able administration of the law, will of itself greatly assist the 
 moral reformation. A consciousness on the part of every citizen, 
 that justice will be done him, if he resorts to the law, will undoubt- 
 edly, greatly encourage upright dealings among men. But, when 
 to that is added a wholesome public opinion, and a feeling of confi- 
 dence, on the part of the people, that offices and honors will be dis- 
 tributed as the rewards of merit, the incentives to uprightness and 
 fair dealing will be very strong indeed. If the proposed system 
 should have the effect, (and it is my belief that it will,) of filling all 
 the high stations of the country, with men of learning, ability and 
 integrity, it is surely not unreasonable to conclude, that the appoint- 
 ing power will be exercised by such men, in such a way, that the 
 offices within their gift will be distributed as the rewards of ability 
 and integrity, on the part of the applicants. 
 
 According to the observations of De Toequeville, the lawyers are 
 the first class in society, in the United States, and, inasmuch as 
 there is always a strong feeling of pride, urging men to imitate the 
 highest classes in society, that feeling will, under the proposed sys- 
 
82 
 
 tern, ■work most powerfully in favor of moral reform. It is a re- 
 mark of De Tocqueville, that the politicians in the United States 
 are all corrupt, and that they corrupt the people by their bad exam- 
 ple. After soberly reflecting on the best information within my 
 reach, I have come to the conclusion, that one third of the voters of 
 the United States are either office holders or office hunters, and that 
 they, with very few exceptions, depend on party organizations for 
 success. It is scarcely possible, to find a man attending any of the 
 public meetings, of either of the great parties, ■vyho does not hope 
 for office, either for himself or some of his relatives or friends. I 
 admit, that very few of them can be induced to acknowledge that 
 they are seeking offices for themselves or their relatives or friends. 
 They are all aware, that such an avowal would have a tendency to 
 render them unpopular ; but they do not appear to suspect the rea- 
 son why it renders them unpopular ; they have no adequate concep- 
 tion with regard to the numbers of their fellow citizens who are 
 seekinjr offices for themselves or their friends, and whose envious 
 feelings become excited by the aspirations of others, even should 
 those aspirations be for dijQferent situations. Indeed, so clearly sat- 
 isfied are nearly all politicians, that it is unpopular to acknowledge 
 their object, that they resemble women in labor, who only acknowl- 
 edge their transgressions when reduced to the last extremity. When 
 a man observes that his neighbor's prospect for office is so poor that 
 it is wholly improbable he will ever obtain any thing of the kmd, he 
 cannot believe it credible that he is aspiring for any thing of the 
 sort, until he acknowledges the fact. That the aforesaid estimate 
 of the number of office hunters is not exaggerated, I will venture to 
 prove by the following calculation. There are probably one hun- 
 dred thousand office holders in the United States, including national, 
 State, county and township officers. There are three millions of 
 voters, that would give thirty men for each office ; now would it be 
 an over-estimate, to say, that averaging all the offices in^the country, 
 there are ten aspirants at least, for each office. For some offices, 
 there are a much greater number of aspirants, and for other offices 
 a smaller number. 
 
 If De Tocquevillc is right, rascality, hypocrisy and corruption 
 are now the high ways to wealth and office in the United States ; 
 as a natural consequence, all those motives which usually control the 
 actions of men, urge them to rascality, hypocrisy and corruption ; 
 because few will be willing to place the appointing power in the 
 
33 
 
 hands of an able and an honest man, if they are themselves looking 
 for offices from him, and are conscious of a vrant of ability and in- 
 tegrity. They will be equally unwilling to place such men in situa- 
 tions, ■where they can exercise an influence with the people, justly 
 apprehending that such influence would be used against them. 
 When we unite this wide spread desire for offices, with the almost 
 universal desire to imitate the manners and customs of the lawyers, 
 as the first class in society, and make merit the interest of all, and 
 the only sure way to success, may we not reasonably hope, that such 
 inducements will turn the natural desires of men, in favor of virtue 
 and fair dealing ; then we shall have greatly lessened the labors of 
 the clergy, in converting men to genuine Christianity. Now the 
 natural impulses of men, lead them the wrong way. Under the pro- 
 posed system, the natural impulses of men, would lead them to pur- 
 sue the paths of wisdom and virtue, as the surest and only sure 
 ways of attaining those objects, which their minds and hearts most 
 strongly desire in this world. 
 
 The state of political society has actually become so corrupt 
 among us, that ability and integrity are almost insurmountable ob- 
 jections to a man's elevation. De Tocqueville, who, although he 
 did not possess the capacity of a statesman, was a most acute and 
 accurate observer of the motives of men, has most admirably des- 
 cribed the tyranny of public opinion in the United States. That 
 public opinion is now employed in enforcing the hypocritical doc- 
 trines of demagogues, and appears to exercise a more despotic sway 
 over the minds of the people, than the most absolute despotisms on 
 earth have ever been able to enforce on the minds of their subjects. 
 (A man may, by his insignificance, or absence from the presence of 
 a despot, escape his tyranny, but who can hope to escape from the 
 numerous eyes of a vindictive and tyrannical people.) When the 
 powerful engine of public opinion shall be turned in favor of wis- 
 dom, patriotism and virtue, may we not anticipate the most happy 
 results. If it has proved irresistible for evil, it will surely prove 
 equally irresistible for good. I have already stated, that the people 
 select nearly the whole of our rulers from the successful members 
 of the bar. It is self-evident, therefore, how very necessary it is, 
 that men of great learning, ability and integrity, should alone suc- 
 ceed in the profession of the law. The Supreme ruler of the uni- 
 verse, has rendered it as plain as any other natural law, that it was 
 his intention, that men of comprehensive, philosophic and states- 
 5 
 
34 
 
 manlike minds should govern mankind. Such minds are alone capa- 
 ble of taking comprehensive, statesmanlike and philosophic views of 
 public affairs. It is impossible for any one, without such powers of 
 intellect, to manage such affairs with wisdom and propriety. Such 
 minds are alone capable of governing mankind, either in a savage 
 or civilized state, with wisdom and discretion. 
 
 In a civilized state of society, it is necessary to add education 
 and extensive information, to the other high qualities enumerated. 
 A nation under the control of a great mind or minds, possesses as 
 great an advantage as an army under the command of an Hannibal, 
 a C»sar, or a Napoleon. Nations who neglect the natural laws in 
 the selection of their rulers, suffer all the painful and ruinous con- 
 sequences which mankind suffer for violating any other natural laws. 
 Men of mediocrity and distorted minds, manage their private affairs 
 in many cases, with skill and success, but in managing the affairs of 
 State, whether they are knaves or not in principle and intention, 
 they are invariably most unwise in their actions, and most unfortu- 
 nate in the results of their proceedings. I will here endeavor to 
 point out a circumstance which often misleads the public, with regard 
 to the capacities of lawyers, for affairs of State. It has often been 
 remarked, that men who argue causes with as much ability as it is 
 possible to use in the courts of Westminster Hall, urging every rea- 
 son that ingenuity and ability can possibly urge on their side of the 
 question, frequently fail to make an impression in the house of 
 Commons. It has also often been remarked, that men who were 
 only their equals at the bar, have made an impression in the House 
 of Commons, displaying ability for affairs of State. I am not 
 aware that the cause of this difference has ever been explained in a 
 clear and satisfactory manner. Men possess an ability for the law 
 precisely in proportion to the acuteness, clearness and comprehen- 
 siveness of their minds, the strength of their memories, the accuracy 
 of their judgments and the logical clearness and precision of their 
 reasoning powers. 
 
 The law is a system which provides rules and regulations for the 
 intercourse of society, in all its various, minute and intricate rela- 
 tions. A man of remarkable mediocrity intellect, will, in many 
 cases, perceive the circumstances and relations of a case in its bear- 
 ings on society, as fully and clearly as an intellect of the highest 
 order, and will be able to illustrate and apply the principles of the 
 law to such a case, as well as one of the ablest advocates, and often 
 
35 
 
 ftrgue the facts, if they are few and simple, with as much ability as 
 the most powerful advocate can do. There are, however, in a large 
 majority of cases, many points very perceptible to a superior in- 
 tellect, which a mediocrity intellect cannot, with its own resources, 
 perceive or reach, although, perhaps not incapable of understanding 
 them, when explained or pointed out by a superior intellect. One 
 great cause of the doubt and uncertainty which exist, with regard 
 to the capacities of lawyers for affairs of State, while at the bar, 
 arises from the fact, that very few lawyers of superior intellect, pos- 
 sess the mediocrity powers of the intellect so fully developed as they 
 are developed in the minds of some remarkable mediocrity men. 
 In such an instance, the mediocrity mind will see many points in a 
 cause which the great mind does not perceive, although in many 
 other points of the same cause, the great intellect will perceive 
 points which the mediocrity intellect cannot perceive. This dis- 
 crepancy is apt to leave so much doubt and uncertainty on the 
 public mind as to which of them possesses the superior intellect, 
 that it is impossible to satisfy even the great majority of educated 
 and judicious minds as to who is the mere lawyer and who both a 
 lawyer and a statesman ; except by an actual test of the capacities 
 of both, on great questions of state. Mediocrity intellects, although 
 very useful at the bar, and often in many cases comparing very fav- 
 orably with the ablest intellects, do not admit of the same favorable 
 comparison in a legislative body. On great questions of state and 
 public policy, and even in discussing laws for the municipal govern- 
 ment of the community, their views are almost wholly useless. 
 Owing to their inability to take views sufficiently comprehensive, 
 they cannot, as it were, take the whole subject into their minds at 
 once and survey it in all its parts and in all its bearings on society, 
 giving to each part its due weight and importance. They cannot fore- 
 see with reasonable certainty the probable effects of a law on society 
 in the aggregate and in all its minute parts, at the same time. There 
 is absolutely a want of room in their minds to take in a subject so 
 comprehensive, and containing so many minute and intricate parts. 
 They can only perceive portions of the subject; they cannot take 
 the whole into so small a space. Erskine's first noted failure in the 
 House of Commons, took place in the discussion of a law for the 
 government of India, a question eminently calculated to employ the 
 higher and more statesman-like powers of the mind. Ilis success 
 as an advocate at the bar had been so pre-eminent, that it was evi- 
 
36 
 
 dently thought necessary that the great leader of the ministerial 
 party should encounter him. When he first took his seat in the 
 House of Commons he was received with loud cheers by the Whigs, 
 whilst the ministerial branches exhibited the greatest consternation. 
 When Ersldne commenced his speech on the India bill, Pitt prepa- 
 red to take notes; he soon, however, detected the incapacity of his 
 adversary for questions of state, and threw away the paper with aa 
 expression of countenance, and a gesture indicating contempt. An 
 acute, powerful and discriminating mind will detect a want of com- 
 prehensiveness of intellect in some of the forensic displays to be 
 found in the published volume of his speeches. Some of them will, 
 however, demonstrate the truth of my proposition, that a man of me- 
 diocrity intellect can argue many legal questions as fully and clearly 
 as the ablest of men. I do not believe that any human intellect could 
 illustrate the law more clearly and ably than Lord Erskine has done 
 on constructive treason and the law of libel. I will put his argu- 
 ment in the House of Lords on the trial of Queen Caroline, on the 
 subject of admitting testimony, against any thing which can be 
 produced by the human intellect on that question. The argument 
 is given in Campbell's life of Lord Erskine. 
 
 Lord Erskine had certainly a very remarkable mediocrity intellect, 
 nay, he had more than a mediocrity intellect ; although it is equally 
 certain that he did not possess a comprehensive and statesman-like 
 mind. I have no doubt they describe him truly who say that he 
 was the greatest advocate that ever practised at the English bar. 
 This success arose from the fact that probably not one of the 
 great English lawyers had the mediocrity powers developed in so 
 extraordinary a manner. If the great English lawyers had pos- 
 sessed the mediocrity poAvers equally well developed, united with 
 the higher powers, they would have excelled Erskine. This dis- 
 tinction between mediocrity minds and great minds has been long 
 recognized by the educated and the able. Henry VII, who was 
 a discriminating monarch, satisfied his mind with regard to the 
 ability of Cardinal Wolsey, by trying him on matters of weight and 
 gravity. Although this distinction has been long known to the 
 educated and the able, it is not universally known or understood by 
 the educated and the able even at the present day ; there are some 
 men with educated and superior intellects who do not appear to 
 perceive a distinction, or to know how to draw a distinction between 
 a mediocrity intellect and a great intellect. Great minds take sim* 
 
ST 
 
 ilar views on great questions, even when they take directly opposite 
 positions on a great question, there is a similarity in the views and 
 reasons with which they sustain their respective positions. There 
 is so strong a resemblance in the views and reasons with which they 
 sustain their respective positions, that I think that if the attention of 
 even an acute mediocrity intellect were drawn to the subject, the 
 owner thereof could scarcely avoid perceiving the resemblance. 
 
 It is very probable that the people will not always select the most 
 able, learned and upright members of the bar to fill the high offices 
 of state; bat if we give them men of learning, ability and integ- 
 rity from whom alone to make a choice, we shall not in future, as 
 we do now, find our congress and legislative assemblies almost des- 
 titute of men of great learning, ability and integrity. The people 
 will elect lawyers, and they will not be likely to select lawyers who 
 occupy a degraded position in the profession ; it will follow as a 
 natural consequence, that men of a much higher order for learning, 
 ability and integrity than those who now reach such stations, will be 
 elevated to them. If blind chance alone should guide the people in 
 their selections from the profession of the law, under the proposed 
 system, they could not fail to elevate a sufficient number of really 
 great men to our state legislatures and to congress, to render the 
 improvement in the working of our government manifest to every 
 intelligent mind. The fact is, that a great deal of the injustice 
 which is now done to the able, learned and upright members of the 
 bar, is caused by the influence of the politicians who infest all our 
 counties and towns, and who look with jealousy on the success of 
 men of learning, ability and integrity in the profession of the law ; 
 because they know that the success of such a man in the profession 
 of the law is sure to give him a very considerable political influence, 
 and to render his claims for office, with whatever party he belongs 
 to, almost irresistable : consequently, the politicians use their in- 
 fluence to prevent such men from obtaining practice. 
 
 I have no doubt that it would be for the advantage of politicians 
 to foster and encourage men of learning, ability and integrity at the 
 bar ; but they seldom think so, and so far as my knowledge on the 
 subject extends, the prevailing practice among our politicians is to 
 destroy one another if possible, and not to build up their respective 
 fortunes in unison. If a politician were to put forward a man of 
 superior intellect and education, on whose friendship he could rely, 
 (and it is always more safe to rely on the friendship of such men 
 
38 
 
 than on the friendship of any others,) he could, by means of the 
 influence of his friend, either with the people or with executives, 
 accomplish a great deal more in the way of obtaining offices for 
 himself or his friends, than in any other way. Such, however, does 
 not appear to be the way of the world. When men see others who 
 aspire to the same stations which they themselves are aspiring to, 
 they appear, as a general rule, to go blindly for their destruction, — • 
 indulging their malignant passions in preference to their reason. 
 
 The respective influences which Mr. Calhoun exercised in South 
 Carolina, Mr. Clay in Kentucky, and Mr. Webster in Massachusetts, 
 seem to show not only the very great power which such men can 
 exercise for their friends when elevated to high places, but also to 
 show the good they can do for their country, and the advantage 
 which will accrue to society from having the examples of such men 
 in high places, in all the different states of the union; for people 
 are prone to imitate the examples of those in high places. Many 
 other examples could be cited to show the very great power exer- 
 cised by such men over public opinion, when elevated to high stations ; 
 or, more properly speaking, when elevated to those stations from 
 which such intellects can exercise the greatest influence. When all 
 that power shall be directed to the public good, and when all our 
 states and the minor situations of the country shall be under an 
 equally happy influence, and the judgem'ents as well as the pride 
 and passions of the people shall lead them to obey the precepts and 
 imitate the examples of such men, surely a great political, moral 
 and religious reform will follow as a natural consequence. 
 
 It is, I think, tolerably clear that under the proposed system, 
 which will be sure to elevate one or two good lawyers in every county 
 town in the State, the lawyers thus elevated will be able efl'ectually 
 to restrain the loafing, political demagogues, not only from injuring 
 them in their profession, but from cheating and swindling their 
 neighbors by elevating unworthy and improper persons to office. 
 I do not desire to increase the number of lawyers in office, except 
 in those instances where they are better qualified than other men ; 
 but I do most anxiously desire when the people elect lawyers to the 
 offices of Governor, Legislature and Congress, that they would select 
 men of the highest order of intellect, and of great learning and integ- 
 rity. We should then no longer have the mortification to behold 
 (as we now so frequently do) our public offices filled by men who 
 disgrace and degrade us by their ignorance, imbecility and corrup- 
 
3U 
 
 tion, and who demoralize society by their bad examples, and by the 
 social disorders which they produce by their improper administration 
 of public affairs. If the proposed system should be adopted, every 
 intelligent lawyer will perceive at once that it would be utterly 
 impossible for a knave, or a man of distorted intellect, or a man 
 destitute of the necessary legal learning, to succeed at the bar. 
 Such a man might possibly pass his first examination, but his career 
 would assuredly be arrested at the end of one or two years. 
 
 By way of enabling the examiners to ascertain with greater cer- 
 tainty the learning and abilities of the lawyers, I would suggest 
 that those lawyers who have not an extensive practice at the bar, 
 should form debating societies, where they could try imaginary 
 causes; arguing on a state of facts framed for the case, as though 
 they were addressing a jury and also arguing questions of law to 
 the court. I would suggest that it should be made the duty of some 
 first-class lawyer, whose abilities were well known, to preside at such 
 societies as Judge, once or twice a week, and that the president 
 Judge of the court of Common Pleas should suggest the law ques- 
 tions which should be argued at those meetings. It will be very 
 obvious to the professional mind that such a course would enable 
 the examiners to become as thoroughly acquainted with the capac- 
 ities and learning of those lawyers who were without practice,^ as 
 with the capacities and learning of those lawyers who have practice. 
 Every lawyer of learning and ability will perceive on reflection, that 
 it is impossible to form a perfectly accurate opinion of the learning 
 and ability of a lawyer, except by seeing that ability extensively 
 exercised on a great variety of cases, and seeing that learning tested 
 on a great variety of cases. A man may argue one question of law 
 well and not be able to argue another equally well, and a man may 
 be very learned on one question and very ignorant on others. If a 
 judicious variety of cases should be framed for him to argue, the 
 acuteness and comprehensiveness of his mind, the accuracy of his 
 judgment, the logical precision and clearness of his reasoning pow- 
 ersfthe strength of his memory, and the extent of his learmng 
 would become fully known. Many of the errors into which the 
 public fall with regard to the intellectual abilities and qualifications 
 of lawyers, and of men in general, doubtless arises from the indef- 
 inite phrases used in describing those attributes; for instance, when 
 any one hears another described as a "smart fellow," can he tell 
 from that designation what particular powers of mind he possesses. 
 
40 * 
 
 The phrase is applied alike to acute, comprehensive and logical 
 minds, and to acute and logical mediocrity minds, and to acute 
 minds whether logical or not ; in fact, it is applied indiscriminately 
 to all minds that are not stupid. My objection to the phrase is that 
 it does not convey any clear, definite and adequate idea of the 
 powers of mind intended to be described. 
 
 If, in describing the mental powers of a man such as is usually 
 described as a smart fellow, the writer or speaker were to say he 
 possesses an acute and comprehensive mind, great strength of 
 memory, an accurate judgement, reasoning powers remarkable for 
 clearness and precision, a good education, and extensive information, 
 the hearer or reader would at once conclude that the person so 
 described possersed an intellect of the highest order. If he wished 
 to describe an intellect such as I have just mentioned as being well 
 organized for affairs of state, he should add the words, statesman-like 
 mind to the other items enumerated. If he were to say he posses- 
 ses an acute mediocrity mind with clear logical reasoning powers, 
 an accurate judgement, great strength of memory, a good education, 
 and extensive information, the hearer or reader would immediately 
 understand that he intended to describe a first rate mediocrity intel- 
 lect. Is it not evident that if the writer or speaker would describe 
 the particular powers and acquirements which the mind he was 
 describing, possessed, with logical clearness, minuteness and precision, 
 that it would prevent the hearer or reader from forming such vague, 
 indefinite and delusive ideas with regard to the powers of mind and 
 intellectual qualifications possessed by those of whom they hear or 
 read. Is it not also evident that if the descriptions given of the 
 powers of the human mind, and of the qualifications of the human 
 mind are always given with sufiicient logical minuteness, precision 
 and clearness to be clearly understood as conveying a reasonably 
 definite and certain description of the powers of mind described, 
 and the intellectual qualifications described, that it will greatly tend 
 to relieve the public mind from the delusion imder which it labors 
 with regard to the intellectual powers and intellectual qualifications 
 not only of our lawyers, but of our public men and fellow citizens 
 in general. If every man who undertakes to describe the intel- 
 lectual powers and intellectual qualifications of any one, is compelled 
 to put his description in such a tangible shape as to be understood 
 with certainty, or, if he docs not do so, is merely to be understood 
 as having used a senseless and unmeaning expression, I am per- 
 
41 
 
 suaded we shall have made a very considerable advance towards 
 enlightening the public mind on a subject on which the public very 
 much need light. I am not prepared to say that if the aforesaid sys- 
 tem should be adopted ; it would at once entirely banish confusion 
 and delusion from the public mind, with regard to the powers of the 
 minds of our fellow citizens, and with regard to the qualifications 
 of their minds, but it would be the inception of a system that would 
 finally accomplish that object, if not entirely, at least to an extent 
 that would indeed be of great advantage to the community. The 
 writer or speaker should describe each intellectual power and each 
 intellectual acquirement separately, for instance: if he possesses 
 an acute mind, say so; if he possesses a comprehensive mind, say 
 so ; if he possesses great strength of memory, say so ; if he possesses 
 an accurate judgment, say so; if he possesses clear and precise logi- 
 cal reasoning powers, say so ; if he possesses a good education, say 
 so ; or if he is well educated in some one branch but aot in other 
 branches, say so ; if he possesses extensive information on some one 
 branch but not on other branches, say so ; describe each item sepa- 
 rately, particularly and distinctly. 
 
 I will mention some examples by way of illustrating the difiercnce 
 between intellects of the highest ■order and mediocrity intellects: 
 Chief Justice Marshall possessed a first class legal intellect; Chancel- 
 lor Kent a first class mediocrity legal intellect. The repeated and 
 strong eulogies of Judge Story on Chancellor Kent, have utterly 
 failed in convincing me that he possessed any thing more than a 
 remarkable mediocrity intellect. I refer the reader to the decisions 
 of Chancellor Kent, and to his writings on the law, particularly on 
 constitutional law ; and to the decisions of Chief Justice Marshall on 
 questions of law, and particularly on questions of constitutional 
 law. I advise the reader to study carefully their reasons and ideas 
 on those subjects, and I think he will be very likely to discover the 
 difference between a mediocrity intellect and an intellect of the 
 highest order. I will mention Cheif Justice Gibson of Pennsyl- 
 vania, by way of illustrating my meaning when I use the word clear 
 in illustrating and describing logical reasoning powers; it would be 
 difficult to say that the reasoning powers of Chief Justice Gibson 
 were not logical, and yet they were certainly net clear logical rea- 
 soning powers such as Chief Justice Marshall possessed. 
 
 If my theories are correct, the reader who has read the speeches 
 and messages of Mr. Van Buren, will have but little difficulty in 
 G 
 
42 
 
 coming to tlie conclusion that lie must have been, from the start in 
 his profession as a lawyer, a match for the ablest of his competitors 
 in abilit}^, and his great industry renders it certain that he was a 
 safe lawyer from the start in point of learning, and Avas doubtless a 
 thoroughly well read lawyer at a match earlier period in life than ma- 
 ny of those members of the profession who have been most eminent 
 for learning and ability. At twenty-one he would probably have 
 been a match in learning and ability for most learned and able law- 
 yers of thirty years of age. The good fortune of Mr. Van Buren 
 in obtaining business in his profession appears to have been fully 
 er|ual to his merit ; he obtained a steady run of business from the 
 start, which never fell off but constantly increased until he aban- 
 doned the bar, which he did more than twenty years ago. In some 
 years he made almost, or fully, ten thousand dollars. Very few 
 lawyers, indeed, have the good fortune to obtain a steady run of 
 business from the start, and those few are seldom remarkable for 
 ability. In fact Mr. Van Buren up to 1840 appears to have been 
 as fortunate as Scylla. 
 
 The course of Mr. Van Buren as a politician from the first indi- 
 cated, in a manner not to be mistaken or misunderstood by any one 
 capable of understanding his thoughts, his political character. He 
 appears to have given his first vote in 1804, when, in connexion with 
 the great body of the democratic party, he voted for Morgan Lewis 
 for governor of New York, in opposition to Aaron Burr. It will be 
 recollected that Col. Burr had bestowed many fascinating attentions 
 on him when a law student. Mr. Van Ness, with whom he read law 
 in the city of New York, was an intimate personal friend, and a 
 devoted political friend of Col. Burr. Several of the leading dem- 
 ocrats of Columbia county, among whom Avere some of Mr Van 
 Buren's first friends, voted for Col. Burr. Some of the biographers 
 of Mr; Van Buren attribute his course on that occasion to high 
 toned and honorable political principles exclusively. It is more than 
 probable that his political convictions were sincere against the cause 
 of Col. Burr, yet I venture to say that the reader would not form a 
 correct opinion of the political character of Mr Van Buren who 
 should imagine that if his political convictions and personal predi- 
 lections had been in favor of Col. Burr, he would have voted for him. 
 Mr. Van Buren knew that by voting against Col. Burr he would ingra- 
 tiate himself with the democratic party and acquire their confidence) 
 ;ind strengthen himself for future political and professional advance- 
 
43 
 
 ment with that party. In 1807 the democratic party were again 
 divided hetwecn Lewis and Tompkins ; Mr. Van Buren, acting with 
 the regular organization and the majority, gave bis support to 
 Tompkins, who was elected. He was still, the reader will perceive, 
 on the surest way to the patronage and favor of the party. In 1808 
 he was appointed surrogate of the county, an office which he held 
 until February, 1813, when the federal party having obtained a 
 majority in that branch of the Legislature which controlled the 
 appointing power, he was removed. 
 
 The ability, zeal and activity evinced by Mr. Van Buren as a politi- 
 cian, during the administration of Jefferson, naturally drew upon him 
 the sarcasms and clamorous abuse of the political leaders and journals 
 of the federal party. A young man, however, conscious that he 
 possessed a powerful intellect, and that he had already achieved per- 
 manent and stable success at the bar, and who was enabled by his 
 capacity to discern that he was travelling with unerring steps on the 
 high way to professional distinction and wealth, with a fair prospect 
 for the highest political positions of his country, might well afford 
 to take, and doubtless did take, the buffetings of his political adver- 
 saries with a philosophic calmness and placidity of temper worthy 
 of all imitation and of all praise, in this restless and uneasy world. 
 
 The patronage which Mr. Van Buren received from the demo- 
 cratic party in his profession from the start, was well calculated to 
 strengthen his attachments '^in favor of the men and measures of 
 that party, and to stimulate his zeal in their support, particularly 
 when taken in connexion with the buffetings which he received from 
 his political adversaries. Soon after receiving the appointment of 
 surroo-ate he removed to the city of Hudson, and soon rose to a 
 leading and lucrative practice at the bar. Elisha Williams appears 
 to have been his great legal and political adversary at that bar; 
 according to the best accounts within my reach, Mr. Van Buren was 
 fully his equal as a jury lawyer, a department which was supposed 
 to be the forte of Elisha Williams, and in which he was supposed to 
 be unsurpassed. According to the best descriptions of Mr. Van 
 Buren's forensic displays, he appears to have approached the minds 
 and hearts of juries with the most artful, ingenious, glowing and 
 graceful eloquence, united to a logical clearness and force of rea- 
 soning unsurpassed, if equalled, by the ablest of his competitors. 
 Mr. Williams and ]\L'. Van Buren, the two leaders of their respec- 
 tive parties and of their profession in the city of Hudson, Tyhile they 
 
44 
 
 extended towards each other all courtesy and honor in their profes- 
 sional intercourse, carried on a most animated and untiring contest 
 for professional fame, success and superiority. It is certain that 
 Mr. Van Buren united the most consummate art with great ability 
 in his addresses to both courts and juries. 
 
 In 1806 Mr. Van Buren married a lady who was a distant relation 
 of his : Miss Hannah Hoes. He exhibited the most ardent love 
 and attachment for her at all times, and under all circumstances, up 
 to the time of her death in 1818, by consumption. He had four 
 sons by her, and has since continued unmarried. I have on more 
 than one occasion remarked the pride and affection with which 
 young women regard a young and single male relative of great 
 promise in intellect, or of strong personal attractions or other good 
 qualities. A feeling of family pride makes them more susceptible 
 to impressions from his charms than other women. A young man 
 with the mental and personal attractions and prospects of Mr. Van 
 Buren might well have charmed other women than Hannah Hoes, 
 and certainly the match of that young lady was eminently fortunate. 
 Could any thing be more fascinating to the mind of a young woman 
 of a warm and generous nature and just and womanly feelings, than 
 a young man possessing an intellect of the highest order, a comely 
 person, an honorable character, a most amiable and agreeable dis- 
 position and the most fascinating manners, united with an industry 
 and prudence that rendered his continued rise and success at the bar 
 certain, and an intellect that rendered his future prospects for the 
 highest station in his country, of the first order; and a young 
 man, withall, that loved her with the most ardent and devoted love 
 and affection. She had an almost certain prospect for comfort, 
 wealth and respectability of position, with a reasonable prospect 
 of the highest gratification of the ambitious feelings which a wife 
 might entertain for the official position and fame of her husband. 
 She might reasonably have hoped that he might reach the highest 
 station in his country, whilst he would avoid the error into which 
 so many great statesmen have fallen, of neglecting to provide for 
 the comfort and independence of their families; indeed, his prudence 
 rendered it certain that he would provide for the comfort and inde- 
 pendence of his family with as much permanence and safety as the 
 affairs of this changeable world would admit of. We, of the out- 
 side world cannot look on Mr. Van Buren as bis wife would do, we 
 can sec hia faults both private and pu1)lir ; she, however, would 
 
45 
 
 neither see nor experience any tiling of the sort. The amiable dis- 
 position, the kindly nature, the discretion and good sense of Mr. 
 Van Buren rendered his conduct perfectly unexceptionable in domes- 
 tic life. Whatever disguises he may have "worn in public, as a poli- 
 tician, and however questionable his motives may have sometimes been 
 when acting in that capacity, there cannot be any question that he was 
 uniformly kind in his intercourse with his wife and children, and per- 
 fectly sincere in his professions of attachment and regard for them. 
 She or they never saw or felt his faults. She had the pleasure of 
 beholding before her a prospect of a social position of the first class, 
 and permanent wealth and comfort for herself and children; whilst 
 she fondly hoped that Mr. Van Buren would leave behind him an 
 honored name to his decendants. She might well use an expression 
 that I once heard used by a lady to her betrothed, who remarked 
 that she looked as if she was very happy, "it is no wonder I am 
 happy, I have every thing my heart can wish for." I think Han- 
 nah Hoes had every thing her heart could wish for. It is all true 
 that men as amiable and kind as Mr. Van Buren, might possibly be 
 found in private life, possessing as large a share and a larger share 
 of wealth with which to procure its comforts and enjoyments; but 
 it would certainly lower the estimation in which I hold the ladies if 
 I thought them insensible to the charms of a superior intellect, and 
 to the fame and position which such an intellect can achieve. The 
 ladies would be ignoble, indeed, in their sentiments, if they could 
 feel as well satisfied with the physical comforts of life alone, as with 
 those comforts united to a most desirable social position. I should 
 think a woman sadly destitute of intelligence and correct principles, 
 if she was insensible to the fame of her husband and the fascinating 
 charms of a refined and intellectual society. Whatever the ladies 
 may think of Mr. Van Buren as a politician, I think they will 
 admit that he made one of their number comfortable and happy; 
 she did not, however, live long to enjoy her good fortune; she died 
 while he was yet a young man, enjoying the flowing tide of profes- 
 sional and political success. People who have never witnessed the 
 intercourse of such a man as Mr. Van Buren with his family, can 
 scarcely form an adequate conception of the exquisite suavity and 
 kindness of his intercourse with them. It is scarcely possible to 
 imagine the almost unerring acuteness and sagacity which foresees 
 and provides for every want and every reasonable wish: evincing 
 more pleasure in providing for thot^e wants and wishes than the 
 
46 
 
 recipients of those favors display at having their wants and wishes 
 provided for. There is no question that the enjoyments of the 
 recipients are greatly enhanced by having their wants and wishes 
 provided for in a manner so fascinating and becoming. 
 
 Any man who possesses a powerful and well organized mind must 
 inevitably admire the great good fortune of this young man; it 
 would have been scarcely possible to have gratified a just ambition 
 in a manner more fascinating and agreeable. Conscious of pos- 
 sessing intellectual powers and acquirements which could not fail 
 to place him among the ablest of our statesmen and lawyers, his 
 opportunities for display, and the positions from which he might 
 display those powers and acquirements to advantage, were most 
 abundant and appropriate. When placed in such positions as Mr. 
 Van Buren was placed in, he well knew the public would not fail 
 to put a just estimate on his powers and acquirements. When in 
 addition to those considerations we reflect that he had already 
 achieved pecuniary independence and comfort, and that he might 
 anticipate with reasonable, indeed with almost absolute certainty, 
 the future acquisition of as much wealth as a reasonable man could 
 desire. We cannot avoid the conviction that the circumstances by 
 which he was surrounded were singularly and peculiarly happy. 
 
 He is said to have possessed an ardent and ambitious mind ; he 
 certainly evinced the greatest industry and perseverance. We can 
 imagine the delighted and self-satisfied feelings with which he would 
 return to his home, after a successful forensic display, stimulated 
 by the admiration and applause of his friends and the public, and 
 conscious that a most devoted and affectionate Avife awaited his arri- 
 val, to participate in his joys, and to stimulate and encourage his 
 desire for future efforts and still greater success. AYe are to bear 
 in mind, that admiration and applause were not the only rewards of 
 Mr. Van Buren, The substantial rewards of life accompanied those 
 agreeable stimulants. It is not very probable that his forensic 
 efforts were often made the subjects of conversation at home; he 
 knew, however, that his wife was aware of his success, and fully 
 sympathized with his aspirations and hopes. Doubtless, every 
 thing he did, was right in her eyes, and every thing he said was 
 regarded as possessing oracular wisdom. Although a right minded 
 young man would be more anxious to succeed in life, for the pur- 
 pose of gratifyng his wife, than any other person. Yet, it is also 
 a source of the most heartfelt satisfaction, to be able to gratify the 
 wishes and expectations of parents, relatives and friends. 
 
47 
 
 Mr. Van Bureii must have enjoyed this happiness in an eminent 
 degree. What ambitious, ardent and noble mind, wouhl not glow 
 with delight, at such a prospect. It would gratify in the highest 
 degree, the impulses of a noble mind, and of a generous heart. It is 
 very probable, he enjoyed his success the more highly, on account of 
 the humble position in life, in which he was born. It gratified his 
 ambition and his pride, to be enabled to force himself by his talents 
 and success, into the first classes of society, more than if he had 
 been born in those classes, and had inherited wealth enough to 
 enable him to maintain his position. It is very probable, even at 
 that early period, in the history of the republic that his chances of 
 success in the paths he had chosen, were greatly enhanced by the 
 humbleness of his birth, and his want of wealth and aristocratic 
 connexions. It is very probable that he was much indebted for his 
 success at the bar, to the fact, that he was a Dutchman. 
 
 Mr. Van Buren appears to have supported the administration of 
 Jefferson, from first to last. He zealously defended the course of 
 ^George Clinton, who gave his casting vote as Vice President of the 
 United Sates in 1811, against the bill for renewing the charter of 
 the first bank of the United States. Mr. Gallatin, then Secretary 
 of the Treasury, recommended the renewal of the charter, and 
 William H. Crawford, sustained the measure in the Senate. Mr. 
 Van Buren joined with others, in recommending those two gentle- 
 men for President and Vice President of the United States in 1824. 
 I am so thoroughly satisfied, with regard to the evil tendencies of 
 banking, as practised in the United States, and in most other civ- 
 ilized countries, that I feel disposed to dwell at some length on the 
 subject. 
 
 I shall commence by laying down two propositions that are dem- 
 onstrated by the ablest writers on political economy, with mathe- 
 matical clearness and precision. Namely, that it would be all the 
 same to a people, whether their business was transacted on a cur- 
 rency of one hundred millions, or on a currency of two hundred 
 millions. If a man could purchase an article if the currency was 
 one hundred millions, for five dollars, and the currency were in- 
 ^ creased to two hundred millions, he would be obliged to pay ten 
 dollars for the same article. It would cost him precisely the same 
 amount of his produce or labor, to procure five dollars, when the 
 currency amounted to one hundred millions, as it would cost him of 
 his produce or labor to procure ten dollars, when the currency 
 
 ^^ 
 
48 
 
 ainounted to two hundred millions, so that the result would be vir- 
 tually the same to him. Five dollars would be quite as valuable to 
 him, when the currency amounted to one hundred millions, as ten 
 dollars would be, when the currency amounted to two hundred mil- 
 lions. It has been repeatedly demonstrated, in a manner not to be 
 disputed by any intelligent mind, that commodities of every kind, 
 increase nominally in price, in proportion to the increase of the cur- 
 rency of the country. It would certainly make a difference between 
 debtor and creditor. 
 
 If a man had contracted debts when the currency amounted to 
 one hundred millions, and the currency should be increased to two 
 hundred millions, when he was called upon to pay those debts, he 
 would certainly, virtually pay those debts at fifty cents on the dol- 
 lar, because it would cost him only one half as much of his labor or 
 produce, or property, to procure the necessary amount of money 
 with which to pay those debts when due, that it would have cost 
 him of his labor, or produce, or property, to have procured the same 
 amount of money, at the time when those debts were contracted, if 
 in such an instance the creditor would virtually lose one half of his 
 debt. It is equally certain, that if a debt were contracted when the 
 currency amounted to two hundred millions, and the debtor were 
 compelled to pay that debt, when the currency was reduced to one 
 hundred millions, he would virtually pay two dollars for one, be- 
 cause it would cost him as much of his labor, or produce, or prop- 
 erty, to procure one dollar, when the currency was reduced to one 
 hundred millions, as it would have cost him of his labor, or produce, 
 or property, to have procured two dollars, when the currency 
 amounted to two hundred millions. The creditor in the latter in- 
 stance, would virtually receive two dollars for one. 
 
 I think I can show, that if gold and silver were adopted as the 
 only circulating mediums of the country, that the change in the 
 amount of the currency of the country would be brought about so 
 gradually, that it would be imperceptible; while a much greater 
 difference is caused between debtor and creditor, than that which 1 
 have just suggested, by each of the great periodical monetary con- 
 vulsions which occur in our country, and throughout the greater 
 part of the commercial world, and which can be clearly traced to 
 banking and paper money as their cause. The ablest writers on 
 Political Economy, who advocate or palliate banking and paper 
 money, demonstrate that a great scarcity of gold and silver, such 
 
49 
 
 as will produce general commercial distress, never can occur in any 
 civilized country, if paper money is not used in that country. If 
 paper money is not used in a country, the moment gold and sil- 
 ver become scarce prices •will fall in proportion to that scarcity, and 
 gold and silver will instantly be sent into that country, from other 
 parts of the world; because it can be more profitably invested 
 where there is a scarcity of gold and silver, than where there is an 
 abundance of those commodities. We witnessed a scene of that kind 
 in the United States, a few years ago, when prices had fallen so 
 low, although the balance of trade was greatly against the United 
 States, and remittances were needed in England and elsewhere, to 
 pay their debts ; large sums of gold and silver were imported from 
 England into the United States, because gold and silver could be 
 more profitably invested, at that time, in the United States, than in 
 England, or, in other Avords, gold and silver, at that time, could 
 purchase more of labor, produce or property in the United States, 
 in proportion to its intrinsic value, than elsewhere. The foregoing 
 propositions have been demonstrated by the writers on Political 
 Economy, with as much certainty as that twice one makes two ; and 
 it is paying a poor compliment to the human understanding, that 
 any intelligent man, particularly any intelligent statesman, can be 
 found, who doubts the accuracy of those demonstrations. 
 
 The writers on Political Economy show, in a manner not to be 
 disputed or contradicted, that if the people of any country will take 
 paper money instead of gold and silver, it will soon drive gold and 
 silver out of the country. This proposition is demonstrated so 
 clearly by the history of paper money, as given by the writers 
 on Political Economy, that any intelligent man who reads those 
 works, can scarcely fail to be convinced of its truth and 
 accuracy. The great masses of the people, however, never read 
 such works, and the natural reasoning powers of a man are not 
 likely to point out to him such a result, unless his mind has been 
 enlightened by the historical experiences of all attempts at using 
 paper money, in large quantities, as a substitute for gold and silver, 
 and not merely using paper money as the representative of gold 
 and silver, dollar for dollar. It has been shown, beyond all doubt, /^^ 
 by the commercial histories of Holland and Cuba, that great com- 
 mercial convulsions never occur where gold and silver are the only 
 moneys, and paper is not used as such. 
 
 It is true, that in Holland they had a bank of deposit, to which a 
 
 7 
 
60 
 
 man might take his gold and silver, and deposit it, and a check 
 would be given him for the amount, -which check would pass in the 
 community as money; the bank, however, retained in its vaults an 
 amount of gold and silver equal to the amount of its checks in cir- 
 culation, dollar for dollar, and did not risk its capital by discount- 
 ing notes, or in any other way. Under the hard money system, 
 Holland attained as high a degree of civilization, wealth, and com- 
 mercial and manufacturing prosperity, as any other country in the 
 world; showing by her example, that banking and paper money do 
 not tend to produce any such results, by way of atoning for the 
 many calamities and misfortunes which they bring upon a country. 
 
 It will be perceived by every reader who has any knowledge of 
 banking, as it exists in the United States, that it is a system differ- 
 ing entirely from the bank of Amsterdam. In those instances in 
 the United States, in which the banks are conducted on what is 
 generally supposed to be a sound and safe system, and which really 
 is the soundest and safest system in operation in the United States, 
 a parcel of men get a charter from the State, to establish a bank 
 when a certain amount of stock shall be subscribed and paid in, say 
 one million of dollars; those charters generally exempt the stock- 
 holders from any further liability, in the event of the failure of the 
 bank, except the loss of their stock. There is seldom any limitation 
 by law upon them, with regard to the amount of notes they shall issue. 
 They generally issue three or four dollars in notes for every dollar 
 of gold and silver in their vaults ; of course it is wholly impossible 
 for them to pay all their notes at once, if demanded in gold and 
 silver; and whenever a general run upon the banks takes place, they 
 must inevitably suspend specie payments. A general alarm in the 
 country, with regard to their stability, is almost certain to bring about 
 such a result. The reader will perceive at once, how, by this issue of 
 three or four dollars in paper for one dollar in real money, the curren- 
 cy becomes inflated, and the nominal amount of money is increased, 
 producing an unnatural nominal rise in prices, until the banks lose 
 their credit. It then has the effect of reducing the amount of the 
 currency below the amount of gold and silver originally in the 
 country ; because the issue of paper money always drives gold and 
 silver from the country, and prevents the influx of gold and silver 
 into the country. 
 
 Perhaps it is an idea not unworthy of consideration, that if a 
 country commences banking, and the issue of paper money, on a 
 
51 
 
 gold and silver capital uf one hundred millions, and increases 
 the nominal amount of money in the country, from one hundred 
 millions to four hundred millions, by the issue of four dollars in 
 paper for each dollar in gold and silver in their vaults, the people 
 really think themselves rich, in proportion to the amount of money 
 nominally in the country; and being disposed to expend a certain 
 portion of their wealth in the purchase of foreign commodities, they 
 buy a much larger portion of those commodities than they would 
 otherwise do, the system begetting national extravagance. Foreign- 
 ers will only take their pay in gold and silver, or the produce of the 
 country; so I tliink it is very evident, an inflated paper currency has 
 a tendency to drain a country of its gold and silver, and to impoverish 
 the people 'by producing national extravagance. I remember an 
 occasion when the paper money was inflated to such a pitch, that 
 prices rose nominally so high that wheat was imported into the city 
 of New York, from Europe, although the United States had a large 
 surplus of the article to spare and to export. Such a state of things 
 could not last long; a terrible monetary convulsion soon came upon 
 the country, and reduced the currency at the rate of from five or 
 six dollars to one dollar. A much greater change than could possi- 
 bly take place, if paper money were at once abolished by laAv, and 
 fold and silver were to become the only circulating mediums of the 
 country. 
 
 Great monetary convulsions are, however, only portions of the 
 evils of banking and paper money. Perhaps the people would like 
 to know on what foundation this circulating medium rests, which 
 they receive and pass as money. The banks lend their notes, almost 
 exclusively, to the merchants, and receive the notes of the merchants 
 in exchange for them. I shall now proceed to examine the situa- 
 tions of the merchants ; I shall begin with Boston. It is stated, 
 that during a long period of years, ninety-five out of one hundred 
 of the merchants on Long Wharf, in Boston, have either failed or 
 died poor. John S. Skinner stated, (and no man was better in- 
 formed on the subject,) that ninety-eight out of one hundred of the 
 merchants of Baltimore have failed. Judging from those statements, 
 it is more than probable that a large majority of the merchants in 
 our large commercial cities are always hopelessly insolvent. They 
 frequently continue in business, and weather the storm for years 
 after they are in a state of insolvency, which renders all hope of 
 recovery almost impossible. They do not all fail at once, although 
 
52 
 
 every year usually witnesses the failure of a considerable number 
 of them. Inasmuch as the banks generally require an endorser, 
 and both drawer and endorser seldom fail at the same time, unless 
 during some great commercial convulsion or pressure, those banks 
 which are prudently conducted are generally the last to lose, al- 
 though they often meet with losses, which finally produce their 
 own insolvency. 
 
 Now, I would ask, are the people really aware, when they receive 
 a bank note as money, that they are receiving an obligation really 
 not as safe as the note of a solvent neighbor would be? — and is it 
 right, or reasonable, or just, that the money of any country should 
 rest on a foundation so unstable, even leaving out of the considera- 
 tion the obvious danger, that banks may by a general panic and 
 alarm be compelled |to suspend specie payments, and their notes 
 become wholly inconvertible into specie. Even that portion of the 
 writers on Political Economy who advocate, or at least palliate and 
 excuse banking and paper money, demonstrate that the laborers 
 and property holders of a country could procure the same amount 
 of gold and silver for their labor or property, which they receive 
 in bank notes for their labor or property, dollar for dollar, and 
 that they would then have a commodity which would possess an 
 intrinsic value. They demonstrate, in fact, that the issuers of paper 
 money are the only gainers by the transaction. They have a the- 
 ory, that the nation in the aggregate is a gainer by the issue of 
 paper money; because, they say, that by substituting paper money 
 for gold and silver, the nation is enabled to spend its gold and silver, 
 which has an intrinsic value, in purchasing commodities from the 
 rest of the world, and is enabled to supply its place with paper, 
 which has not any intrinsic value, and which, according to their 
 theory, adds so much to the national capital. They, however, ad- 
 mit that if other nations adopt the same course, with regard to the 
 issue of paper money, there is not then any gain, even in a national 
 point of view. 
 
 It is now well known, that nearly all civilized nations have re- 
 course to paper money, as a substitute, to a certain extent, for gold 
 :ind silver. Consequently, according to their own theory, there is 
 no longer any profit in the transaction, unless we derive an advan- 
 tage by the issue of paper money over barbarous nations, who do 
 not use that commodity. It must be admitted, however, that this 
 delusive idea of holding their own with the rest of the world, and 
 
53 
 
 of issuing paper money to prevent a neigliboring state or country 
 from making them pay interest on foreign paper money, (which is 
 an article without intrinsic value,) has had a great influence in mis- 
 leading our rulers on the subject of banking. I shall endeavor to 
 show that this ingenious theory is without a solid foundation. In 
 former times, in our large cities, before banking was introduced or 
 had got thoroughly imder weigh, business was much more generally 
 prosperous, than it has been since the introduction of banking, or 
 since it has got fairly under weigh. I believe a statistical examina- 
 tion of the subject would show that five large fortunes were accu- 
 mulated at that time, in proportion to the population, for one 
 accumulated now; and that five small fortunes were accumulated, 
 in proportion to the population, for one accumulated since the intro- 
 duction of banking, or since banking has thoroughly infused itself 
 into the business of the community. An examination of the state 
 of the business communities, in those countries that have no banks, 
 and whose business men do not receive bank accommodations, at 
 the present day, will show nearly as great a difference in point of 
 solvency and in point of prosperity, between those communities as 
 has been suggested above. 
 
 Wherever they have banks or bank accommodations, there are 
 large numbers of bankruptcies among the merchants and business 
 men, and very few of them are successful in accumulating wealth, 
 or even an independence ; on the contrary, where there are no 
 banks, or bank accommodations, the very reverse is the ease; 
 there are few bankruptcies among the business men, and many of 
 them are prosperous. Where business is in a wholesome and natu- 
 ral state, and not stimulated and disorganized by banking, prosper- 
 ity is the usual reward and natural result of industry, attention, 
 skill and economy. If I am asked to point out the precise ways in 
 which the losses occur, I will answer, that the banking system is so 
 interwoven with the private operations of life, that it cannot be done. 
 
 It is admitted by the ablest and most thoroughly informed men, 
 that to ascertain how the great masses of mankind live, has always 
 bafiled the most acute, powerful and well-informed intellects. I 
 take it for granted, however, that the actual general results ought 
 to be satisfactory demonstrations ; namely, the prosperity of the 
 business men, where there are no banks, and where they do not 
 possess banking facilities, and the fact, that where they do possess 
 banks and banking facilities, business is no longer steady and pros- 
 
54 
 
 perous. The operations of private life, are so various, minute and 
 intricate, that to point them all out, with clearness and certainty, 
 is beyond the reach of any intellect, however penetrating, or any 
 information, however minute and full. 
 
 It is of course, impossible to point out all the various, minute and 
 intricate operations of banking, on society ; it is so connected and 
 interwoven with the various minute and intricate operations and 
 movements of private life. If it is an advantage to a country to 
 accumulate capital, I think I can show that banking does more to 
 waste capital, and to prevent its accumulation, than any other cause. 
 hi the first place, it destroys the profits of business, and causes a 
 waste and loss of the capital employed in business, by over compe- 
 tition, thrusting vast numbers of men into business on fictitious cap- 
 ital, who generally, not only waste and lose the capital placed in 
 their own hands, but cause the legitimate portions of the business 
 community to lose their capital, also, by destroying the profits of 
 business ; they soon become insolvent themselves, and ruin their 
 legitimate competitors in business, by selling their goods at less than 
 cost, for the purpose of raising money, to meet their notes with 
 punctuality, not having anything of their own to lose, they do busi- 
 ness with a desperate, gambling, carelessness, that no one can form 
 any adequate conception of, who has not witnessed it. In the next 
 place, families who inherit their resources in bank stocks, frequently 
 lose the accumulations of their ancestors and their own accumula- 
 tions, by the failures of those concerns. 
 
 The late bank of the United States, swept away, no less a sum 
 than thirty-five millions of dollars at once. Men who have capaci- 
 ties which enable them to accumulate fortunes, frequently lose them 
 by investing them in bank stocks ; their minds are unable to follow 
 the comprehensive, minute and intricate operations of the system, 
 and they will, through boards of directors, lend their funds to men 
 that they would not trust in their private capacities. I believe that 
 the people of the United States, arc the most energetic and indus- 
 trious people in the world; and that their earnings are greater in 
 proportion to their numbers, than the earnings of any other people, 
 and would be preserved with more economy, than the earnings of 
 any other people , and that their accumulations of capital would be 
 greater in proportion to their numbers, than those of any other 
 people, if those earnings and those accumulations of capital were 
 not wasted by the banking system, and the consequences which the 
 banking system produces. 
 
55 
 
 The banking system appears to devour with increasing, remorse- 
 less and insatiable voracity, the accumulations of capital, and the 
 wages of labor. Wherever it is established, the rich and substantial 
 business men soon disappear, to be replaced by bankrupts and 
 swindlers. If the men of capital manage to retain their property 
 for life, it is generally lost in business by their descendants. It is 
 much to be regretted, that those families in the United States, who 
 inherit property, should be stimulated by a species of ambition, to 
 engage in commercial and manufacturing pursuits. Commercial and 
 manufacting pursuits, could generally be conducted with more pru- 
 dence and safety, by men who have had their wits sharpened by the 
 experiences of poverty in early life. Agriculture is the safest em- 
 ployment for those who inherit fortunes, and if they were to bring 
 their good educations, refined manners, and kind, social habits, into 
 agricultural society, they would greatly elevate the moral and intel- 
 lectual standards of our people, and give prodigious impulses to 
 civilization and humanity. They could generally invest their capi- 
 tal safely and profitably in agriculture, while such occupations 
 would afford the educated and the refined, opportunities of raising 
 their families in health and strength, and with habits of virtue and 
 industry, which would go far towards securing their future inde- 
 pendence and happiness in life. How very difi"erent the fates of 
 most families who inherit property, would be, if they were to adopt 
 that course, instead of pursuing the professions or commerce. 
 
 But what are now usually the fates of families who inherit large 
 estates? One brother perhaps, goes into commercial or manufac- 
 turing business, gets involved, becomes insolvent, and having 
 become callous by his constant habit of deceiving the public, with 
 regard to his circumstances, under the credit system, winds up, by 
 involving often, his whole family in ruin, as endorsers, securities, or 
 creditors. How often docs a father or rich relative, pay for his 
 liberality in starting a son or nephew in business, by the loss of his 
 whole fortune, while, if the same biped had been put to farming, he 
 would probably have rejoiced the hearts of his ancestors, by his 
 success, and would probably have raised a virtuous and healthy oiF- 
 spring, in prosperity and comfort, to gladden their old age ; while 
 if he marries at all, as a business man, it is more than probable, 
 they would see himself and his children a species of half paupers 
 and be compelled to leave the world, beholding their descendants in 
 that most melancholy and hapless predicament. 
 
56 
 
 I am sensible that refinement does not always accompany wealth; 
 rich families are sometimes very rough and brutal in their manners 
 and in their intercourse with society, and poor families often evince 
 a. great deal of refinement and good feeling. Refinement, however, 
 generally accompanies good educations, and families that do not 
 enjoy such advantages will seldom retain their refined and kind 
 social habits long. There is a great deal of refinement in all our 
 county towns and large cities ; it is, however, generally confined to 
 the educated classes, or the families of the educated classes; for 
 instance, the lawyers, doctors and clergymen are generally men of 
 education and refinement, and their families are generally well edu- 
 cated and remarkable for refinement and kind social feelings in their 
 intercourse with society. Formerly, the leading politicians and their 
 families exhibited a large share of refinement and of kind social 
 feeling in their intercourse with society. The families of the 
 aforesaid classes usually receive educations quite as good as the 
 educations received by the families of the rich; and in addition, en- 
 joy the advantages of the advices and examples of educated and 
 refined parents. But the truth is, that the educations received by 
 the young people are only primary educations, and unless improved 
 by a judicious course of reading afterwards, will be of little value, 
 and will give them but small portions of useful knowledge. Useful 
 information, however extensive, never works right without a good 
 primary education. It is absolutely necessary, therefore, that peo. 
 pie should receive good primary educations on which to build or 
 acquire extensive useful information. 
 
 A commercial paper in Cincinnati published an article not long 
 ago in which it was shown by statistics, that the whole race of mer- 
 chants disappear in twenty years. This statement confirms my 
 conjecture that a large majority of the merchants in our large cities 
 are at all times hopelessly insolvent. This statement will not appear 
 so incredible to the community when they reflect that insolvent mer- 
 chants generally linger on in a state of hopeless insolvency for 
 years before they finally fail. There are so many facilities for buy- 
 ing goods on credit, and selling them for cash in an underhand way 
 at less than cost, that they often manage to continue to make prompt 
 payments until, with a debt of, perhaps, fifty or one hundred thou- 
 sand dollars hanging over them, they finally fail, without having met 
 with any extraordinary disasters, and are really unable to pay twen- 
 ty cents on the dollar of their debts. Some of them fail for sums 
 
amounting to half a million, or even a million of dollars. T\Yenty 
 or thirty thousand dollars is considered a small failure. There is a 
 general impression that swindling is almost universal on such occa- 
 sions, and that they almost always manage to conceal something 
 from their creditors. As a general rule, I have no doubt this charge 
 is true ; it is equally true, however, that the amounts thus concealed 
 are generally so small, that insolvent debtors, with few exceptions, 
 are soon reduced to extreme poverty. 
 
 I hope I shall succeed in showing the community that the evils 
 which the banking system brings upon the community aie so numer- 
 ous that, notwithstanding their rooted prejudices in favor of that 
 system, they may be induced gradually to..abandon it; more espe- 
 cially when they reflect, that the ablest advocate of banking has 
 shown that tliey give quite as much of their labor, or produce, or 
 property for a five dollar note, as they would give of their labor, or 
 produce, or property for five dollars in gold or silver; and that 
 no human being is benefited, except the manufacturers of paper 
 money. I am persuaded that even the manufacturers of paper 
 money are not gainers by the business, and that they might employ 
 their time and their talents in some other occupation, with more 
 profit to themselves and in ways much less injurious to the commu- 
 nity. The banking system aifects the prosperity of the business 
 community every where throughout the United States, to some ex- 
 tent. Where they have no banks, the store keepers usually receive 
 credit from merchants, who are accommodated by the banks ; and 
 this circumstance, although it does not entirely destroy the profits 
 of business, where they haye no banks or direct banking facilities, 
 diminishes those profits, and renders business less certain and steady 
 than it was formerly, before the banking system had been introduced, 
 or had got fairly under weigh. I think it can be demonstrated that 
 the merchants lose more than they make, take them in the aggre> 
 gate, where ever the banking system has got fairly under weigh. We 
 will consider, for example, the Baltimore calculation, namely: that 
 ninety-eight out of every hundred fail ; on an everage, they have lost 
 at least twenty thousand dollars each, either of their own money 
 or of the money of others; some greatly exceed that amount, others 
 fall short of it; (I think I have placed the average too low;) that 
 would make a loss of nearly two millions of dollars ; a larger sum, 
 I venture to say, than the two successful merchants have made. 
 And be it remembered, that in this calculation I have not made anv 
 
 8 
 
68 
 
 allowance for the loss of time and labor, on the part of the unsuc- 
 cessful merchants. The demoralizmg tendency of the system is 
 most appalling; those merchants, almost without exception, are 
 largely in debt and a vast majority of them insolvent; and men who 
 are deeply in debt, and particularly those who are insolvent, are 
 constantly in the habit of misrepresenting their circumstances to 
 their creditors and to the public. Who ever heard of a merchant 
 (although he might for years have known he never could pay one 
 dollar for every five he was in del)t) acknowledging, either to his 
 creditors or the public, that he was unable to pay his debts, until the 
 final catastrophe had arrived, and he had actually failed? It is well 
 known to every person acquainted with the subject, that the mer- 
 chants are every day in the habit of practising gross frauds upon 
 the community, with regard to their circumstances. Those practices 
 soon undermine the moral and religious principles and honorable 
 feelings of men, and their bad examples have a tendency to corrupt 
 all who associate and deal with them, in the same way. I have 
 already made an estimate that a large majority of the merchants in 
 our large cities arc at all times hopeless bankrupts; although the 
 public are probably aware that there are many insolvents among 
 them, they are unable to discover who are insolvent. If the insol- 
 vent merchants were generall/ known to be so, it would, of course, 
 destroy their credit at once. 
 
 It may be alleged that some of these remarks may apply to the 
 credit system as well as to the banking system, and that large por- 
 tions of the evils complained of, are directly caused by the credit 
 system. There is probably some truth in this conjecture, and yet 
 I am inclined to think that the credit system would settle down into 
 a very rational and useful system for society, if it was not greatly 
 stimulated, aggravated, and increased by the banking system and 
 paper money, particularly by the banking system. The foregoing 
 calculations show how very unfortunate it is for our people, that 
 such vast numbers of them engage in commercial pursuits. I ven- 
 ture to say that seventy-five out of one hundred of those men who 
 fail in business, would have made judicious and successful farmers 
 on the same amount of capital which they took into business and 
 lost. We will say that on an average they took two thousand dol- 
 lars each into business. We will suppose the same men to have 
 gone west, and to have purchased, we will say, one thousand acres 
 of land each, at government prices, namely, one dollar and twenty- 
 
59 
 
 five cents an acre. The remainder of the two thousand dollars 
 would be sufficient to put up buildings, stock the farm, and clear 
 enough land to support a family. We will suppose the men to have 
 good lands, situated in a good region for health and fertility of soil. 
 Surrounded by such circumstances, it is probable that in ten years, 
 their farms would be worth twenty or thirty thoasand dollars each; 
 whilst those who might happen to locate where a town would spring 
 up, would make large fortunes. 
 
 The great masses of those men who fail in business, are not by 
 any means destitute of the necessary prudence, industry and discre- 
 tion, to enable them to make good farmers. Indeed, habits of in- 
 dustry and economy, and good management, are so essential to 
 credit, that very few of the merchants in our large cities are so des- 
 titute of those qualities, as to render them incapable of making 
 good and successful farmers. The truth is, that business has got 
 into such a state in our large cities, that the leading object of the 
 great mass of the merchants is nol to gain, but to get into debt, 
 and to keep up their credits, by punctual payments, finding all 
 hopes of profit and gain at an end, they buy all they can on credit, 
 without going so deep as to endanger that credit, and sell before 
 their notes become due, generally in some underhand way, at less 
 than cost, until at last the concerns become perfect shells. It is 
 really surprising, what an amount of ingenuity and industry some 
 ■ of them exhibit during the periods of insolvent financiering, the 
 same amount of ingenuity and industry, if applied to agriculture 
 would have led to wealth and independence, a result very different 
 from that of wasting their time, their labor, and their money, 
 together with twenty thousand dollars worth of the property of 
 others. 
 
 John S. Skinner, says, they are fortunate who fail when young. 
 The New York Herald stated, that five hundred millions of dollars 
 were wiped out by the bankrupt law of 1841. I venture to say, 
 that more than four hundred millions of those bankruptcies were 
 caused by the banking system ; an enormous sum to be abstracted 
 from the property and labor of the country, by men who have not 
 only wasted their time in useless occupations, but who have literally 
 employed themselves in robbing and plundering the community; 
 working as hard, and spending as much capital and labor at their 
 nefarious pursuits, as would have raised them to comfort and inde- 
 pendence, in occupations not only not injurious, but useful to the 
 
60 
 
 community. It would certainly have added greatly to the national 
 wealth, if the men who wasted four hundred millions of dollars, had 
 even supported themselves and their families ; hut the probahility is 
 that they would not only have done so, hut would have added con- 
 siderably to the national wealth, had they not been led into error, 
 by the banking system. 
 
 It is probable that many of those unfortunate persons could have 
 succeeded, quite as well as mechanics or laborers, as they could 
 have succeeded as agriculturists. It has been demonstrated beyond 
 all hope of successful contradiction, that the banking system produ. 
 ces the great monetary convulsions which occur in the United States, 
 and it can be demonstrated with equal certainty, that those great 
 monetary convulsions produce popular clamors for stay laws, so 
 strong, that the majority of legislatures are unable to resist them. 
 (The constitution of the United States declares that no State shall 
 pass a law, impairing the obligation of contracts.) Now, what is 
 the obligation of a contract ? It is the binding force which the law 
 gives to the stipulations, into which two or more persons enter, 
 when forming a contract with one another. To what do the par- 
 ties look, when they enter into a contract with one another ? To 
 the rights which the law gives them, and to the remedies which the 
 law gives them. They look to both the rights and the remedies 
 which the law gives them, without distinguishing between those 
 rights and those remedies. For instance, if A gives B his prom- 
 missory note for fifty dollars, for valuable consideration, he reasons 
 thus; now, if I do not pay this note when it becomes due, B can sue 
 me, and in such a time, by certain evidence, procure a judgment 
 against me, and at the expiration of such a time, he can issue an 
 execution and levy on, and sell any property which I may possess, 
 which the law would at this time make liable to levy and sale, if a 
 man had a judgment against me for such an amount, and an execu- 
 tion out on such judgment. B reasons in precisely the same way, 
 that he will have precisely such remedies against A, as A has anti- 
 cipated, if a case should arise that would make it necessary to use 
 them ; both look to their legal rights and legal remedies alone, as 
 the standards by which their contract is regulated, and not to any 
 vague and indefinite system of moralit3^ 
 
 Now, is it not manifest, that any law which changes the remedy 
 violates the obligation of the contract? I am aware, that Chief 
 Justice Gibson, has said, that the legislature may not only change 
 
Gl 
 
 the remedy, but may take the remedy away entirely. If this were 
 the correct construction of the aforesaid clause of the constitution 
 of the United States, it would he perfectly nugatory, and utterly 
 worthless, it would, indeed, be an insult and a mockery to our un- 
 derstandings. Of what earthly value would B's obligation against 
 A be, if A were dishonest and would not pay without compulsion, 
 and B could not have a legal remedy ? We will suppose another 
 case, that A were the tenant of J3, of a farm, and that the legisla- 
 ture were to take away the right of B to enforce the collection of 
 the rent by law, and were to deprive B of the right of removing 
 him from the property, by legal process, I would be much inclined 
 to think A's title to the property the best of the two, for all prac- 
 tical purposes. 
 
 It is true, that according to the doctrines of the Supreme Court 
 of Pennsylvania, a species of legal right would exist in B to the 
 property, which the legislature have the power of giving him a legal 
 remedy to enforce, although no such remedy might exist at the 
 present time. It is a well settled doctrine of the law, that there is 
 no such thing as a legal right without a legal remedy. I think it is 
 very manifest, that the parties never regard the vague and indeJB- 
 nite principles of morality, as having anything to do with the obli- 
 gation of the contract which they form with one another ; as I have 
 stated already, they look to their legal rights and legal remedies 
 alone, when entering into a contract with one another. It may be 
 alleged by some people, that they anticipate the right of the legisla- 
 ture, to change their remedies. If that argument were true, it 
 would be the legislature that would make the contract between them, 
 and not the parties themselves, a doctrine that every lawyer will 
 admit to be wholly unsound and untenable. Is it not perfectly 
 manifest, that any law changing or taking away the remedy is quite 
 as much a violation of the obligation of the contract as taking away 
 the right would be? 
 
 I am persuaded, people generally do not appreciate the vast im- 
 portance to civilization, of preserving the rights of property invio- 
 late. An examination of history will show, that civilization is 
 founded on protection to the rights of property; and a savage state 
 of society on principles the very reverse. It certainly never was 
 intended by the framcrs of t^e Constitution of the United States ,that 
 the stipulation which prohibits any State from passing a law impair, 
 ing the obligation of a contract, should be void, or what amounts to 
 
Q) 
 
 62 
 
 the same thing in substance, -wholly nugatory. I think I have 
 shown, that to allow the States the privilege of changing the reme- 
 dy, is to allow them the power of rendering the contract utterly 
 useless for all practical purposes. How ridiculous it would be, to 
 tell a man he had a right but no remedy? How absurd to point out 
 to a man a valuable farm, and to tell him he is the owner of it, 
 but that he cannot procure possession by process of law, or any 
 compensation for the use of it? 
 
 The framers of the Constitution of the United States were sen- 
 sible of the vast importance of preserving the rights of property 
 inviolate. They knew that constitutional liberty, and a well-ordered 
 and happy state of society, could not exist, if those rights were not 
 preserved inviolate. It is absolutely certain that we shall lose our 
 civilization and become savages, if those rights are not preserved 
 inviolate. Every attack, made directly or indirectly, on the 
 rights of property, is a step towards barbarism. I think I have 
 shown, that stay laws, passed after the contract is entered into, 
 contain a principle that will gradually and effectually destroy the 
 rights of property; and that the Supreme Court of Pennsylvania 
 have sanctioned a doctrine that will insidiously, but gradually and 
 effectually, destroy the rights of property. It would be equally 
 destructive of the rights of the parties, if the legislature were to 
 deprive them of the right to levy on and sell any property which 
 was liable to levy and sale, at the time the contract was entered 
 into. If the evil which joroduces the great monetary convulsions in 
 the United States, should not be removed, State legislatures will not 
 resist the popular clamors for stay laws, on such occasions; and 
 State judiciaries cannot be relied on to resist the popular clamors, 
 on such occasions, for a decision sanctioning the constitutionality of 
 such laws. It is much to be feared, indeed, it is almost certain, that 
 the Supreme Court of the United States will yield to the storms, on 
 such occasions, if we do not, by gradually destroying the banking 
 system and paper money, lessen the force of such tempests. 
 
 If we do not gradually get rid of the banking system and paper 
 money, the constitutional guaranties for our rights of property will 
 be a mockery and a delusion. By paper money I do not mean 
 paper money issued on the principle of the bank of Amsterdam. 
 Tlie experience of the world has shown, that paper money, if issued 
 in large quantities, on any other security than one dollar in gold or 
 silver deposited for every dollar of paper issued, to be drawn at 
 
Ob 
 
 pleasure, is always sure to bring about great monetary convulsions, 
 and national and individual bankruptcies. If paper money is issued 
 on the security of a government, or of real estate, it will not mend 
 the matter. If paper money is issued to excess, it will depreciate, 
 until it is no longer of any value Avhatever. The great natural rights 
 guarantied to us by our constitutions and bills of rights, were re- 
 garded as great fundamental principles of the law, by our ablest 
 jurists and jstatesmen, and by the ablest jurists and statesmen of 
 England, long before our constitutions and bills of rights had an 
 existence. Those constitutions and bills of rights were intended 
 to render more definite and certain, rights which had long been 
 practically enjoyed, and which had been regarded by the soundest 
 lavvyers and statesmen as inalienable rights, which no earthly au- 
 thority had the power to take away or impair. 
 
 Judge Story, in his Avork on the Constitution, has stated that a 
 convention, assembled for the purpose of framing a constitution, 
 has the power to violate any of those great natural rights ; he, 
 howe\:er, at the same time admits that it would be an act* of tyranny 
 and injustice on the part of a convention to do so, although he con- 
 tends that a convention has the legal right to commit those acts of 
 tyranny and injustice, if it chooses to do so. It is greatly to be 
 regretted that Judge Story's work on the Constitution has found 
 such genferal circulation with the profession of the law. I admit 
 that the work contains a laro;e amount of useful information ; vet 
 the information which it contains cannot jialliate or excuse the mis- 
 chief caused by impressing so infamous a doctrine on the great 
 masses of the legal minds of the country. It is true that a perusal of 
 the Reports of the Supreme Court of the United States would rectify 
 the mischief which Judge Story has done ; but, unfortunately, only 
 small portions of the professsion extend their researches on that 
 subject beyond Judge Story's work. The common sense of the 
 community repudiates, with horror, this infamous doctrine of Judge 
 Story. Tell any man, when a conventioii assembles to frame a 
 constitution, that it has the power to deprive him of his farm or of 
 his life, without the commission of a crime, or to make him a slave, 
 and he will repudiate and deny the doctrine with indignation and 
 horror; and I think I am safe in saying, that nearly the whole 
 community would unite with him in the expression of such senti- 
 ments ; and yet that is precisely the doctrine for which Judge Story 
 contends. The common sense of the community views the question 
 
64 
 
 precisely as our ablest jurists have viewed it, namely, that neither 
 convention, legislative body, nor any earthly tribunal, or authority 
 whatever, has the power legally to deprive us of any of our great 
 natural rights. 
 
 The opinion of Judge Story on another great question, renders 
 it evident to my mind, that but little reliance is to be placed on the 
 frankness and sincerity of his opinions on questions of constitutional 
 law. A law having been passed by the national government, for a 
 new organization of the judiciary, it had the effect of depriving 
 some of the judges of their offices; whereupon Judge Story con- 
 tends most lustily, that the law was a violation of the Constitution, 
 and that the government, at the very least, should have paid the 
 judges their salaries for life. Now, it so happened that the latter 
 doctrine was popular with the leading members of the bar and the 
 judiciary, although not acknowledged by them as sound law, and it 
 was precisely those men who purchased Judge Story's works, and 
 who recommended them to the profession of the law. It is proba- 
 ble that he had motives equally cogent and honorable, for advocating 
 the unlimited power of conventions. 
 
 I scarcely know what a reader, who is not a lawyer, will think of 
 a judge who contended that the government had no right to deprive 
 judges of their salaries, when they chose to abolish the offices which 
 said judges held, and which the Constitution gave them the power 
 to abolish or create, as they might deem politic and wise. The 
 judge contended that the government was bound to pay them their 
 salaries for life, although the constitution did not contain any pro- 
 vision to that effect ; and yet the same judge contended, that a con- 
 vention assembled for the purpose of framing a constitution, had 
 the power to deprive a man of his life, or liberty, or property, and 
 that the action of said convention, in the premises, would be legal, 
 although unjust. So it would seem that life and liberty and prop- 
 erty, Avere but dust in the balance, when compared to the life 
 tenures of judges, and the salaries necessary to support them in 
 comfort and independence. 
 
 This doctrine of Judge Story, strikes at the A'^ery roots of civil 
 liberty and vested rights, and has always been denounced by the 
 most able and upright constitutional lawyers and judges, both of 
 England and the United States. Liberty or good government can- 
 not exist in any country, where there is a power which can success- 
 fully assail any of the great natural rights of the people. It is 
 
65 
 
 easential to the protection of the rights of the people, under a gov- 
 ernment like that of the United States, that the doctrine for which 
 I contend, shall be acknowledged to be sound and true, by all great 
 parties, in the State, and by the overwhelming voice of public 
 opinion. The very fact, that Judge Story contended for the two 
 doctrines mentioned, would have destroyed all conGdence in his 
 integrity ; in my mind, it would be impossible to convince me that 
 any learned and able constitutional lawyer, ever believed both of 
 those doctrines to be correct ; such a man might have believed one 
 of those doctrines to be correct, although, I think even that propo- 
 siti ^n very questionable. The respective doctrines are so com- 
 pletely the antipodes of legal conservatism and of legal radicalism, 
 that I cannot believe that the same mind could possibly think tliem 
 both accurate. It will be no longer necessary, that the national 
 government shall set the States a bad example in the way of char- 
 tering banks. 
 
 The only ground on which the supreme court of the United States 
 sanctioned the constitutionality of a national bank was this, that it 
 was necessary for the purpose of enabling the government to exer- 
 cise other powers, clearly granted by that instrument. The expe- 
 rience of the country ever since the expiration of the charter of the 
 last national bank, has clearly shown that a bank is not necessary 
 for that purpose ; consequently, a national bank is no longer consti- 
 tutional. It is greatly to be lamented that the people will continue to 
 sanction, on the part of their government, a system which has brought 
 so many misfortunes upon them, and which continues to bring so 
 many misfortunes upon them, and which does not offer any substan- 
 tial advantage in return. An argument, and one of the principal 
 arguments, in favor of banking and paper money is this, that there is 
 not a sufficient quantity of gold and silver in the world with which 
 to carry on the business transactions of life in their present mag- 
 nitude, without producing a dangerous depreciation in the nominal 
 value of property. If the whole civilized world were at once to 
 adopt the gold and silver standards and to abolish paper money, it 
 would, undoubtedly, seriously affect the nominal value of property; 
 but, if they were to do so, it would not depreciate the value of pro- 
 perty as seriously as one of our great monetary convulsions; and 
 there would be this important difference between the calamities, 
 that the calamity brought on by the adoption of gold and silver as 
 the only money of the country, would occur only oace, and ever 
 
 9 
 
66 
 
 afterwards, so long as we possessed a civilized government, the mon- 
 etary transactions of the country would proceed with regularity, 
 and without any great or general convulsion. Under a currency 
 exclusively of gold and silver, hundreds of men, nay, thousands of 
 men who are now ruined, when overtaken hy one of our great mone- 
 tary convulsions, would be able to manage their business success- 
 fully. Some of our ablest statesmen and political economists are 
 in the habit of charging the merchants and speculators with bring- 
 ing on their own misfortunes by wild and improvident speculations, 
 when the fault, in reality, rests with the government. 
 
 The people of the United States are eminently calculated to man- 
 age their business transactions with prudence and success ; but the 
 human intellect is incapable of protecting its own interests under 
 a system, the workings of which are so various, complicated and 
 secret. Even the most acute, powerful, and well informed intellects 
 cannot protect themselves under such circumstances. It is the 
 business of great statesmen so to frame the laws and institutions 
 of society, that men of reasonable capacity, intelligence, and pru- 
 dence can conduct their business safely and successfully. 
 
 Notwithstanding all the clamours which have been raised that 
 there is not an adequate supply of gold and silver for the business 
 transactions of the country, I venture to say that if our state gov- 
 ernments would adopt and firmly persevere in the policy of gradually 
 abolishing the banking system and paper money, that when the final 
 consummation would arrive, the efi'ect would not have been precept- 
 ible on the rights of debtors and creditors. The evil would have been 
 got rid of forever, and the business transactions of the commercial 
 community would no longer be characterized as possessing the des- 
 perate hazards of the gaming table or the lottery, and we might hope 
 that the rights of property would be free, in future, from the insid- 
 ious attacks of stay laws. 
 
 I have thus endeavored to point out some of the evils of the 
 banking system and paper money. I have stated that the ablest 
 advocates and apologists of that sj'stem declare that no one is ben- 
 efited by it, biit the manufacturers of paper money. Probably the 
 only ones really benefited are the cashiers, presidents and clerks, 
 who generally receive large saleries for their services in attending 
 to those institutions. I think it can be shown that banking is a 
 losing business for the great mass of stockholders. Bank directors 
 do not lend money with as much prudence and care as private 
 
67 
 
 individuals. If the evil effects wliicli the banking system produces, 
 directly or indirectly, on the property or morals of the community, 
 could be pointed out ■with clearness and certainty, all intelligent 
 statesmen would be appalled at the spectacle. There are, however, 
 great numbers of those evils that it will always be found impossible 
 to point out with precision, minuteness and certainty ; for the rea- 
 sons formerly stated, namely: that it has always baffled the most 
 acute, powerful and well informed minds to ascertain how the great 
 masses of mankind live, and that the secret workings of private 
 life are beyond the reach of any intellect, however penetrating, or 
 any information, however minute and full. If the opponents of the 
 banking system and paper money succeed in abolishing those evils 
 in our country, we shall soon be able to point out their disastrous 
 effects by the increased prosperity and steadiness of business in 
 general, and the gradual and certain increase of capital, until it 
 will answer fully, all the wants of a highly civilized society. A pru- 
 <lent man will then be able to purchase a farm partly on credit, 
 and not be in danger, after he has paid three- fourths of the purchase 
 money, of having the whole property swept from him for the bal- 
 ance, during one of our great monetary convulsions. 
 
 I would impress on the minds of our statesmen and the public at 
 large, a fact which appears very evident to my mind, that the union 
 of these states is in greater danger from the banking system and 
 paper money than from any other cause. If the banking system 
 and paper money should not be abolished, the unconstitutional stay 
 laws, passed during our great monetary convulsions, will finally 
 undermine and destroy the constitution of the United States by 
 depriving the supreme court of the United States ot the power of 
 protecting the rights of property, guaranteed, by the constitution. 
 But the mischief will not end there ; it will finally destroy our civ- 
 ilization. As to our liberty. Lord Mansfield has said, and never was 
 saying more perfectly just and true, that "liberty cannot exist in 
 any country where justice is not alike administered to the king and 
 to the beggar.^' If creditors are to be deprived of their property 
 by stay laws, or laws exempting property from sale on execution, it 
 would be adding insult to robbery to talk to such men about their 
 liberty or their rights. It would not be a greater act of tyranny on 
 the part of a government to take property directly from a man, than 
 to legislate it from him to his neighbor, by virtually depriving him 
 of all power of obtaining the use or possession of it. 
 
68 
 
 In 1812, Mr. Van Buren was elected to the senate of Nctt 
 York, from the middle district; after a violent contest, in -which 
 Edward P. Livingston was his competitor; a man who received the 
 support of the bank democrats, and of the whole federal party of 
 the district. Mr. Van Buren's majority was only about two hun- 
 dred in a mass of twenty thousand votes. De Witt Clinton had 
 been nominated for President of the United States in the spring of 
 1812, by the democratic members of the legislature of New York, 
 before Mr. Van Buren was elected a member of that body; and in 
 November, 1812, the legislature, of which Mr. Van Buren was a 
 member, met for the purpose of choosing presidential electors ; Mr. 
 Van Buren voted for electors favorable to the election of De Witt 
 Clinton. In supporting the nomination of De Witt Clinton, Mr. 
 Van Buren did what honor and propriety required him to do, as a 
 representative of a portion of the democracy of New York. He 
 appears, however, to have been an open advocate of all the strong 
 measures proposed against Great Britain, during the session of 
 Congress 1811 — 12, and among those measures, he was in favor of the 
 war. De Witt Clinton received the support of some of the federal 
 members of the legislature of New Y'ork, and was the condidate of the 
 federal party in other states. These circumstances, however, did 
 not affect the standing of Mr. Van Buren with the democratic party. 
 Notwithstanding the fact that Mr. Van Buren voted for De Witt 
 Clinton for President, he gave to all the war measures a most deci- 
 ded and vigorous support. 
 
 Mr. Van Buren appears to have dissolved all political connexion 
 with De Witt Clinton at the next session of the legislature, and 
 never afterwards to have cordially resumed a political connexion 
 with him. The conduct of Mr. Van Buren in supporting the war 
 and war measures, while he at the same time voted for De Witt 
 Clinton, the anti-war candidate, for president, because he was the 
 regularly nominated candidate of the democracy of New York, 
 shows how little claim his friends can justly make in his behalf, to 
 those open-minded, manly and heroic characteristics which lead to 
 political heroism, and martyrdom if necessary, in sustaining great 
 principles. Mr. Van Buren supported Governor Tompkins for re- 
 election. In advocating the war and war measures it is probable 
 Mr. Van Buren was actuated by various motives; the ruling and 
 controling motive, however, I have no doubt was a desire to maintain 
 and strengthen his position with the democratic party, which party 
 
G9 
 
 «ustaine(1 the war. There cannot be any question that Great 
 Britain hud gi'en just cause of Avar. France, however, had com- 
 mitted acts of an equtilly hostile character. If, however, the war had 
 been unjust and impolitic, I feel assured Mr. Van Buren would not 
 have risked his standing with the democratic party by opposing it. 
 The conduct of Mr. Van Buren during his presidential term has sat- 
 isfied my mind, that he loves peace in his heart, and would, if left free 
 to follow the dictates of his own mind, never involve his country in 
 a war. Perhaps he may have entertained different sentiments in 
 his youth, and may have changed those sentiments when he had an 
 opportunity of witnessing a war and its effects. Probably he dis- 
 covered Mr. Webster's quotation to be a true one, namely : "This is 
 not the feast to which we were invited." 
 
 Mr. Van Buren is now evidently a man of peace ; he, however, 
 knew in 1812, that by supporting the war and Avar measures he 
 would confirm and strengthen his standing Avith the democratic party, 
 and that those measures, as soon as the storm was over, would receive 
 the approbation of a large majority of the people, by appealing to 
 their patriotic instincts and love of country. 
 
 Mr. Van Buren Avas appointed attorney general of New York in 
 1815, an ofiice the duties of Avhich he discharged Avith singular dig- 
 nity and propriety, and with great learning and ability. He was 
 appointed a regent of the University in the same year, by the legis- 
 lature. In 181(J he was re-elected to the senate, the term being four 
 years. In 1816, when the projects of making canals from lakes 
 Erie and Champlain to the Hudson river, were under consideration 
 in the legislature, those measures were supported Avith so much 
 ability by Mr. Van Buren, that he received the thanks of De Witt 
 Clinton, who Avas the great champion of those measures. In 1817 
 .De Witt Clinton received the support of both the great political 
 parties for governor; and, although Mr. Van Buren did not approve 
 of the nomination of De Witt Clinton by the democratic party, he 
 acquiesced in it, and gave that august personage his support. Mr. 
 Clinton received the almost unanimous votes of the tAvo great polit- 
 ical parties. The support which he received, however, from a large 
 portion of the democratic party, Avas rot cordial and sincere. The 
 union of the tAvo parties in favor of the election of Gov. Clinton 
 was caused by the part which he had taken in favor of making the 
 great Erie canal, etc. 
 
 During the War of 1812, Goa'. Tompkins and. Mr, Van Buren 
 
70 
 
 were the great political leaders of the democracy of New York ; 
 and Mr. Madison had offered the appointment of Secretary of State 
 to Gov. Tompkins which appointment he declined. This offer in- 
 duced Gov. Tompkins and the democracy of New York to suppose 
 that the national administration would regard themselves as pledged 
 to support Gov. Tompkins for President of the United States, in 
 1816. The Secretary of State was then regarded as the heir appareni 
 to the throne. The Democratic members of the legislature of New 
 York took the necessary steps to procure the nomination of Gov. 
 Tompkins for President, in 1816, but were unsuccessful. The de- 
 mocracy of New York having urged the claims of Gov. Tompkins 
 for the Presidency, Mr. Van Euren went on to Washington, to 
 second their efforts in behalf of his friend. The reader will, in 
 this conduct of Mr. Van Buren, perceive a characteristic which he 
 has often exhibited, namely, a remarkable devotion and fidelity to 
 the interests of those political friends, with whom he has been 
 brought into close personal intercourse. Mr. Van Buren has, on 
 such occasions, often exhibited a fidelity and a devotion not usual 
 among politicians, at least, not usual among politicians of the pres- 
 ent day.^ When Mr. Van Buren found he could not procure the 
 nomination of Gov. Tompkins, he appears to have awaited with 
 philosophic calmness, the result of the contest between the other 
 aspirants for the nomination. Gov. Tompkins was nominated for 
 the Vice Presidency. 
 
 Gov. Tompkins was justly regarded as the most popular man in 
 the State of New York, with the exception of De Witt Clinton ; 
 and Mr. Van Buren and his friends induced him to become the 
 opposing candidate to De Witt Clinton for Governor. Mr. Van 
 Buren succeeded in organizing the great masses of the democratic 
 party against De Witt Chnton, with Tompkins as their candidate ; 
 Clinton, however, succeeded by a majority of less than two thou- 
 sand votes. Mr. Van Buren evidently exerted himself with great 
 skill, and in some indirect ways, to procure the political destruction 
 of De Witt Clinton. Perhaps he may have been actuated by some 
 such worthy motive as Sir Robert AValpole was actuated by, in his 
 quarrel with his brother-in-law, Townshend: he said — "f was de- 
 termined that the firm should be in future, Walpole and Townshend, 
 and not Townshend and Walpole." 
 
 Mr. Van Buren frequently exhibited great ability, and often great 
 learning and research, in the speeches and documents which he 
 
71 
 
 produced wlieu a Senator of New York, and attracted and received 
 a great deal of popular applause. He also attracted the admira- 
 tion and applause of the educated and the able. A man without 
 ability might sometimes receive a large share of popular applause ; 
 I have seldom, however, known the educated and the able to ap- 
 plaud any one who did not, at least, possess ability, whatever the 
 other merits or demerits of the party might be. Although Clinton 
 was re-elected, both branches of the legislature and the Council of 
 Appointment, were decidedly anti-Clintonian. This circumstance 
 might lead people to conjecture, that if a popular candidate had 
 been selected by the democratic party, he might have defeated 
 Clinton. There is scarcely a doubt, however, that Tompkins was 
 the most popular candidate that could have been selected to oppose 
 Clinton, who had acquired a great personal weight and influence in 
 the State of New York. 
 
 This is the first instance, which has come under my observation, 
 in which Mr. Van Buren appears to have sought the defeat of a 
 political rival in an artful and round about way. I presume he 
 found the elevation and success of De Witt Clinton, as a politician, 
 inconsistent with his own success and advancement as a politician. 
 The Council of Appointment, being friendly to Gov. Clinton, re- 
 moved ISIr. Van Buren from the office of Attorney General, in 
 July, 1819. A majority of the Council of appointment, beinf 
 opposed to Gov. Clinton, in 1820, they offered to restore Mr. Van 
 Buren to the office of Attorney General; he refused, however, to 
 accept it. 
 
 Mr. Van Buren, while in the Senate of New York, concurred in 
 » resolution, passed by both houses, instructing their Senators, and 
 requesting their Representatives, to oppose the admission of Mis- 
 souri, or [any other territory, into the Union, without making the 
 prohibition of slavery therein, an indispensable pre-requisite to 
 admission. This resolution was not brought before the legislature 
 hj Mr. Van Buren, but he appears to have concurred in it. In 
 February, 1821, Mr. Van Buren was elected to the Senate of the 
 United States, by the legislature of New York, in the place of Na- 
 than Sanford, whose term of office expired in March, 1821. Mr. 
 Sanford was a democrat, and a candidate before the caucus composed 
 of the democratic members of the legislature. Eighty-two mem- 
 bers attended the caucus, of whom fifty-eight voted for Mr. Van 
 Buren, and twenty-four for Mr. Sanford. On the final contest in 
 
i'J. 
 
 the legislature, Mr. Van Buren received eighty-six votes, and Mr. 
 Sanford sixty votes. The federalists and the friends of De Witt 
 Clinton voted for Mr. Sanford. 
 
 Mr. Van Buren was elected hy the Democracy of Otsego, a 
 member o! the Convention, to revise the Constitution of New York, 
 He had advocated this measure. He was favorable to the extension 
 of the right of suffrage, and to some other changes. The Convention 
 contained many able men, and Mr. Van Buren was considered one 
 of the ablest, if not the ablest man in the Convention. Indeed, it 
 would be impossible to assemble a legislative body of statesmen, if 
 the whole world were searched for materials, in which Mr. Van 
 Buren would not be considered an able man. ' His views as express- 
 ed in his speeches, were comprehensive, statesman-like and just. 
 Mr. Van Buren, as might justly have been expected, from a man 
 possessing a mind so comprehensive and statesman-like, thoroughly 
 learned in the law, and withal, possessing extensive information, 
 pursued a conservative course in the Convention. I am persuaded, 
 that such a man could not have pursued any other course, without 
 violating every conviction of his mind. 
 
 I have seen it somewhere stated, that Napoleon regarded the phi- 
 losophers who figured so largely in the first French revolution, as 
 idiots. I confess, I think he did them justice, so far as the practi- 
 cal utility of their views was concerned, in affairs of State, they 
 were literally idiots. The writings and speeches of such men, sel- 
 dom have a dangerous influence in free countries like Great Britain 
 and the United States ; they often appeal with great force to the 
 natural reasoning powers of men ; but in Great Britain and the 
 United States, such croakers are not a novelty, and the fallacies of 
 their infallible remedies have been so often demonstrated by the tests 
 of experience, that we are seldom disposed to rely upon their pre- 
 dictions or promises. 
 
 The fallacy of relying on natural reason alone, as a guide in the 
 science of government, is so well understood in Groat Britain and 
 the United States, that such m«n seldom attain to any great power 
 and dignity among us. We are so often in the habit of placing 
 statesmen and parties in places of power, where they have opportu- 
 nities of carrying out their measures ; and their boundless predictions 
 with regard to the success of those measures, have been so often 
 contradicted, by the results of those measures, when tested, that the 
 people are disposed to receive the predictions of philosophers and 
 
73 
 
 statesmen, •with many grains of allowance. We are accustomed to 
 such promises and predictions and disappointments, from our youth 
 up. When philosophers possess comprehensive and statesman-like 
 minds, their writings on questions of State and public policy, are 
 often very valuable and instructive. 
 
 Philosophers who possess the capacities of statesmen, generally 
 express their views with a degree of frankness and fulness on ques- 
 tions of public policy, which practical statesmen are restrained from 
 imitating, by a fear of offending public opinion, or by a fear of 
 offending the authority or authorities, on which they depend for 
 their positions and power. The public, however, ought to be very 
 careful to discriminate between the views of those philosophers, who 
 possess the capacities of statesmen and the views of another class 
 of philosophers, who possess mediocrity intellects, or intellects so 
 organized, that they are incapable of taking accurate and just view- 
 on great questions of State. 
 
 I will cite some examples by Avay of illustration. Paine and L>e 
 Tocqueville rank with the mediocrity intellects. Lord Brougham 
 possesses a comprehensiveness of view, and a vigor and force of 
 reasoning, considerably above mediocrity : and the position which 
 lie occupies, gives him the power of misleading many people, by his 
 views and opinions. The views of such men, are not only useless, 
 but absolutely dangerous on questions of State and of public policy. 
 If we are compelled to listen to the doctrines, and sometimes to 
 submit to the legislation of such men, M'hen they get into public life, 
 we should use all honorable means to prevent the spread of their 
 delusive theories, with that portion of mankind who are likely to 
 carry them into practice. The views of a philosopher on questions 
 of State and of public policy, ought never to receive the countenance 
 and support of the community, unless he possesses a comprehensive 
 and statesman-like mind, of the very highest order. Ordinary pow- 
 ers of intellect should never be listened to on such questions, unless, 
 when their possessors hold positiona as statesmen, which make their 
 power felt- The field of philosophic statesman-shi]), shoidd be loft 
 to the choice and master spirits of the world. 
 
 I observed, when reading the third volume of Brougham's Uvea 
 of the statesmen, of the reign of George tlie third, that his lordship 
 eridently regarded with great complacency, the senatorial positions 
 of such men as Webster, Clay and Calhoun. Well, certainly such 
 political positions, arc very di.(;nified, and yew comfortable ftr am- 
 
 10 
 
74 
 
 bitious and statesman- like minds. I do not wish to be understood 
 as stating that his lordship actually commented on the positions of 
 those gentlemen ; it was very evident to me, however, that he re- 
 garded such a position with great complacency, and that he thought 
 that if his lot had been cast in the United States, he would have 
 occupied such a position. I admit, that we often elevate to such 
 stations, men greatly the inferiors of his lordship in intellect, yet I 
 can assure his lordship, (if this humble production should ever meet 
 his eye,) that he never could have acquired a position in the United 
 States, which would have enabled him to command and hold such 
 a station in the same way that Webster, Clay and Calhoun com- 
 manded and held such stations. 
 
 His lordship may justly regard it as his great good fortune, that 
 his lot was cast among the educated aristocracy of Great Britain. 
 The intellectual powers of Lord Brougham, may enable him to get 
 along with a portion of the educated aristocracy of Great Britain, 
 who do not know how to discriminate between such powers as he 
 possesses, and the powers of a statesman. Yet I can assure his 
 lordship, that he never could hold the position of a statesman for 
 any considerable length of time in the United States. The natural 
 sagacity of the people, would reject him. It is difficult, indeed, it 
 is almost impossible for great statesmen to get into public life at 
 this time in tlie United States. However, if a man who possesses 
 a comprehensive and statesman-like mind, and who knows how to 
 make a dignified, prudent and appropriate use of his capacity, could 
 manage to get into the Senate of the United States, for one or two 
 terms, from one of tlie small or medium sized States, he could prob- 
 ably manage to hold the reins and retain his position with a good 
 deal of strength and dignity. Such a driver, however, as his lord- 
 ship, woidd ])e sure to capsize in a short time. It is much more 
 difficult to retain such a positioi! in one of the large States, than in 
 one of the small or medium sized States. 
 
 We have been so often disappointed by the promises and predic- 
 tions of able and upright statesmen, that we would not be likely to 
 give undue weight to the theories of philosophers in favor of revo- 
 lutionary legislation, particularly of philosophers who do not pos- 
 sess the capacities of statesmen, were it not for the fact that the 
 theories of such men are sometimes forced upon the people by party 
 discipline. It is surprising how seldom a movement for any radical 
 change in the laws or institutions of the country originates with the 
 
• 75 
 
 people. The truth is, the gi'eat masses of the people, if their wishes 
 were fairly consulted, would almost always be found on the conserva- 
 tive side of such questions. Certainly the passion which prevails 
 among our politicians for changes in our laws and in our constitutions 
 is one of the most destructive and dangerous tendencies of the times. 
 It is rendered peculiarly dangerous and alarming by the admitted 
 imbecility and ignorance of the great masses of our law-givers. 
 Few people justly appreciate the danger to be apprehended by the 
 community from ignorant and imbecile law reformers. Notwith- 
 standing the many laws passed by our legislature, I think it can be 
 demonstrated that if the law were divided into one hundred parts, 
 ninety-eight of those parts would be found to be common law, and 
 two parts acts of assembly. So long as the law is ably and uprightly 
 administered, we must necessarily have a good government. The 
 law when ably and uprightly administered, becomes the great con- 
 servative power in the state to Avhich every man appeals for the 
 protection of his rights, and on which every man relies as the foun- 
 tain of justice and the great bulwark of civilization ; it is also the best 
 protection to liberty and property. When administered by imbecile, 
 ignorant or corrupt hands it becomes a torturing engine, which just 
 and intelligent men regard with fear and horror. 
 
 Mr. Yan Buren, in the New York convention, opposed the elec- 
 tion of justices of the peace by the people ; but whether he mended 
 the matter by the project which he recommended, and which was 
 adopted by the convention, I am not prepared to say. It was soon 
 changed, and the election of justices given to the people. Does it 
 not seem to be a reasonable proposition that all who undertake to 
 administer the law, should understand the law; now, it is a fact that, 
 except in those cases where the offices of justices of the peace are 
 held by lawyers, there is scarcely a justice of the peace to be found 
 in Pennsylvania who has a competent knowledge of the law, to ena- 
 ble him to discharge the duties of his station as such duties ought to 
 be discharged. And it is equally true that the profession of the law 
 could furnish men of respectable legal attainments who would be 
 happy to fill those offices in every city and in nearly every town in 
 the state. I have already stated that it requires an acute, logical 
 and comprehensive mind, with great strength of memory and accu- 
 racy of judgment, twenty or twenty-five years of judiciously directed 
 and ardent study, to become a first rate lawyer; so extensive and 
 comprehensive a system is the law. And according to my notion it 
 
76' • 
 
 >sould require a well organized mind five years attentive law reading, 
 directed with an eye to preparing the indivdual for the discharge of 
 the duties of justice of the peace, to enable him to fill that office 
 with safety to the public. I am sensible that it will not require an 
 argument to convince a lawyer that our justices of the peace, as at 
 present organized, cannot possibly have a competent knowledge of 
 the law; but the difficulty of my task will be to convince a commu- 
 nity, who have not any just conception of the law or of lawyers, 
 of the correctness of my suggestions. 
 
 Every consideration which ought to actuate an intelligent and 
 an upright mind, requires that the law should be ably and uprightly 
 administered in all its various departments. The law, Avith very 
 few exceptions, is a system of pure reason, morality and justice ; and 
 -t must be obvious to every man of intelligence, sense and integrity, 
 that it is for the interests of society to have suoh a system admin- 
 istered with justice and accuracy among the people. Every prin- 
 ciple of reason, morality, religion and justice urges us to that course, 
 and no principle of reason, morality, justice or religion urges us to 
 pursue a course directly the reverse. 
 
 The same reasons which I have urged against the election of 
 justices of the peace who do not possess legal learning and ability, 
 apply with equal force against the appointment of arbitrators who 
 do not possess legal learning and ability. Philosophers, statesmen, 
 lawyers and all intelligent men unite in praising the comprehensive 
 wisdom of our law; and yet boards of arbitrators, ignorant of that 
 law, are made judges of the law and the facts, and are allowed to exer- 
 cise a very extensive power in deciding causes. So clearly have the 
 judiciaries, both in England and in the United States, been convinced 
 of the injustice and absurdity of employing arbitrators, to decide 
 questions of law, that it is a settled principle of law with them in 
 both countries, to lean against arbitrators depriving the courts of 
 law of the jurisdiction of causes. We have, by our constitution and 
 bills of rights, taken a great deal of pains to secure to every citizen 
 a just administration of the law ; and yet, by our boards of arbitra- 
 tors and justices of the peace, Ave literally administer a species of 
 Lynch law to the people ; for our system of appeals, etc. does not 
 answer the purpose of eftectually protecting the parties. The peo- 
 ple AYOuld be horrified were any one to propose to put them under 
 tlie arbitary power of despotic magistrates, such as we read of in 
 eastern sI'Ory, who inflict whatever punishments they please, and 
 
decide the rights of the people according to their carpricc or dis- 
 cretion, without being under the control of any regular system of 
 laws ; and yet, to a legal mind, the parties who go before justices 
 of the peace and arbitrators, appear to be placed in situations vir- 
 tually similar; except that the jurisdiction of justices of the peace 
 and arbitrators is more limited in extent and in power. 
 
 Mr. Van Buren opposed the attempt made in the convention to 
 deprive the blacks of the privilege of voting ; he, however, sustained 
 the proposition that blacks who were freeholders should alone be 
 allowed that privilege. In his course towards black voters, Mr. Van 
 Buren was, doubtless, actuated by a statesman-like view of the ques- 
 tion, and by a love of justice. I strongly suspect, however, that 
 in urging the call of the convention for the purpose of extending 
 the elective franchise among white voters, his ruling motive was a 
 desire to obtain popularity with the masses. The fact that he sup- 
 ported the proposition for a freehold qualification for the blacks, 
 impresses my mind with the belief that he thought that class of men, 
 whether white or black, the only safe depositories of the elective 
 franchise. In ftict, Mr. Van Buren did not assent to universal suf- 
 frage, even for the whites. The extension of the elective franchise 
 among the whites was too popular a measure for a politician like 
 Mr. Van Buren to venture to oppose it ; but he could fairly and 
 safely exercise his humane feelings, and statesman-like powers of 
 reasoning, and love of justice, so far as the elective franchise of the 
 blacks was concerned. It is but fair to admit that many most co- 
 gent, just and statesman-like reasons could be urged in favor of the 
 extension of the elective franchise to white men who were not free- 
 holders, which could not be urged in favor of the extension of the 
 elective franchise to black men who are not freeholders. There were 
 large bodies of educated and intelligent men in the cities and towns, 
 who were not freeholders; and that portion of the blacks who were 
 not freeholders were generally an ignorant and vicious class. 
 
 Perhaps Mr. Van Buren was governed by statesman-like views, in 
 the course which he pursued; although, I must confess, I think a 
 desire to obtain popularity would have induced him to pursue the 
 course which he adopted, if such reasons had not existed. His 
 zeal for the extension of the elective franchise, was doubtless 
 greatly stimulated, if not entirely created, by his desire to obtain 
 popularity and to strengthen the party from whom he expected in 
 future to receive political advancement. Mr. Van Buren, for many 
 
78 
 
 years, appears to have been on terms of the most intimate political con- 
 nexion with the democracy of Virginia, who do not appear to haA'e 
 felt any uncontrollable zeal for the extension of the elective franchise- 
 It is greatly to be regretted that our politicians and statesmen 
 evince so strong an inclination to follow English examples, and 
 English and Erench social reforms, &c. They think if they follow 
 the exampl<^s of any parties in Great Britain, they ought to select 
 the liberal parties for their guides. No matter how wise, just, and 
 proper a measure of the conservative party might be, a politician 
 would be afraid of shocking the republican furor of his fellow citi- 
 zens, were he to acknowledge that he had drawn his measures from 
 such a source. They are apt, also, to be misled by the writings of 
 the English and French political philosophers, who have seldom any 
 practical knowledge of government, and who make the most confi- 
 dent and boundless assertions, with regard to the happy effects on 
 society which their suggestions, if carried out, would produce. 
 
 The French social reformers have seldom had the power of put- 
 ting their theories into practice. They have lately, however, suc- 
 ceeded in bringing their country into a most awful jaredicament, 
 and themselves into a still more awful situation. A French 
 socialist philosopher would certainly find an audience in Gui- 
 ana, at this time, capable of understanding and appreciating 
 the sublime truth and accuracy of his theories and reasonings, with 
 regard to the infallibility of the human reason, and the perfectibility 
 of man. One of the late English reviews states that ten thousand 
 of the orators of France have either already been transported to 
 Guiana, or are in prison awaiting such a fate, or on their way for 
 the purpose of embarkation. If the English do not succeed in 
 putting a stop to the progress of social reformers, and political 
 reformers, and legal reformers, they will assuredly bring themselves 
 and their country into a similar predicament. 
 
 Unfortunately, our politicians, when they fall under the influence 
 of such unhappy theories, frequently possess the power of putting 
 their theories practically to the test, to the great injury of everything 
 that is valuable in our institutions and laws. I have never read a 
 speech, or an article, or a book, or a letter, from one of those 
 thorough going law reformers, or socialists, that did not produce a 
 clear conviction on my mind, that the writers or speakers were 
 either wholly destitute of capacities for affairs of state, or that 
 where they were not entirely destitute of such capacities, their 
 
79 
 
 minds were so organized,' that they would be unsafe and dangerous 
 men, in whose hands to place the management of public aJBfairs. If 
 we were to adopt the scriptural rule of judging the tree by its 
 fruits, we would soon get rid of the disciples of Charles Fourier. 
 It is scarcely necessary to say, that the schemes of the reforming, 
 philosophic, poli^cal projectors of France and England, almost 
 always disappoint the expectations and predictions of their advo- 
 cates, when practically tested; audit will be a happy day for our 
 country, when overwhelming public opinion shall regard such pro- 
 jectors in the same light in which Napoleon is said to have regarded 
 them, namely, as idiots and imbeciles. 
 
 Mr. Van Buren opposed the proposition to re-organize the judi- 
 ciary, although it was supported by the party to which he belonged; 
 his reason was, that the only effect would be to remove the judges 
 who were then in office. This course was evidently suggested by 
 the social kindness of Mr. Van Buren's nature, and the honor and 
 liberality which always characterized his intercourse with the pro- 
 fession of the law, while at the bar. His great success at the bar 
 had removed everything like envy from his mind, with regard to 
 the stable prosperity of the judges. 
 
 One of the most dangerous movements on the subject of law 
 reform, comes from England. It is an attempt to make parties 
 witnesses in their own causes. Lord Brougham alleges, in an argu- 
 ment made in the House of Lords, in favor of admitting parties to 
 testify in their own causes, that the door is at the present time 
 always open for the admission of perjury, in the Court of Chancery; 
 and his statements show, that parties will not swear the truth in 
 their own causes. Or where they are directly interested in the result. 
 One reason he urges, why they will not swear the truth, in their 
 own causes, in the Court of Chancery, is, that they have the advice 
 of counsel with regard to the eflfect of certain testimony on their 
 causes. It is very obvious, that parties will have the advice of 
 counsel with regard to the effect of certain testimony on their own 
 causes, in the Common Law Courts, as well as in the Court of 
 Chancery. But the advocates for the admission of the testimony of 
 the parties, may say that they will be thrown off their guard by an 
 examination and cross-examination in open court. That will prob- 
 ably be sometimes the case, but not generally the case. 
 
 His lordship lays great stress on the four year's experience of 
 the County Court judges, in England. That, however, is fairly 
 
80 
 
 and fully counteracted by the experience of the judiciary of Penn- 
 sylvania, at least so far as Pennsylvania is concerned. The judges 
 of the Supreme Court of Pennsylvania, a few years ago, decided 
 to exclude a species of testimony which had hitherto been admitted, 
 namely, that of parties ^Yho had disposed of their interests in the 
 cause. The whole experience of the bar, and of the judiciary of 
 Pennsylvania, (a much longer experience than that of the County 
 Court judges in England,) had so clearly demonstrated that parties 
 would not swear the truth, even in cases in which they no longer 
 had an interest, where their passions had once been enlisted, that 
 the Supreme Court of Pennsylvania concluded to reject such testi- 
 mony in future. [Doubtless, some of them swore the truth, but as 
 a general rule they would not swear the truth.] In Pennsylvania 
 we had all the advantages of an examination and cross-examination, 
 in open court; and the result satisfied the profession and the judici- 
 ary, that such testimony, instead of throwing light on the causes, 
 generally worked gross injustice. 
 
 Parties in Pennsylvania, transferred their interests for the ex- 
 press purpose of giving testimony, which could not otherwise be 
 procured, and I may add, that Lord Brougham urges that very rea- 
 son for the admission of the testimony of the parties ; namely, that 
 they can give testimony which cannot otherwise be procured, and 
 that if the testimony of the parties should be excluded, a failure cf 
 justice would be inevitable in many cases. He also alleges that the 
 parties know more about the cause than any other witnesses, and 
 can by their testimony throw more light upon it than would other- 
 wise be attainable. It might be alleged that one of the parties only 
 was admitted to testify with us in Pennsylvania; but if the evidence 
 which the opposite party adduced, together with his allegations, wag 
 such as to satisfy the profession and the judieiai-y tliat the party 
 admitted to testify had sworn falsely, does any one believe, that if 
 the opposite party had been examined on oath, he would not have 
 contradicted his adversary. How can it profit the cause of justice 
 and good morals, to bring about a swearing match of that kind ? 
 What human intellect could ascertain the truth under such circum- 
 stances ? 
 
 It will bo perceived, that the cases tested in Pennsylvania, are 
 the only kind of cases in which the ingenuity of Lord Brougham 
 ean find an absolute necessity for the admission of the testimony of 
 the parties and the experience of Peunsylvanin, has shown tliat hia 
 
81 
 
 lordships reason is not well founded. Lord Brougham alleges, that 
 when parties are brought into open court, to give their testimony in 
 their own causes, they will swear under a strong suspicion, that 
 they are not likely to swear the truth, and that, therefore, they will 
 be more careful than when swearino; to affidavits to be used in court 
 in their own causes. (Now, be it remembered, that his lordship 
 admits, that parties never swear the truth in their own causes, wlien 
 their testimony is taken in affidavits.) Now, setting aside the con- 
 sideration that it would be placing a sensitive mind in a very un- 
 pleasant situation, to have it suspected that lie or she had committed 
 perjury. I would respectfully suggest, that both parties will swear 
 under precisely the same suspicion, and for that reason, an unprin- 
 cipled man will not hesitate to swear falsely, with regard to those 
 circumstances in which he knows he can onl}'' be contradicted by his 
 adversary, such as conversations with his adversary, when no ono 
 ■was present, and other circumstances Avhich occurred at a place 
 where he knew no one was present but his adversary, who could 
 swear that his testimony was false. 
 
 It would be easy to suggest numerous cases, in which his testi- 
 mony if believed, would destroy the cause of his adversary, and yet, 
 in which it would be impossible for his adversary to show by any 
 other testimony than his own, that he had sworn falsely, An un- 
 principled man would not hesitate to swear falsely with regard to 
 such circumstances, because he would know that the public would 
 expect parties to contradict each other on their oaths, as a matter 
 of course, and that, therefore, an imputation of perjury would not 
 attach to him. A dexterous scoundrel, would of course know how 
 to avoid being contradicted, by more than one witness, or one Avit- 
 ness with the necessary additional proof to convict him of perjury 
 so as to avoid the legal penalties of perjury. Before he would enter 
 the lists, he would take care to have himself fully posted up on those 
 subjects, by a thorough questioning of his counsel, with regard to 
 all such points. A man who would be deterred by public opinion 
 from contradicting a disinterested witness on oath, would not hesi- 
 tate to contradict his adversary, not having any such fear of public 
 opinion in that case. 
 
 It appears, that but one of the County Court Judges in England 
 condemns the practice of admitting the testimony of the parties. I 
 have heard, however, from a gentleman high in the profession of the 
 law, that in several cases, which went from the Countv Courts be- 
 ll 
 
82 
 
 fore tLe twelve or fifteen Judges of England, that said tribunal 
 condemned the admission of the testimony of the parties. But, is it 
 not probable that a majority of the County Court Judges, are influ- 
 enced in their opinions, on what, perhaps may appear to their minds 
 a doubtful question, by the current of public opinion in England on 
 that subject, particularly by the opinions of the law lords ? The 
 law which has excluded the testimony of parties, has lasted for cen- 
 turies, and stood the test of centuries of experience. Is it at ail 
 probable that the experiment of admitting the testimony of parties 
 has not been tested and thoroughly tested in the long history of the 
 law, from the time of the twelve tables of the Romans ? Is it at all 
 probable, that this extraordinary discovery, that parties could tell 
 their own stories the best in a Court of justice, has never been 
 thought of before ; a question that would so readily occur to cveij 
 legal and legislative mind? 
 
 But it appears from Loi-d Brougham's speech, that it is only for 
 sums not exceeding fifty pounds, that parties may give testimony in 
 their own causes. Now, all who are acquainted with the state of 
 society in England, must be aware, that the great masses of the 
 people never go into a Court of Justice, either as parties or wit- 
 nesses. Those suits for sums under fifty pounds, nearly all take 
 place between parties who are worth probably five or ten thousand 
 dollars each, or at least, between parties who are in the habit of 
 handling large sums of money, and who are accustomed to business. 
 (It is more than probable, that these suits are nearly all for notes 
 and accounts, and that the business of the County Courts has been 
 little else, except collecting debts.) All who have had any experi- 
 ence in business, must be aware that there is seldom much difiiculty 
 in settling matters of account between such parties. There is an- 
 other circumstance not unworthy of consideration. The County 
 Courts seldom use juries. If the testimony of parties should be 
 admitted, we will hardly ever see a clear case laid before a jury, all 
 will be doubt and uncertainty. All who have heard parties to law 
 suits telling their own stories, must be aware, that in ninety-nine 
 cases out of a hundred they disagree as to the facts, and can any 
 intelligent lawyer doubt that they would contradict each other on 
 their oaths also ? That wouhl leave parties at the mercy of the ec- 
 centric discretion of a jur^-, in nearly every case. Another bad 
 effect would be, that when parties had once sworn falsely, in their 
 own causes, it would undermine their moral principles, and they 
 
83 
 
 would have less hesitation in swearing fulscly in causes iu which 
 thej were not interested. It would have the effect of destroying, or 
 greatly impairing, all delicacy of honor, conscience and moral feel- 
 ing on the subject of false swearing. Business men would be placed 
 in a very unfortunate situation. The man who had one hundred 
 suits would be con:radicted in ninety nine of them, point blank on 
 his oath, and those ninety-nine persons would be prepared to swear 
 he was unworthy of belief on his oath ; they would do so to preserve 
 their own consistency, if for no other reason ; because parties con- 
 tradicting each other, would not be like ordinary witnesses contra- 
 dicting each other, which contradictions generally arise on matters 
 in which they might possibly be mistaken ; but when parties would 
 contradict each other on their oaths, they w^ould generally do so on 
 points about which neither of them could possibly be mistaken. 
 One or the other, and perhaps both, would commit clear and point 
 blank perjury, and the fellow who had actually committed the per- 
 jury, would not be the least likely of the two, to make such a charge 
 against his adversary. As a matter of course, the testimony of a 
 business man, would soon be destroyed. A store keeper who had 
 one hundred accounts, would probably find himself brought to a 
 dead halt, after he had collected five or six of them, more especially 
 if he had been his own book-keeper ; and it is more than probable 
 that the testimony of his clerk would not last much longer. Five 
 or six witnesses, swearing that a man was unworthy of belief on his 
 oath, under such circumstances, would be abundantly sufficient to 
 destroy the character of the best of them. 
 
 It may be alleged, that in this instance, the law of Pennsylvania 
 permits one party to give testimony, and why not allow the other to 
 do so also. But the law only allows one party to give testimony in 
 this instance, for the sake of public convenience ; and if the public 
 suspect a store-keeper's integrity, they need not go near him at all. 
 If they keep away from him and do not have any dealings with him, 
 it is scarcely possible that he can successfully fabricate an account 
 against them. If all parties, however, should be admitted as wit- 
 nesses, a man will not be allowed to select the individual to whom 
 he will give the power of appearing against him as a Avitness in the 
 trial of his own cause. 
 
 By way of showing the danger of the proposed change, I will 
 state a case: — Suppose A were to lend B one thousand dollars and 
 to take his note for it ; we will then suppose that B neglects to pay 
 
84 
 
 the note when due ; A brings suit, and B, a man liitherto of un- 
 blemished character, comes into court and swears that he paid A 
 nine hundred dollars of the money, but that he neglected to take a 
 receipt, or lost his receipt, or that ho relied upon A to put the credit 
 on the note, could any man tell how a jury would decide that ques- 
 tion ? Such a case is by no means improbable. A clergyman of 
 high standing in London, lately forged a note for one thousand 
 pounds on a rich man who had died, and was only detected because 
 the hand-writing was known to bo a forgery ; if the case had depen- 
 ded on his oath, he would probably have been successful. 
 
 Lord Brougham says there is such a thing as subornation of per- 
 jury; that, however, is a very difficult and a very dangerous exper- 
 mcnt. When a man's passions are excited in his own cause, he 
 will swear a lie for a nominal consideration ; but a man must be 
 very degraded, indeed, who can ])e hired to swear a lie for any one. 
 Indeed, it is surprising how little people care for the result of a 
 case, when they are not themselves directly interested in the result. 
 The same state of dependence docs not exist in the United States, 
 between the emplo3^ed and the employers, which exists in England 
 between those classes. Indeed, in the United States, the employed 
 are much more likely to entertain prejudices against their employers, 
 •when brought up as witnesses, than in their favor. There are, of 
 course, numerous exceptions to this rule ; it will hold good, however, 
 •with a vast majority of the employed in the L^nited States. 
 
 So clearly has it been demonstrated to the professional mind, 
 that the smallest interest in a cause, when a man's feelings have 
 once been enlisted and excited, is sufficient to endanger the accuracy 
 of his testimony, that the members of the bar, with a just delicacy, 
 have hitherto generally refused to serve as counsel in those causes 
 in which they were to appear as witnesses. It is wortliy of note, 
 that the members of the bar, from their mental discipline, are less 
 likely to fall into such errors than any other class of men. Every 
 sensitive mind will shrink with horror from the imputation, or even 
 the suspicion of perjury. If we wish to preserve the uprightness 
 and honor of men, Ave must not allow them to be placed in situa- 
 tions in which that delicacy may be impaired or destroyed. Vice 
 is always gradual in its approaches; what men Avill shrink from 
 ■with horror, at one time, tlioy may be brought to do by degrees. 
 I will add, by way of conclusion, that if disinterested tei^timony 
 can be procured to show tb;it a party has sworn falsely, it will 
 
show at the same time, that tlie testimony of the party was unne- 
 cessaiy. It would be precisely in those cases, in which perjury could 
 not be fastened on the parties by disinteresed testimony, that they 
 would commit perjury with the least hesitation. 
 
 Lord Brougham, although incapable of taking a statesman-like 
 vicAv of great questions, possesses an intellect greatly above medi- 
 ocrity, and withal has his mind stored with an extent of information 
 seldom equalled; which gives him a dangerous influence in the posi- 
 tion which he occupies. His legal arguments are characterized by 
 great logical clearness, acuteness, fulness and force of reasoning; 
 and it would be no easy matter to detect his want of capacity for 
 affairs of state, by reading his arguments at the bar. His lordship, 
 however, has so often displayed his powers on great questions of 
 state, that he has not left that portion of mankind who know how 
 to detect the capacity of a statesman, in doubt as to the danger of 
 placing in his hands the power of a lawgiver. Lord Brougham is 
 a great lawyer, in point of ability, and respectable in learning, and 
 comes very near being a great statesman, also, in point of ability. 
 He possesses one of those minds best calculated to puzzle even the 
 discriminating part of the public as to the place to which it should 
 be assigned. 
 
 Mr. Van Buren, as might most reasonably and rationally have 
 been anticipated, by every one capable of forming a correct opinion 
 with regai'tl to his capacity and qualifications, took his position, 
 during the first session of the United States Senate after his elec- 
 tion to that body, as one of the ablest lawyers and statesmen of the 
 Union. He gave his support to the efforts of Col. Johnson to abol- 
 ish impi'isonment for debt, in actions in the courts of the United 
 States, and recommended a bankrupt law, to include corporations 
 as well as individuals. He voted for the tariffs of 1824 and 1828; 
 the latter was the highest protective tariff we ever had. He has 
 since evidently changed his ground on two of the most important of 
 those measures. The Free Soil party, from whom he accepted a 
 nomination for the Presidency, in 1848, took entire free trade 
 ground; and his positions in the democratic party, in 1844 and in 
 1852, give us every just reason to believe that he has repudiated 
 the bankrupt law. 
 
 Mr. Van Buren sustained the claims of I\Ir. Crawford for the 
 Presidency, as fhe successor of jNlr. Monroe ; he assisted in procu- 
 ring his nomination by a Congressional caucus. Tiie caucus, how- 
 
86 
 
 ever, was attended by only one-fourth of tlie members of Congress. 
 The caucus nomination was not sustained generally by the demo- 
 cratic party throughout the Union. The friends of Mr. Van Buren 
 had defeated a law in New York, giving the choice of Presidential 
 Electors to the people. Pvir. Crawford, however, only received five 
 of the thirty-six electoral votes of the State of New York. It 
 having become the duty of the House of Representatives to elect a 
 President, Mr. Adams was elected on first ballot, having received 
 among his supporters the vote of New York, although the friends 
 of Mr. Van Buren did not abandon Mr. Crawford. In the election 
 for Governor of New York, in 1S24, the friends of Mr. Van Buren 
 were signally beaten by De Witt Clinton, who was elected Gover- 
 nor by a large majority. The friends of Mr. Van Buren regained 
 their power in the State of New York, during the next year. Mr. 
 Clinton, however, was re-elected in 182G, but died before his term 
 expired. He died in February, 1828. 
 
 After the election of Mr. Adams, in 1824, Mr. Van Buren is 
 said to have advised his friends in New York to give his adminis- 
 tration a fair trial. Although reasons of state have been assigned, 
 and some of them very just ones, for the opposition which Mr. Van 
 Buren soon made to the administration of Mr. Adams, I am per- 
 suaded we shall find the true cause of his opposition, in the irresis- 
 tible popular current which had set in in favor of Gen. Jackson. 
 He saw clearly, that if he did not unite with that party, he would 
 be prostrated as a politician. Whatever the real sentiments of Mr. 
 Van Buren may have been, with regard to Gen. Jackson and his 
 party, if the Adams party had been strong enough to cope with his 
 great rival, De Witt Clinton, and the Jackson party of New York, 
 I do not believe he would have taken the Jackson side of the con- 
 test. It must have been rather an unpalatable course at the time, 
 for public opinion pointed out De Witt Clinton, in a manner not to 
 be mistaken, as of all others the most likely to ascend the steps of 
 the throne, as the successor of Gen. Jackson. 
 
 Mr. Van Buren's first act of noted hostility to the administration 
 of Mr. Adams was on the Panama Mission. After that, however, 
 he worked zealously and ardently in the cause of Gen. Jackson. 
 The professions of the political friends of Gen. Jackson, before the 
 election, bore a striking resemblance to the professions of the polit- 
 ical friends of Gen. Harrison and Mr. Polk, before their respective 
 elections. In each instance, the respective friends of each candi- 
 
87 
 
 date represented him as favorable to those measures most popular 
 in those pirts of the Union in which their professions ■were made. 
 Very little was known of the principles of Gen. Jackson on great 
 questions of public policy. He was supposed to be in favor of a 
 nanonal policy, and it was well understood that he would not pro- 
 scribe old federalists. It was generally anticipated, however, by the 
 best informed politicians, that he would make a clean sweep of the 
 office holders. It was well understood that neutrality would not 
 save them: "All who are not for me are against me," was the well 
 known doctrine of his friends. It is scarcely necessary to say that 
 he fully realized the expectations of his political supporters, so far 
 as making a clean sweep of the neutrals and of his political oppo- 
 nents from office, was concerned. Although the thorough sweep 
 made by Gen. Jackson of the office holders, has been often and 
 vehemently denounced, I am persuaded it was a highly popular mea- 
 sure at the time. JS^ever were any men more mistaken than the ejec- 
 ted office holders were in supposing that the public sympathized with 
 them in their misfortunes. The numbers of office hunters in the 
 country were very great, and those men had long been in the habit 
 of regarding the office holders with feelings of intense envy and 
 hatred, which had gradually communicated their influence to a large 
 mass of the people. The result was, that Gen. Jackson's popularity 
 rose to its highest pitch as soon as the policy of his administration 
 was clearly developed on that question. The dislike of the people 
 to the office holders was not altogether without just foundation. Ma- 
 ny of them really were scamps and vagabonds, some of them licentious 
 characters and gamblers, who, notwithstanding their large salaries, 
 did not pay their debts. Such men were doubtless objects of dislike 
 to all honorable men ; yet it is much to be feared that the experi- 
 ence of the country, since Gen. Jackson's time, has demonstrated 
 that prudence and economy, when united with the most exemplary 
 virtues and the highest ability, are less likely to be tolerated by the 
 great masses of people in officials, than a much lower order of ability 
 united with improvident habits. Even some vices are less oflensive, 
 to the great masses of people, in such functionaries, than virtues 
 united with prudence and ecomomy. In private life the virtues of 
 prudence and economy are highly esteemed by the people; they 
 seldom, however, fancy such qualities when exhibited by officials. 
 
 It was not the vices of some of the office holders, removed by 
 Gen. Jackson, which rendered them odious to the great masses of 
 
88 
 
 the people. It was the mere fact that they held stations which ex- 
 cited the envy of their fellow citizens. There was another measure 
 of the administration of Gen. Jackson which received the almost 
 unanimous approbation of the people, namely: the stand which he 
 took against the nuUifiers. Our politicians are certainly very much 
 mistaken if they suppose that the great masses of the people regard 
 our government as a confederation of independent states. The 
 great masses of the people so regarded it at the time when the 
 present constitution of the United States was adopted; the present 
 generation, however, have read in their school books of the exploits 
 of Washington, of Marion, of Jasper, of Putnam and of Warren, 
 and have been taught from childhood to regard them all as equally 
 their countrymen. In fact, the national government is the only 
 government which the great masses of the people really recognize, 
 when they form in their minds a conception of their country. They 
 look upon the state governments as they would upon the municipal 
 governments of so many large cities, exercising limited powers under 
 the authority of the state. They regard the national government 
 as the only government of the country. It is scarcely necessary 
 to say that foreign emigrants entertain similar ideas on that subject. 
 The legal educations of the great masses of our statesmen and pol- 
 iticians have misled them with regard to the sentiments of the great 
 masses of the people on that subject. Our statesmen and politicians 
 are nearly all lawyers, and many of them have read in their law 
 books the history of the formation of their government. Such men 
 have, consc([uentlY, formed correct notions with regard to the res- 
 pective powers and authorities of the state governments and of the 
 national government; and do not suspect that the people really look 
 upon the state governments in the same light in which they would 
 regard the municipal government of a large city, situated in one of 
 the states. The consequence has been that those politicians who 
 regarded themselves as the champions of state rights have, of late 
 years, led a party most insignificant in numbers among the people. 
 The great influence 'of Mr. Calhoun kept alive a small party pro- 
 fessing such principles, during his life time. I venture to say, how- 
 ever, that such a party does not exist at the present day in sulBcient 
 numbers to justify us in giving it the designation of a part}'. 
 
 Although the nullifiers were clearly wrong and carried their oppo- 
 sition to an extent not justified by the constitution and laws; yet the 
 people would probably have regarded them with more lenity had 
 
8d 
 
 they not looked upon the national government as the only government 
 of the country. 
 
 So far as a national policy was concerned, it was generally sup- 
 posed that Gen. Jackson would pursue the even tenor of his way, 
 as Madison and Monroe had done before him ; and that he would 
 sanction the protective policy and those two great interpolations on 
 the democratic creed, a national bank and a system of internal 
 improvements by the geiieral government. Those measures were 
 not thought of specifically by the great masses of the people ; but 
 the great masses of the people undoubtedly thought that he would 
 be a paternal king log, such as Madison and Monroe had been, and 
 would not use the veto power for the purpose of interfering with the 
 action of Congress and the Senate ; except in the same way in which 
 that power had been used by the most compromising of his prede- 
 cessors. No one ever imagined for a moment that he would veto 
 a law for re-chartering a national bank ; or put a wholesale veto on 
 the system of internal improvements, as carried on under the admin- 
 istrations which immediately preceded his own. 
 
 It was impossible to perceive that the party which supported Gen. 
 Jackson had any settled or decided principles on questions of pub- 
 lic policy. I think it very probable that the friends of Mr. Calhoun 
 will claim that he and a few of his followers were exceptions to that 
 rule ; yet I venture to say, that Mr. Calhoun, had not his prospects for 
 the Presidency been blasted by his quarrel with Gen. Jackson, would 
 have displayed nearly or quite as great a degree of ductility on mea- 
 sures of public policy as Mr. Van Buren did, or was capable of 
 doing. When Mr. Calhoun found his prospects blasted for the Pres- 
 idency he took a stern and vindictive stand against the administration 
 of Gen. Jackson. Many of the ablest of the old federal party who 
 had been proscribed by preceding administrations, or who had 
 made little progress under them, previous to 1828, emerged from 
 obscurity as the champions of Gen. Jackson; the cloak of Jack- 
 sonism being, like charity, sufficient to cover a multitude of sins. 
 The active politicians in the Jackson party were nearly all office 
 hunters, and the leading politicians of the country being nearly all 
 opposed to Gen. Jackson, an admirable opportunity was afforded to 
 the old federalists of advancing their political fortunes by becoming 
 the popular leaders of the Jackson party. A party composed of 
 masses who never thought of public measures, and who where only 
 actuated by a desire to reward distinguished military services; and 
 12 
 
90 
 
 of active political leaders who were, with few exceptions, as Mr. 
 Calhoun afterwards truly described them, only held together by the 
 adhesive co-hesiveness of public plunder. All other considerations 
 gave way with them before a desire for offices and contracts, and a 
 wish to be with the majority. The old federalists who joined the 
 Jackson party, it must be admitted, generally laid aside the polit- 
 ical integrity which characterized their party in the days of old John 
 Adams, as an obsolete idea. They laid aside all ideas of political 
 integrity, and absolutely and actually cast that portion of the Jack- 
 son party who were actuated exclusively by a desire to obtain the 
 spoils, completely into the shade. 
 
 It is but justice to the old federalists to say that many of them 
 preserved their personal honor and integrity , unsullied, notwith- 
 standing their total abandonment of political principle. As politi- 
 cians, they saw with the eyes and heard with the ears of their 
 imperial master. The present chief justice of the United States 
 has preserved his personal and professional honor and integrity unsul- 
 lied in a manner highly honorable to the profession of the law. He 
 has administered the law, as chief justice of the United States, with a 
 learning, ability and integrity which will send his name down with 
 honor to posterity, and reflect a lasting glory upon the administration 
 which appointed him. As a lawyer and as a judge he has not been 
 an un^vorthy sample of the disciples of George Washington and old 
 John Adams. This union of professional and judicial integrity with 
 political ductility of principle has often been exhibited in England. 
 And at a time when the politicians of the United States so gen- 
 erally exhibit ductility of political principle, it is absolutely neces- 
 sary to EL- just administration of the law, that the lawyers should 
 regard it as a point of honor (never to be violated under any cir- 
 cumstances) to lay aside their masquerade policy when they assume 
 the duty of participating in the administration of the law. 
 
 Although Mr. Calhoun, after his quarrel with Gen. Jackson, ^ 
 assumed a position of stern opposition, he ever afterwards appeared 
 to be guided by upright and patriotic motives ; except on these 
 questions, namely: nullification, state rights and slavery. I always 
 believed and still believe that he agitated those three questions with a 
 view to the dissolution of the Union. At the time of the nullification 
 excitement I thought he contemplated a dissolution of the Union, 
 and the formation of a southern confederacy that would elevate him 
 to the Presidency. Towards the close of his life he appeared to 
 
agitate the slavery question with a feeling of dislike to the gov- 
 ernment of his country, and a carelesiS desperation as to the eon- 
 sequences. In fact, he appeared to be more irritated by his disap- 
 pointments, than thankful for the favors which he had received at 
 the hands of his countrymen. In that respect the conduct of Mr. 
 Clay and of Mr. Webster forms a favorable contrast to that of Mr. 
 Calhoun. The political disappointments of those gentlemen could 
 never tempt either of them to turn with a feeling of vindictive hatred 
 against the government of their country. 
 
 On all other questions except the three alluded to, Mr, Calhoun 
 exhibited in his conduct a becoming senatorial dignity. Upright 
 and pati'iotic motives are, to my mind, essential elements in consti- 
 tuting true senat^orial dignity. A man cannot possess true senatorial 
 dignity unless he is guided by upright and 'patriotic motives in his 
 public conduct. 
 
 Gen. Jackson was elected President of the United States, in 1828, 
 by an overwhelming majority. In February, 1827, Mr. Van Buren 
 was re-elected to the Senate of the United States for six years. 
 Gov. Clinton having died suddenly, in February, 1827, Mr. Van 
 Buren was nominated by the Jackson party for the oflEice of Gover- 
 nor of New York. Mr. Van Buren was elected Governor of New 
 York in 1828, and commenced discharging the duties of that office 
 on the 1st of January, 1829. In March, 1829, he was appointed 
 Secretary of State of the United States by Gen. Jackson. The 
 truth is, the friends of Mr. Van Buren nominated and elected him 
 Governor of New York, with the express view of giving him a 
 position, which they deemed more favorable than any other, to en- 
 able him to obtain the office of Secretary of State under General 
 Jackson, and thereby secure the best chance of being his successor. 
 It was generally understood by the public that such was the cause 
 of his nomination and election as Governor. 
 
 From the time of his nomination for that office, public opinion 
 clearly pointed to him as the future Secretary of State, and as the 
 successor of Gen. Jackson. No intelligent politician, at that time, 
 doubted that he would ascend the throne, with as much certainty as 
 the oldest son of an English monarch. From the time of the for- 
 mation of the Constitution of the United States, the favorite of the 
 President had succeeded to the throne, with almost as much regu- 
 larity as the heir apparent in Great Britain. The people at that 
 time regarded the Secretary of State with nearly the same feelings 
 
[)2 
 
 which the people in England would exhibit for an heir apparent, of 
 great promise in point of ability, and of unexceptionable moral 
 character. The truth is, the people looked upon him as the world 
 look upon the favorite minister and chosen successor of a popular 
 and powerful monarch. 
 
 I always considered the selection of Mr. Van Buren as Secretary 
 of State, and as the favorite for the succession, an act of strict 
 justice on the part of Gen. Jackson. Mr. Van Buren was unques- 
 tionably the ablest statesman in the Jackson party. I know that 
 this fact has not been generally conceded; many regarded Mr. 
 Calhoun as his superior. I will endeavor to explain why so many 
 considered, and still consider Mr. Calhoun his superior in intel- 
 lect. Mr. Van Buren took a more comprehensive view of great 
 questions of state than Mr. Calhoun, and although he reasoned out 
 /^ his propositions very ably, he did not possess the power of illustra- 
 ting clearly and fully, by arguments and reasons, all the minute 
 details to which his propositions would lead. The views of Mr. 
 Calhoun as a statesman, although comprehensive, were not so com- 
 prehensive as the views of Mr. Van Buren. He possessed, however, 
 in the greatest perfection, what Mr. Van Buren was somewhat 
 deficient in — a power of reasoning out the minute details to which 
 his propositions would lead, with a clearness, and force, and preci- 
 sion, seldom equalled, and probably never surpassed. Some people 
 could perceive the superiority of Mr. Calhoun in that way, who 
 could not appreciate the superior comprehensiveness of the views 
 of Mr. Van Buren ; consequently many claimed for Mr. Calhoun 
 the palm of intellectual superiority over Mr. Van Buren. 
 
 Mr. Van Buren continued in the office of Secretary of State 
 until June, 1831, when ho resigned, the whole cabinet going out 
 with him; some of them, however, very reluctantly, being literally 
 turned out by Gen, Jackson. Although there were various causes 
 of dispute in the cabinet, I am persuaded the real cause of the 
 dissolution of the cabinet was the refusal of the wife of the Vice 
 President, and some of the ladies of the other members of the 
 cabinet, to associate Avith Mrs. Eaton, the wife of the Secretary of 
 War. Gen. Jackson was a man of strong passions and excitable 
 feelings. Major Eaton was his biographer, and his intimate personal 
 friend. The President warmly espoused the cause of his friend. 
 It is quite probable, however, that his strong passions and excitable, 
 
93 
 
 and somewhat chivalrous feelings and sentiments were wrought 
 Tipon by a beautiful and accomplished woman, who he was led by 
 his ardent passions to believe, was a persecuted and injured woman. 
 I care not to what cause historians and biographers may attribute 
 the dissolution of the cabinet, I am convinced Mrs. Eaton was the 
 sole cause of that dissolution ; and I am equally Avell convinced that 
 the strong passions of Gen. Jackson shaped and even changed his 
 political policy, on more than one occasion, during his administra- 
 tion as President of the United States. 
 
 On those occasions, when the General changed his political policy, 
 the great masses of his followers displayed a ductility of principle 
 in following him, such as I venture to say had never been exhibited by 
 a large political party in any free government before. It is all true, 
 that on some of those great measures Gen. Jackson was bringing 
 his friends back to the principles of the old republican party. He 
 clearly took the old republican ground, in his opposition to internal 
 improvements by the general "government, and in his veto of a 
 national bank; and yet those measures (federal as they unquestion- 
 ably were) had acquired so firm a hold^upon the popular mind, that 
 no other man, placed in the situation of Gen Jackson, at that time, 
 could have vetoed them, without incurring inevitable political de- 
 struction. His part}^, however, followed him on those occasions, 
 and on all other such occasions, during his Presidency, with the 
 strict discipline and compact movement of a Macedonian phalanx. 
 His most unpopular measures did not produce any serious diminu- 
 tion of numbers among his followers. The principal cause of the 
 steady support of his party was this : the ruling motive of the pol- 
 iticians was a desire to obtain and retain offices, and they saw 
 clearly, that his strength with the masses was so great that if they 
 attempted to bolt, they would meet with inevitable destruction. 
 Popular measures were not sufficient to influence the masses, when 
 weighed against the popularity of Gen. Jackson. 
 
 Never was party discipline so strict as that of the Jackson party. 
 A man, it is true, might express his views with a good deal of free- 
 dom, on any great measure of public policy, if the General's views 
 on that measure were unknown; but from the moment the General's 
 views were announced, particularly if they were announced in an au- 
 thentic shape, all who did not at once modify their opinions, so as to 
 agree fully with the General, were instantly and mercilessly expelled 
 from the party. The truth is, no one knew what the General's 
 
doctrines were, until he had explained them, at the time when they 
 «^ere to be carried out. The old Jackson party, therefore, held 
 themselves in readiness to adopt with implicit obedience any doc- 
 trine which might be announced from head quarters, and to enforce 
 it upon their fellow citizens, by virtue of party discipline, with a 
 persecuting and relentless severity. 
 
 There cannot be a question that the course of General Jackson 
 has had the effect of bringing the country back to the principles of 
 the old republican party on the subject of a national bank, and on 
 the subject of internal improvements by the general government. 
 It is equally certain, however, that the administration of Gen. Jack- 
 Son adopted the strongest pro-slavery doctrines, and was sustained 
 in that course by Mr. Van Buren, with a zeal which appeared to 
 step in advance of necessity, by his pledge in his inaugural address, 
 to veto any law for the abolition of slavery in the District of Co- 
 lumbia. His course drew upon him, I think with justice, the epi- 
 thet of the northern man with southern principles. 
 
 After Mr. Van Buren retired from the office of Secretary of 
 State, he was appointed Minister to Great Britain. He arrived in 
 London in September, 1831, and was received with an unusual de- 
 gree of favor by the English Court. The English had doubtless 
 formed a just estimate of the great learning and ability of the 
 ambassabor ; and the cordiality of his reception was doubtless much 
 enhanced by the well known fact, that he was the personal favorite 
 and chosen successor of a President of the United States, of most 
 extraordinary popularity and power. I have no doubt, Mr. Van 
 Buren highly enjoyed his short residence at the Court of Great 
 Britain. If he ever entertained feelings of hostility to Great 
 Britain, and to an educated aristocracy, I have no doubt he returned 
 to his native country with those feelings very considerably mollified. 
 No one but a lawyer can form any just conception of the majestic 
 dignity with which Great Britain appears to a comprehensive and 
 statesman-like mind, educated in the common law. From boyhood, 
 up to the period of his appointment as Minister to England, Mr. Van 
 Buren had been employed in studying the laws, the history, the lit- 
 erature, the language, the religion, the social institutions and the 
 political institutions of Great Britain. He had, doubtless, admired 
 the manly resolution with which the British aristocracy had breasted 
 the torrent of the French Revolution, and the generous magnanim- 
 ity with which they had relieved the persecuted and unfortunate exiles 
 
95 
 
 of their enemies. The comprehensive and statesman-like mind of 
 Mr. Van Buren, his education, his manly good sense, and his kind, 
 amiable and gentlemanly social habits, rendered him peculiarly lia- 
 ble to receive favorable impressions from a visit to the educate^;/} 
 aristocracy of England. The visit of his son John to England, d^ 
 the time of the coronation of Queen Victoria, is not without weight 
 to show that the cordial reception which Mr. Van Buren had re- 
 ceived from the Court of Great Britain, and the generous hospi- 
 tality with which he was treated by her educated aristocracy, had 
 left a permanent impression on his mind. 
 
 Although the friends of jNIr. Van Buren cannot justly claim for 
 him the lofty political principles of Canning, and Peel, and other 
 English statesmen of modern times, yet John Bull is disposed to 
 act with generosity towards his trans-Atlantic cousins, on such 
 points, and to regard with complacency a man of good private 
 character and of great ability and acquirements, who had on more 
 than one occasion exhibited an unquestionable desire to sustain the 
 cause of law and order, and of truth, justice and humanity, against 
 the attacks of what John regards as a wild democracy. John justly 
 considers that manj' grains of allowance are to be made for a states- 
 man, who is contending for so noble a prize as the office of Presi- 
 dent of the United States, more especially vdien said statesman has 
 to deal with the great mass of the people, a tribunal which John 
 still regards with fear and trembling. The educated aristocracy of 
 Great Britain have always been remarkable for a generous and 
 manly ambition to serve their country in public life, and for a 
 proper and becoming love of fame. It was natural that such an 
 aristocracy should regard with pleasure and satisfaction, a man of 
 great ability and acquirements, who, by his industry, address and good 
 fortune, had raised himself, without any unusual degree of policy, 
 to such a position, that he was about to realize the highest object of 
 ambition which his country could bestow. 
 
 Indeed great public stations, as objects of ambition, are held in 
 much hiirher estimation in England than in the United States. 
 Mr. Van Buren, doubtless, accepted the office of minister to Eng- 
 land because he knew it would place him in a position more likely 
 to enable him to become the successor of Gen. Jackson, than any "*- 
 other position which he could hold under the administration, after 
 leaving the cabinet. Gen. Jackson sent the nomination of Mr. Van 
 Buren to the senate, soon after congress had assembled. He was 
 
96 
 
 rejected by that body, because the senators did not consider his 
 instructions to Louis M'Lane, the minister to England when he was 
 secretary of state, dignified, becoming and national in their char- 
 acter. Gen. Jackson and his friends held Mr. Van Buren up before 
 the nation as a martyr and as a persecuted man. Although every 
 man who possesses a candid and statesman-like mind, and who exam- 
 ines the question, will admit that whether the senators were right or 
 wrong on that question, they acted from motives and with a dignity 
 worthy of ancient Rome. 
 
 In May, 1832, Mr. Van Buren was nominated for the ofiice of 
 vice president of the United States by a democratic national conven- 
 tion held in Baltimore. Gen. Jackson was nominated for the pres- 
 idency by the same convention. They were both elected by a large 
 majority. Mr. Van Buren had the same number of electorial votes 
 as Gen. Jackson, with the exception of the votes of Pennsylvania, 
 which were given to William Wilkins, a gentleman nominated to 
 that ofl&ce by the democracy of Pennsylvania. Mr. Van Buren, 
 throughout the whole course of the administration of Gen. Jackson, 
 or at least when he was in the United States, was supposed, and I 
 believed truly, to exercise a greater influence with him than any 
 other man. Gen. Jackson exercised a greater influence over his 
 party for several years isreceding his election in 1828, and through- 
 out the whole course of his administration, than any other president 
 has ever exercised over his party since that time. I believe Mr. 
 Buchanan Avas correct when he said that "Gen. Jackson was the most 
 popular president wo ever had." From the very moment when Gen. 
 Jackson left the ofiice of president of the United States he lost infiu- 
 ence with his former political supporters to a greater extent, probably, 
 than any other man who ever held that office, before or since. 
 
 In May, 1835, the democratic national convention assembled at 
 Baltimore, and nominated Martin Van Buren for president, and 
 Richard M. Johnson for vice president. Mr. Van Buren received 
 170 electoral votes; counting the vote of Michigan, which was not 
 given in due form. The other candidates for president received 124 
 votes. Inasmuch as Col. Johnson did not receive a majority of the 
 whole number of electorial votes, he Avas elected vice president by 
 the Senate. 
 
 The inauguration of Martin Van Buren as president of the United 
 States, took place on the 4th of March, 1837. During the admin- 
 istration of Mr. Van Buren, one of those terrible monetary convul- 
 
97 
 
 sions took place, of which I have already written in a previous part 
 of this work. A general suspension of specie payments took place 
 as a consequence of that occurrence. Mr. Van Buren recommended 
 a measure called the independent treasury, for the purpose of pre- 
 serving the public revenue in future from being swallowed up by a 
 suspension of the banks with which it might be deposited, or in whose 
 notes it might be collected. I always considered the message in 
 which he recommended that measure, the most original and states- 
 manlike document which he transmitted to congress while President 
 of the United States. An unusual number of office holders under 
 the administration of Mr. Van Buren were found to be public de- 
 faulters. An unprecedented clamour was raised against the integrity 
 of the administration on account of the unusually large number of 
 plunderers who had got hold of the public treasure. Mr. Van 
 Buren was evidently not a skillful statesman in his mode of man- 
 aging such officials. He should have dismissed them promptly the 
 very moment he discovered their nefarious transactions ; instead of 
 doing so, however, he temporised with some of the worst of them, 
 vainly hoping that he could in that way persuade them to disgorge 
 their plunder. The result showed that such a hope was indeed a vain 
 and fallacious one. An acute observer and thorough man of busi- 
 ness, who has had a respectable amount of experience in observing 
 the pecuniary transactions of bankrupts and swindlers, whether 
 office holders or not, would as soon think of persuading a shoal of 
 West India sharks peaceably to give up their prey, as of persuading 
 such a class of men peaceably to give up money which they had sur- 
 reptitiously obtained, while they were left in situations where they 
 might grab more. The enemies of Mr. Van Buren never accused 
 him of sharing the spoils with the public plunderers under his admin- 
 istration ; he, however, was justly to blame for a want of business- 
 like promptness and decision in removing those vagabonds when he 
 discovered their nefarious transactions. Such scoundrels should 
 never be temporised with for a moment. 
 
 In May, 1840, the democratic party re-nominated Mr. Van Buren 
 for the presidency, the experience of the past, however, had not 
 been lost upon the whigs, and they nominated Gen. Harrison, with 
 a view of increasing their chances of success by his military popu- 
 larity. In that expectation they were not disappointed. The defeat 
 of Mr. Van Buren in 1840 has often been attributed to the unpop- 
 ularity of his measures; such, however, clearly was not the fact. 
 
 13 
 
98 
 
 Some of his measures and principles were unpopular wlien introduced 
 by Gen. Jackson; but previous to 1840 they had gradually worked 
 their way into the favor of the people, and the political field looked 
 fair for the re-election of Mr. Van Buren. I am persuaded he could 
 have beaten any civilian that the whigs could have run against him. 
 It was the military popularity of Gen. Harrison which defeated 
 Mr, Van Buren. 
 
 Previous to the nomination of Gen. Harrison, the party which 
 sustained Mr. Van Buren was evidently decidedly in the ascendant 
 throughout the Union. The defeat of Mr. Van Buren affords an 
 instructive lesson with regard to the influence of measures in affect- 
 ing the votes of the masses of the people, when weighed against 
 great military popularity in the opposing candidate. Mr. Van Buren 
 had endangered and probably impaired his popularity in the free 
 states by the concessions which he had made to conciliate the south. 
 He had gone so far that he had justly entitled himself to the epithet 
 of the northern man with southern principles. His friends, although 
 they admitted that the contest would be a close one in the free states, 
 insisted most strenuously that Gen. Harrison could not have the 
 slightest chance of success at the south. It is certain that the prip- 
 ciples of Gen. Harrison, had he been a civilian, would have caused 
 his defeat at the south. The result, however, was that he received 
 234 electoral votes, and Mr. Van Buren received GO. Mr. Van 
 Buren had been elected in 1836 by the popularity of Gen. Jackson. 
 The position of Gen. Jackson, as President, enabled him to transfer 
 a large portion of his popularity to his candidate for the succession. 
 The sense of the country was at that time opposed to the principles 
 of the administration of Gen. Jackson, and it would have been 
 impossible to have elected a civilian to the Presidency who professed 
 those principles, had he not been sustained by the overwhelming 
 popularity of the President. 
 
 Perhaps one of the most singular features of the campaign of 
 1840 was the part taken in it by the ladies. They attended conven- 
 tions in large numbers, and were frequently hauled in large four 
 horse wagon loads, with flags streaming in the wind, and signing, 
 with ardent zeal, partizan songs. It must be admitted that they gen- 
 erally took the Harrison side of the question. It is more than pro- 
 bable that the whigs had recourse to the assistance of the ladies, 
 because they had been groaning for twelve long years in a hopeless 
 minority, and despaired of success, unless by the most unusual and 
 
99 
 
 estraorJinary efforts. Great and even terrible as the popularity of 
 Gen. Jackson really was, I am persuaded it excited exaggerated 
 fears in the breasts of his adversaries. 
 
 If Gen. Harrison had occupied the position occupied by Mr. 
 Adams, in 1828, Gen. Jackson could not have been elected. I 
 have read an anecdote which shows that Mr. Van Buren always 
 wishes to hear the truth from his friends : Mr. Van Buren remarked, 
 after the election, that every body had deceived him with regard to 
 his prospects, except Messrs. Wright and Butler. Those gentlemen 
 had been so long intimate with Mr. Van Buren, that they knew tho 
 surest way to his confidence and respect, and pursued that course 
 by refusing to flatter or deceive him with regard to his prospects. 
 The Independent Treasury law was passed during the administra- 
 tion of Mr. Van Buren, but Avas repealed under that of his succes- 
 sor; it has since been passed, however, and is now the law. 
 
 When Mr. Van 'Buren left the ofiice of President of the United 
 States, in 1841, he retired to his country seat, near Kinderhook, to 
 enjoy such pleasures and comforts as wealth and a cultivated and 
 cheerful mind could bestow. He is said to extend a liberal, kind, 
 and graceful hospitality to his friends and neighbors. He appears 
 disposed to spend the evening of his life like Prior's old English 
 baron — "in gentlemanly ease and rural sport; joyful to live, yet 
 not afraid t© die." Mr. Van Buren is said to possess an ample 
 fortune. His friends made most energetic efforts to secure his 
 nomination for the Presidency, in 1844, and they succeeded in 
 electing a majority of delegates, who they had every reason to 
 believe were favorable to his nomination. The convention, hoAvever, 
 unexpectedly adopted a rule requiring a vote of two-thirds to secure 
 the nomination, and in that Avay succeeded in defeating Mr. Van 
 Buren. James K. Polk, of Tennessee, was nominated. Mr. Van 
 Buren was opposed to the annexation of Texas, and that was the 
 cause of his defeat. 
 
 The characteristics of Mr. Van Buren's mind, and his previous 
 course as a politician, render ic certain that he would have modified 
 his views, so as to have put them in consonance with the views of a 
 majority of that convention if he had deemed such a course necessary 
 to secure his nomination. He thought, however, that he had already 
 secured a majority, that would nominate him without •compelliug 
 him to make a sacrifice of his former principles on that question. 
 Mr. Van Buren, notwithstanding his great political experience and 
 
100 
 
 knowledge of mankind, in my opinion, fell into a great error, in 
 countenancing knaves among his political supporters, and in ad- 
 vancing them, and in allowing them to be advanced to stations of 
 political influence and power. It may be possible that he found the 
 political organization to which he was attached so corrupt, that he 
 could not pursue any other course, without endangering his political 
 success. It might have caused serious and well grounded alarm 
 and consternation among his followers, had he announced seriously, 
 confidentially and truly, or by his conduct shown, that he would 
 in future only countenance honorable andupright men among his 
 political supporters. 
 
 The candid mind, that has witnessed the state of political morality 
 in the United States, for the last twenty years, will admit, that if 
 Mr. Van Buren entertained such apprehensions as have been sug- 
 gested, those apprehensions were not groundless. It would certainly 
 have caused a most alarming depletion in the ranks of his followers, 
 had the knaves been expelled from those ranks. Mr. Van Buren 
 finally fell a victim to this error, if error it was, whereupon his 
 more immediate friends made a great clamor about political moral- 
 ity. If we take a philosophic view of the subject, we shall be sur- 
 prised to observe how great a resemblance there is between the mo- 
 tives which govern our great political leaders, and the motives which 
 govern the great masses of our politicians. Mr. Van Buren pos- 
 sessed an artful and powerful mind, and he calculated that the 
 position which he occupied would enable him to use the great masses 
 of democratic politicians as instruments for advancing his own ambi- 
 tious and perhaps selfish projects. He made his professions to his 
 followers, and distributed his favors among them, with a selfish 
 view to tbose ends. His followers were actuated by precisely simi- 
 lar motives, when they cheated him out of the nomination for the 
 Presidency, in 1844. They thought they could find another leader, 
 who could minister more effectually than he could, to their own 
 selfish and ambitious projects. 
 
 Messrs. Wright and Butler were the only politicians between 
 whom and Mr. Van Buren an intimate personal and confidential 
 friendship appeared to subsist. Those gentlemen adhered to 
 him with honorable fidelity, and would probably have sacrificed 
 their own political prospects to have advanced his. It is equally 
 probable that Mr. Van Buren would have made sacrifices to have 
 Bustaincd Messrs. Wright and Butler. His connexions, how- 
 
101 
 
 ever, with the great masses of his followers were conducted in a—x 
 very different spirit. Feelings of disguise and concealment, and ) 
 perhaps of selfishness, characterized Mr. Van Buren in his inter- 
 course with the masses of his followers ; and feelings of disguise, 
 and concealment, and selfishness, characterized the masses of his 
 followers in their intercourse with Mr. Van Buren. Retributive 
 justice appeared to be awarded to him with an even hand, in both 
 instances. 
 
 Mr. Clay has also exemplified in a remarkable manner, the vast 
 difference between your bull goring my ox, and my bull goring 
 your ox. It was certainly the general habit of Mr. Clay to aban- 
 don his political friends, when they could no longer sustain them- 
 selves with the people; and yet he complained most bitterly of the 
 treachery and injustice of his political friends, when they abandoned 
 him for a precisely similar reason. Our great men are too apt to 
 calculate that the depth and power of their intellects enable them 
 to conceal their real thoughts and motives from the world. Mr. 
 Clay was certainly much more frank and sincere in his intercourse 
 with the world, on great questions of state, than Mr. Van Buren. 
 In his intercourse, with the great masses of his followers, however, 
 his professions of friendship for them were quite as delusive and 
 selfish as those of Mr. Van Buren on similar occasions. 
 
 I shall here make a quotation from Gibbon, for the purpose of 
 showing the unsophisticated portion of my readers, that policy, 
 hypocrisy and concealment, when exhibited by a great statesman, 
 on great questions of state and of public policy, are nothing new 
 under the sun. Gibbon, when writing of the Roman Emperor, 
 Severus, remarks — "Falsehood and insincerity, unsuitable as they 
 seem to the dignity of public transactions, offend us with a less 
 degrading idea of meanness, than when they are found in the inter- 
 course of private life. In the latter they discover a want of cour- 
 age, in the other only a defect of power. And as it is impossible 
 for the most able statesmen to subdue millions of followers and 
 enemies, by their own personal strength, the world, under the name 
 of policy, seems to have granted them a very liberal indulgence of 
 craft and dissimulation." 
 
 Our executive ofiicers, both state and national, have, to my mind, 
 displayed a singular want of sagacity, for many years, in their 
 selections for offices. Their ruling object, when they make such 
 selections, is to choose such men as will add strength to their party. 
 
102 
 
 and advance tlieir own political prospects. Now, it is a singular 
 fact, that tlie administration of Gen. Washington, actuated by the 
 most upright and patriotic^motives in making their selections for 
 offices, pursued a course more eminently calculated, even as a mat- 
 ter of political policy and sagacity, to strengthen the administration, 
 than any course which the ablest unprincipled politician could possi- 
 bly devise. That policy consisted in selecting from their party those 
 men who were most remarkable for acquirements, ability and integ- 
 rity. It is really surprising, that a man so remarkable as Mr. Van 
 Burcn for acquirements, ability, and knowledge of mankind, should 
 not have become more thoroughly convinced than he appears to 
 have been, long ago, that no reliance could be placed on knavish 
 political supporters. 
 
 I have heard such a proverb as "Honor among thieves," although 
 the late police investigations have shown said proverb to be a fal- 
 lacy. I have yet to learn, however, that there is any proverb which 
 shows that there is honor among knaves. A man Avho is really and 
 intrinsically a knave, never can be relied upon. It is impossible 
 for any man to calculate the moment at which he will be deserted 
 and betrayed by such a supporter. I venture to say, if Mr. Van 
 Buren had uniformly, through life, used all honorable means to 
 elevate that portion of his political friends and followers who 
 were most remarkable for abilities, acquirements and integrity, 
 that he would not, in his old age, have had reason to complain of 
 the wholesale treachery of the political organization of his party 
 towards him. 
 
 Political leaders, and public functionaries, to be useful to a party, 
 ought to possess the confidence of the people. Now, will any acute 
 observer look around him, at the ordinary transactions of life, and 
 say that a knave possesses the confidence of the people, or even the 
 confidence of the knavish portion of the people ? From this natural 
 sagacity of the people, our political leaders might learn a very useful 
 lesson. They think they are wiser than the people, and that they can 
 trust knaves to a certain extent, and use them for the advancement of 
 their own selfish and ambitious projects; the experience of a life- 
 time will be very apt to enlighten many of them as to their error. 
 To form a political organization of knaves, is to bring together a 
 body of men who cainiot place any confidence whatever in ono 
 another, and who will be incessantly attempting to undermine, 
 denounce and cheat each other. It can be demonstrated to tlic 
 
103 
 
 satisfaction of all men of really superior intellects, that honesty 
 would be the best policy on the part of our executives and leading 
 politicians, when they undertake to select public functionaries. 
 Where public functionaries are able and upright, even when they 
 are not generally known to the community when first selected, they 
 soon become more generally known, than men who are destitute of 
 those qualities, or deficient in those qualities ; and they acquire the 
 confidence of the public, and a Aveight and an influence with the 
 public, such as their unworthy competitors never could attain to. 
 
 Now, is it not evident to the mind of every statesman, that an 
 administration composed of such men must inevitably acquire the 
 public confidence, to a much greater extent, and give strength and 
 dignity to a party, to a much greater extent than any other body 
 of men who could possibly be selected. Although the people are 
 not always accurate in their decisions, with regard to the capacities 
 and acquirements, and moral characters of men, even Avhen those 
 men are placed before them, in situations equally favorable, for the 
 purpose of attracting their attention, and for the purpose of ena- 
 bling them to form their opinions without any unfair bias. Yet 
 there is an enlightened and powerful public opinion among the 
 people, which discriminates with great accuracy on those questions, 
 and which is entitled to a much greater degree of respect than is 
 generally conceded to it, on those questions, by our politicians and 
 statesmen. I know that our politicians and statesmen generally 
 profess the most unbounded confidence in the intelligence of the 
 people ; they show us, however, by their actions, that they regard 
 us as the most stupid, ignorant, and silly of all earthly tribunals. 
 A politician would not attempt to deceive even a justice of the peace 
 with such transparent and shallow devices as he will use without 
 hesitation, for the purpose of deceiving the great masses of the 
 people. 
 
 It has long been regarded as a rule of good sense and of good 
 breeding, never to attempt to deceive those for whose intelligence 
 we have a feeling of respect : now is it not a notorious fact that our 
 politicians and statesmen, almost without exception, when they pre- 
 pare a document or a speech for the public, do so with a deliberate 
 design to deceive them. They will acknowledge frankly among their 
 friends in private that their real sentiments are very different from 
 those they have given to the world. These men will often appeal 
 with artful and diabolical skill to what they suppose arc the prcju- 
 
104 
 
 dices of the people, for the purpose of exciting popular indignation 
 and hatred against their political rivals or competitors, because those 
 rivals or competitors have expressed opinions precisely similar to 
 those which they really entertain themselves; hut against which 
 they suppose that a popular prejudice exists. While the politicians 
 profess to consider us their masters, they treat us not only as slaves, 
 but as slaves deplorably deficient in intellect and intelligence. A 
 well bred Englishman would not state a falsehood in the presence 
 of his sovereign : in this country the people are the sovereigns, and 
 every well bred man should behave in their presence as a well bred 
 Englishman would behave in the presence of his sovereign. Truth 
 and correct information should alone reach the royal ears. 
 
 If I could persuade the people to be of my way of thinking, I 
 am much inclined to believe we "should teach our politicians and 
 statesmen that their professions about being the servants of the 
 people were not altogether unmeaning sounds. They would find it 
 necessary very seriously to reform both their morals and their man- 
 ners; or they would soon find that their professions were based 
 upon a practical reality. I wish I had the power of convincing our 
 statesmen and politicians of what I know to be true beyond all doubt 
 or cavil, that no man can place confidence in a knavish friend or 
 supporter, or coadjutor; you may rely upon it, if he will cheat 
 others he will cheat you also if a proper opportunity occurs. The 
 man who employs such persons will either come to that conclusion 
 in the long run, or show the world by his example that he ought to 
 have come to that conclusion. 
 
 Mr. Van Buren, during his tour through New York in 1839, ex- 
 tolled the intelligence of the people in his speeches, and said sub- 
 stantially that our public men did not rely with a sufliciently abiding 
 confidence on the intelligence of the people. It was predicted by a 
 friend of Mr. Van Buren who had formed a tolerably accurate idea 
 of the character of his mind, that if he should be defeated in 1840 
 he would soon preach a very different doctrine. Well, Mr. A^'an 
 Buren was badly beaten in 1840, and he really soon literally fulfilled 
 the prediction of his friend by preaching a very different doctrine. 
 
 Mr. Van Buren, in one of his letters before the nomination in 
 1844, substantially told the people, in a manner not to be mistaken, 
 that if they did not re-elect hira, they were incapable of self govern- 
 ment. This reproach was certainly not in good taste. Whatever 
 may be the faults of the people it did not become a man who had 
 
105 
 
 received so many favors at their hands to turn so suddenly upon them 
 after his first defeat, with a reproach so contemptuous. 
 
 Mr. Van Buren in 1839 had every reason to believe that ho was 
 sailing on the flowing tide of popular favor. Through a long and 
 eminently prosperous life, he had uniformly received favors of a 
 most substantial and flattering character, from the people. What- 
 ever might have been the effects of the workings of our popular 
 institutions on the worldly prosperity and political success of other 
 great statesmen, in his case, those eftects had been every thing 
 that he could reasonably desire. In 1839 he, doubtless, felt a com- 
 placent love for the people, and a sincere respect for the intelligence 
 of the people. He had obtained every thing under the workings of our 
 popular institutions, that his own good sense taught him he had any 
 right to claim as justly his duo. In 1840, however, he had been de- 
 feated by a man greatly his inferior in intellect, and his opponents 
 had raised their loudest clamors against those measures of his admin- 
 istration which his judgment taught him were clearly right. It was 
 natural that he should look upon the people and upon our popular 
 institutions in a very difi"erent light when suffering under the mortifi- 
 cation of a defeat under such circumstances, from the light in which 
 he had regarded the people and our popular institutions when riding, 
 on (what he supposed to be) the swelling tide of popular favor. 
 
 A change equally striking had taken place in the opinions of John 
 Quincy Adams, under circumstances of a very similar character- 
 Between 1824 and 1828, his presidential term, Mr. Adams had 
 partaken of a public dinner on the ground where the battle of North 
 Point was fought, below the city of Baltimore. On that occasion 
 he had given as a toast the words, "Ebony and Topaz," and he had 
 explained them to mean the spirit of darkness and the spirit of light. 
 He professed to intend by his allusion, to cover the cause of Great 
 Britain with the spirit of darkness and the cause of the United 
 States with the spirit of light. We all remember how very seriously 
 Mr. Adams modified those views after he had been expelled from 
 the Presidency by Gen. Jackson. On one occasion, Avhen he was 
 engaged in discussing the merits of Mr. Calhoun's despatch on the 
 slavery question, he exclaimed, "We shall see what answer the suc- 
 cessor of Elizal)eth will return to this." 
 
 Mr. Van Buren has declared since his defeat in 1840, tliat what- 
 ever ambition he may have felt at one time, to become President 
 of the United States, said ambition has no longer an existence. 
 14 
 
106 
 
 I am persuaded he did not take a philosophic view of the impulses 
 of his own mind and heart when he made that declaration. The 
 love of power and fame and prominent political position, is so natu- 
 ral to the minds and hearts of great statesmen, that I believe if Mr. 
 Van Buren's wishes were tested on the subject by an actual bona fide 
 offer of the Presidency, by those having the power to bestow it, he 
 would not only accept the position, but accept it with a feeling of 
 gratified ambition. And I think it highly probable, that whatever 
 may be his opinion at the present moment, with regard to the capa- 
 city of the people for self-government, he would once more begm to 
 perceive their searching intelligence and pre-eminent capacity and 
 inclination to promote the cause of justice and good government, 
 when entrusted with political power. 
 
 We now come to the last political act of Mr. Van Buren's life. 
 In 1848, he permitted the Free Soil party to place him before the 
 nation, as their candidate for the Presidency. This was certainly 
 a most extraordinary movement on the part of Mr. Van Buren. 
 That he, through life, really disliked slavery, or any system of gov- 
 ernment which inflicted extreme cruelty on the human race, I firmly 
 believe. It is equally certain, that in the Free Soil movement in 
 1848, he sustained the original principles of the Democratic party 
 on the subject of slavery, as expounded by Jefierson; and it is 
 equally certain, that Mr. Van Buren, in his letter on that subject, 
 sustained those principles with a comprehensiveness of views and 
 extent of research, which surpassed those exhibited by any other 
 man who wrote or spoke on that subject; but he most assuredly 
 placed too low an estimate on the intelligence of public opinion; if 
 he supposed that he could convince that public opinion, that his 
 course in 1848, was consistent with the course Avhich he had taken 
 in his inaugural address, and with his course on the subject of sla- 
 very during the administration of Gen. Jackson, and during his 
 own administration, his attempt to reconcile his course on the sub- 
 ject of slavery in 1848, with his former course on that subject was 
 fruitless. 
 
 I always thought, that John Quincy Adams, in his zealous oppo- 
 sition to slavery, was stimulated by a desu-e to acquire an European 
 reputation, and I think it quite probable, that a similar motive had 
 a good deal of weight in inducing Mr. Van Buren to take the stand 
 which he did on the slavery question in 1848. It is all true, that 
 VIr. Van Buren, on the Missouri (lucstion in 18:i0, had taken simi- 
 
107 
 
 lar ground; that, however, ^vas in better days; a northern man 
 with southern principles, would then have been a rant avis in terns. 
 Since the nomination of Pierce and King, Mr. Van Buren has pla- 
 ced himself once more fully and clearly in the ranks of the regular 
 organization of the Democratic party. The success which attended 
 Mr. Van Buren's practice at the bar, renders it quite certam, that 
 he did not seek political elevation with a view to pecuniary gam. 
 It is certain that he could have acquired a much larger share of 
 wealth than he has done, if he had devoted his time exclusively to 
 the profession of the law. No office that he ever sought or accep- 
 ted, was at all likely to afford him such a favorable opportunity of 
 accumulating wealth, as a practice at the bar worth ten thousand 
 dollars a year. In entering political life, h« was unquestionably 
 actuated by a desire for power and fame, and perhaps by a patriotic 
 wish to serve his country. It is fit, just and proper, and for the 
 benefit of the country, that a man possessing such an iatellect as 
 Mr. Van Buren possesses, should devote a portion of his time to 
 affairs of State as well as to the law. 
 
 It is greatly to be regretted, that the people do not more justly 
 appreciate the importance of elevating men of superior intellects, 
 acquirements and high characters, to high political stations. De 
 Tocqueville alleges that the people do not desire to elevate men of 
 superior intellects, acquirements and high characters, to such sta- 
 tions. He alleges that such men excite the envy of their fellow 
 citizens, when placed in high political stations, or what amounts to 
 the same thing in substance. He alleges that they systematically 
 select men, who arc destitute of those high qualities; because such 
 men, when placed in high political stations, cannot excite the envy 
 of their fellow-citizens. If 'this charge is true, I fear it will be a 
 hopeless task to reason with the people on that subject And yet, 
 it would seem very just and reasonable, that, inasmuch as the 
 great masses of mankind do not possess superior intellects them- 
 selves, they should feel less envy at the elevation of a man really 
 superior to them in intellect, than at the elevation of a man only 
 equal to them, or perhaps inferior to them in intellect. The great 
 intellects of the country are few in number, and if all who really 
 possess superior intellects, were placed in high political positions, a 
 wide field would still remain for mediocrity office hunters. If the 
 course which I have suggested, should be adopted, public affairs 
 would be wisely and ably managed. Such a course on the part of 
 
108 
 
 the people would encourage men of superior intellects to prepare 
 themselves for such stations, by a proper course of study and read- 
 ing. We should then get rid of a reproach made against us, with 
 too much truth, by foreigners, that the great masses of our people 
 when entrusted with political power, delight in degrading every 
 thing that is upright, manly, noble and generous in the human in- 
 tellect and character. 
 
 Whatever avarice or narrow-minded worldly wisdom may urge 
 to the contrary, I think a successful lawyer, who possesses the ca- 
 pacity of a statesman, and who has accumulated as much property 
 as will render himself and his family comfortable and independent, 
 ought to devote a portion of his time to public affairs. I think such 
 a course, on the part of such a man, under such circumstances, 
 would be wise, patriotic and praise-worthy. Indeed, I do not know 
 but he would act a wiser part, even according to the narrowest 
 worldly wisdom, who would manage to give his children good educa- 
 tions, and start them comfortably in life, than if he were to spend 
 his whole life-time in accumulating a fortune of fifty or one hundred 
 thousand dollars for them, of which, three-fourths of them would 
 probably waste their portions, before he was ten years in the grave. 
 It is certain, that no wise or prudent man will neglect to provide 
 for the comfort and independence of his family ; and if we are to 
 judge of the future by the present mode of managing our great 
 statesmen, I would not risk my reputation for common sense, by 
 advising any statesman, however able to enter on that course of life 
 until he has first secured an independent competence for himself 
 and his family. 
 
 It is certain that De Tocqueville has described the intellectual cal- 
 ibers, acquirements, and moral characters of the members of our 
 legislative bodies with singular accuracy and justice. He says that 
 the Senate of the United States is the only really able legislative 
 body in the Union. lie says there is not a man of superior intellect 
 in the House of Representatives. The great mass of the members of 
 the House of Representatives at the time when De Tocqueville wrote, 
 were certainly such as he has described them to be. In the early 
 days of the republic such an assertion could not have been truly 
 made witli regard to the members of the House of Representatives. 
 Now, notwithstanding this deplorable state of afiairs, is it not gen- 
 erally true that the great masses of our people really believe that 
 merit is sure to receive its just reward in the distribution of offices? 
 
109 
 
 It is certain that many of our young aspirants for office get their 
 minds somewhat enlightened on that point by a few years of expe- 
 rience. It is so much the fashion of the times, however, for all 
 stump orators, party organs and politicians to administer unadul- 
 terated praise on the workings of our institutions and on the infalli- 
 bility of the people, that it is not an easy matter for an inexperi- 
 enced mind to avoid being imposed on at first by a clamour so 
 universal. I have remarked on more than one occasion, that when 
 either party nominates a man remarkable or unusually noted for im- 
 becility and knavery, they take an infinite degree of pains to con- 
 vince the people that the candidate is an able and an honest man. 
 If the people really desire to vote for able and honest men, I would 
 respectfully suggest that our great political parties place too low an 
 estimate on their understandings if they suppose that it would not 
 be easier to persuade them that men who really possessed superior 
 intellects and qualifications actually possessed them, than to persuade 
 them that imbeciles and knaves possessed those high qualities. It 
 would also be an inestimable saving in the wear and tare of con- 
 science on the part of our orators, journals and politicians. If I have 
 expressed an opinion that men who possess statesman-like intellects 
 should prepare themselves for public life under certain circumstances, 
 I am equally decided in my conviction that men of mediocrity intel- 
 lects should never seek such stations. Such men, if they desired to do 
 so, could not acquire the necessary information to make them val- 
 uable in such stations. Being incapable of taking statesman-like 
 views on great questions, they will neither appreciate nor relish the 
 information necessary to a correct understanding of those questions, 
 and will never be able to compare with statesman-like minds in the 
 extent of their information on such subjects ; even where the parties 
 on most subjects have equally strong memories, and the only dif- 
 ference between them is in comprehensiveness of views and states- 
 manlike ideas. Men appear to me to possess a power of acquiring 
 information in proportion to the number of their faculties. I have 
 met with instances in which one man possessed, united in one mind, 
 all the different faculties which characterized the minds of half a 
 dozen other men of the same grade of caliber with himself; and 
 yet of the other half dozen men, each one possessed some faculty 
 which not one of the remainder of the half dozen possessed. The 
 first one alluded to, who possessed all the useful intellectual faculties 
 of the other six men united in one mind, could acquire an amount 
 
110 
 
 of general information greatly surpassing that which could be ac- 
 quired by any one of the other six. By his various faculties of 
 reasoning and by his combinations of views and elements, he could 
 make himself much more efficient in many of the avocations of life 
 than any of the other six men, particularly, in the law and in affairs 
 of state. Indeed, in aiFairs of state, great minds are the only 
 ones that possess any substantial value for executive and legisla- 
 tive offices. Men of mediocrity intellects have no legitimate claims 
 to such offices; indeed, such offices ought not to be sought 
 by such men, and ought not to be conferred on them, when 
 men of superior intellects can be procured for such stations, 
 who advocate the right kind of principles, and who are otherwise 
 well qualified to fill them. I will add, that however natural it is, 
 that an ambitious love of fame should actuate great minds, in their 
 struggles for place and power, and however strong such motives may 
 be in urging them to honorable and upright actions ; and however 
 politic it may be, that such motives should be encouraged and stim- 
 ulated in their minds, I think, nevertheless, that the people should 
 choose their officers precisely as they would choose a man to do a 
 job of work for them. They should always choose those men who 
 will perform the work m the best manner. If this rule were adopt- 
 ed and faithfully carried out, I think it would soon banish imbecility 
 and corruption from our high places. If abilities, acquirements, 
 good moral characters, and faithful and honorable public services, 
 were always sure to give those who possessed such qualifications an 
 advantage in their contests for offices, it is surprising what a pro- 
 digious moral reformation it would bring about. I have often been 
 startled to observe what a prodigious amount of endurance our office- 
 hunting fellow citizens exhibit in restraining their passions, and con- 
 cealing their sentiments, when such restraints and concealments 
 appear to them to be necessary, for the purpose of advancing their 
 political interests. The powers of endurance which they exhibit 
 on such occasions, are so remarkable, that I have often felt great 
 regret that such powerful motives were not turned to the paths of 
 truth and virtue. An ardent desire for offices is excusable, and 
 perhaps praiseworthy, on the part of those who possess superior 
 qualifications to fill them , but such a desire is not excusable on the 
 part of those who do not possess such qualifications. The people 
 should so effectually rebuke the aspirations of the men of medioc- 
 rity intellects for such stations, that they would in future devote 
 
Ill 
 
 themselves exclusively to the affairs of private life. And I must 
 confess, if we take a rational view of such subjects, and leave all 
 delusions out of the way, it would not be difficult to satisfy nearly 
 all intelligent minds, that such a course would be most conducive to 
 the happiness of the great mass of office-holders and office-hunters 
 themselves. 
 
 Some of our most candid and able statesmen have declared that 
 our office-holders have been depreciating in intellect, and in educa- 
 tion, and in moral character, at a most frightful but steady rate, 
 nearly ever since the foundation of this government. It is difficult 
 to convince the great masses of the community of this fact ; they per- 
 ceive the great advances which have been made by the civilized world 
 in modern times, in the material sciences, and it is not an easy mat- 
 ter to convince them that a similar improvement has not taken place 
 in the science of government. I cannot help thinking, that if due 
 attention were given to the subject, the minds of a large portion of 
 the men of mediocrity intellects might be taught to regard office- 
 holding and office-hunting in very different lights from those in 
 which they now regard those occupations. 
 
 The honest, industrious and thriving mechanic, or laborer, or 
 farmer, is seldom the man who is likely to obtain an office, and yet 
 private life opens some of its most attractive paths to such a man. 
 He may obtain a beautiful and virtuous wife and have a healthy 
 and virtuous offspring; and with economy and good management, 
 comfort and independence, and even wealth, are almost certainly 
 within his reach. If he unites with those advantages uprightness 
 in his intercourse with the community, and a humane and just 
 demeanor, he will occupy a far more desirable position in society, 
 and leave behind him a more lasting good name than the ephemeral 
 politicians of the day. 
 
 Although it is certain that the people frequently do great injus- 
 tice to the characters of men, it is, nevertheless, surprising with 
 what acuteness they will perceive the merits of a man, if it is cer- 
 tain that he does not seek and is not likely to obtain an office. Even 
 under such circumstances, however, a man would be greatly deceived, 
 who should anticipate truth and justice, on all occasions, at the 
 hands of the people. I very much question whether the most suc- 
 cessful, among the men of mediocrity intellects, in obtainig offices, 
 would not gladly exchange stations and characters with lionorablc, 
 upright and intelligent mechanics, and laborers and farmers, who 
 
m 
 
 had been successful in raising themselves and their families to com- 
 fort and independence in life, even where such office-holders have 
 themselves attained to comfort and independence in their circum- 
 stances, results which it must be admitted are seldom attained by 
 office-holding. There are probably one hundred fortunes acquired 
 by men who have never held an office, for every one acquired by an 
 office-holder. Fortunes thus acquired do not subject the owners to 
 the same degree of envy which fortunes acquired by office-holding 
 would do. Nearly all office-hunters — and their name is legion — 
 envy a successful office-holder his gains ; they appear to think that 
 they have themselves been robbed of their just rights, in not being 
 permitted to obtain those offices and those gains. 
 
 Let us now turn to another circumstance. What do mediocrity 
 intellects gain, in the way of fame, by the usual success which 
 attends them, when they get into our legislature, or into Congress, 
 or even into state executive offices ? A man of mediocrity intellect, 
 who gets into the legislature, after two years' service, (the usual 
 limit,) returns home a broken-down politician, more insignificant in 
 the estimation of his fellow citizens than he would have been if he 
 had never held any office whatever. They look upon him as a man 
 who has had his turn of power and dignity. Those men, if politi- 
 cians by profession, in two or three years, are usually so reduced in 
 circumstances, that to avoid the degradation which attends destitu- 
 tion, they frequently remove to some part of the country where 
 their pride will not be so often wounded by a reminiscence of better 
 days. They see everywhere around them, men who began the world 
 without the advantages which they possessed, and who having had 
 the good fortune to be violently repulsed by the people, in their 
 first attempts to procure offices, or who perhaps having voluntarily 
 turned their attentions to the other avocations of life, have acquired 
 comfort, independence, and even wealth. They cannot endure their 
 own humiliation in such society, and consequently remove from it. 
 
 John S. Skinner complained of the difficulties which he encoun- 
 tered in inducing farmers to meet and to form agricultural societies 
 He said that the great political leader had only to announce that 
 he would address the people, and he could gather a meeting at any 
 cross-roads, to be caught and clipped like a Hock of sheep, for the 
 benefit of their great pohtical leader. Although great pohtical 
 leaders unquestionably flourished in Skinner's day, I think it will 
 soon require a more than ordinary degree of audacity, to call our 
 
113 
 
 political leaders great Skinner was right as to the actual results. 
 The people were literally caught and clipped for the benefit of their 
 great political leaders. He docs not, however, appear to have sus- 
 pected the true motives of the people in assembling. Their real 
 objects were to catch and clip their great political leader, and 
 throuffh him, to influence the national and state executives and the 
 party organizations, with a view to their own advancement and the 
 advancement of their relatives, in the way of obtaining ofiices and 
 party nominations ; that the great masses of such aspirants have 
 not the smallest probable prospect of success, is absolutely certain. 
 Indeed, it would require the mental magnifying powers of Lord 
 Ross's telescope, to perceive the prospects which the great masses 
 of office hunters really have of succeeding. It is surprising how 
 little the great masses of the people really have to do with the dis- 
 tribution of ofiices. The whole business is generally managed by 
 the political leaders and managers, they make nearly all the execu- 
 tive appointments and party nominations. 
 
 It is all true, that the party nominations are sometimes, but very 
 seldom, however, defeated by the people. The candidate of one or 
 the other of the parties, is generally successful. Aspirants to office 
 will be much more likely to succeed by turning their attentions to 
 the political leaders and managers, than by turning their attentions 
 to the people. I must confess, however, that I am wholly unable 
 to suggest any line of conduct, which can be relied on with reason- 
 able certainty, as leading to the favor, either of the political leaders 
 and managers, or of the people. The fortunate discoverer of such 
 a system, could certainly command wide-spread attention through- 
 out the United States. The delusive idea, that the great masses o 
 the people manage such matters, misleads many people. Nearly 
 every man imagines that he has friends among the people, who 
 would vote for him for ofilce, if they had an opportunity to do so, 
 and ho confidently anticipates success, when a candidate for office, 
 until he tests the matter and finds to his astonishment, that they 
 Avill not vote for him ; he is apt then to become soured in his inter- 
 course with his fellow men. People will scarcely credit me, Avhen 
 I assure them, that those men whose chances for offices are abso- 
 lutely hopeless, are often much better liked and much more highly 
 esteemed by the very people who voted against them, than their 
 successful rivals. 
 
 Indeed, I think in all candor and sincerity, that defeated aspi- 
 15 
 
114 
 
 rants for offices, ought not to be too Lastj, in concluding that they 
 do not possess the confidence and good will of their felloAV-citizens. 
 I shall now return to Mr. Van Buren in private life. He was a 
 model of industry and perseverance, and appears to have been an 
 honorable and an upright man. After a calm survey of his whole 
 political life, I cannot avoid the conclusion, that it is very question- 
 able, whether he could ever have reached the office of President of 
 the United States, had he acted otherwise than as he did act in his 
 intercourse Avith his fellow-citizens. If he has constantly appeared 
 in public life, and often in private life, in an artful disguise, that 
 artful disguise was, in all human probability, absolutely necessary 
 to political success. We have seen by his conduct in the New York 
 convention, that his political position enabled him to do a great deal 
 of good on that occasion, and it is more than probable that his po- 
 litical position enabled him to do good on other occasions. If ho 
 had pursued a more open and sincere course on all occasions, he 
 would probably have debarred himself from public life, and would 
 have enabled men much less able to serve their country, and much 
 less scrupulous whether they did so faithfully, honorably and 
 uprightly, to obtain the offices which he at different times held. I 
 do not wish to be understood, as doubting that Mr. Van Buren 
 preferred the cause and principles of the Democratic party from 
 conviction. 
 
 It is equally certain, that his success at the bar placed him above 
 the temptation of seeking official stations, from pecuniary motives. 
 He was doubtless actuated by a desire to make his abilities useful 
 to his country, and to send his fame down to posterity. It is but 
 fair to say, that few of the leading statesmen of the party to which 
 he belonged, would have risked their standing with that party by 
 taking the manly, generous, humane and just course which he took 
 in the New York convention. It is equally fair, however, to say, 
 that very few, if any of them, could have taken such a course with 
 impunity. I will here insert a quotation from Burke's reflections 
 on the French revolution. The remarks of Mv. Burke were applied 
 to the French legislative assembly, the principles which he incul- 
 cates, however, will apply Avith equal force and propriety to the 
 political organizations of the democratic party, and to the positions 
 which Mr. Van Buren held in that party. Mr. Burke says : — "In 
 all bodies, those who will lead, must also, in a considerable degree 
 oUow, they must conform their propositions to the taste, talent and 
 
115 
 
 disposition of those whom they wisli to conduct ; therefore, if an 
 assembly is viciously or feebly composed, in a very great part of it, 
 nothing but such a supreme degree of virtue, as very rarely appears 
 in the world, and for that reason cannot enter into calculation, will 
 prevent the men of talents, disseminated through it, from becoming 
 only the expert instruments of absurd projects. If what is the 
 more likely event, instead of that unusual degree of virtue, they 
 should be actuated by sinister ambition and a lust of mcritricious 
 glory. Then the feeble part of the assembly, to whom, at first, 
 they conform, becomes in its turn, the dupo ajid instrument of their 
 designs. In this political traffic, the leaders will be obliged to bow 
 to tlie ignorance of their followers, and the followers to become sub- 
 servient to the worst designs of their leaders." Although, I hope 
 my rea<lers will acf|uit Mr. Van Duron of some of the sinister mo- , 
 tives, predicted by Mr. Lurkc, 1 cannot venture to ask them to say n 
 that he, as a public man, possessed that supremo degree of virtue U 
 which very rarely appears in the world. Silas Wright was proba- 
 bly more distinguished for integrity and disinterestedness, as a poli- 
 tician, than any of the great leaders of the party, which supported 
 Mr. Van Buren. And yet, it is impossible for any acute mind to 
 read the speeches of Mr. Wright, without being convinced that 
 he perpetually wore a mask in his intercourse with the world as a 
 statesman and as a politician. It is absolutely painful and distress- 
 ing for an open-minded man to contemplate the patient, self-posses- 
 sion, with which he habitually disguised his thoughts as a statesman 
 and as a politician. 
 
 I have never met with any evidence that would impugn in the 
 slightest degree the assertions of his friends that he was an upright 
 man in his intercourse with society in private life ; attempts have 
 been made, however, by his friends, to represent him as an equally 
 upright man in public life ; and it was even asserted that Mr. Clay, 
 after the death of Mr. Wright, conceded to him uncompromising 
 integrity as a public man. This concession of Mr. Clay was, doubt- 
 less, correct as the world goes ; yet, after taking an unbiassed and 
 philosophic view of the conduct of Mr. Wright as a politician and 
 as a statesman, I am compelled to say that the historian who shall 
 attempt to represent him as a man of uncompromising and unbend- 
 ing integrity as a statesman and as a politician, will bo compelled to 
 draw largely on the philosophy of Burke and of Gibbon. Ilis habit 
 of disguising his thoughts, as a politician and as a statesman, was 
 
116 
 
 so interwoven with his mind, that ho could not lay it aside even when 
 he was evidently advocating measures in the support of which his 
 judgment fully concurred, and on which he could express his thoughts 
 with entire freedom and perfect impunity, and even with a firm 
 assurance of popular approbation, and official approbation, and the 
 approbation of the party organization to which he belonged. 
 
 The caution and discretion which Mr. "Wright uniformly displayed 
 were necessary to enable him to obtain and retain the confidence of 
 Mr. Van Buren. Mr. Wright possessed a comprehensive and states- 
 manlike mind, and was one of the most acute and logical reasoners 
 in the United States Senate. He evidently thoroughly examined 
 the questions which he discussed, and was very cautious and accurate 
 in his statements. I observed, during the administration of Mr. Van 
 Buren, that he evidently regarded that portion of his followers with 
 the greatest favor who were evidently sincere in their expressions of 
 admiration for his abilities and other good qualities, whether real or 
 imaginary. Artful hypocrites were evidently not favorites with him ; 
 unless when they had been on terms of the most intimate personal, 
 as well as political association with him. Messrs. Wright and But- 
 ler were his most intimate personal and political friends; they 
 received and deserved his confidence, and yet they were both (laying 
 aside French politeness and speaking in plain English) artful and 
 consummate hypocrites. It is quite probable that they preferred 
 Mr. Van Buren and his measures to the men and measures of his 
 adversaries, from conviction. It is nevertheless certain, however^ 
 that they were artful and consummate hypocrites. 
 
 Although Mr. Van Buren's mind is of an eminently reflective 
 character, I am persuaded he condemned the artful and hypocritical 
 portion of his followers without due reflection. Had the democratic 
 party and Gen. Jackson applied the same rule to himself, which he 
 appeared disposed to apply to others, he never could have become 
 President of the United States. 
 
 I have received information from an authentic source that the 
 wife and ancestors of Mr. Van Buren were all baptized in the Dutch 
 Reformed church. His wife subsequently became a member of the 
 Bresbytcrian church ; but IMr. Van Buren and his wife attended the 
 Dutch Reformed church when their residence made it convenient to 
 do so ; when that was not the case, Mr. Van Buren was in the habit 
 of attending the Presbyterian and Episcopal churches. Although 
 not ricli his circumstances are entirely independent; and he has, 
 
117 
 
 since his retirement from the Presidency, spent in agricultural anJ 
 other improvements and in the expenses of living, the whole of his 
 annual income, but taken care not to encroach upon the capital. 
 He did not acquire any portion of his property by marriage or inher- 
 itance in any form. His father gave his farm to a younger brother 
 ■who remained with him, and the subject of this biography approved 
 of that arrangement. He appears to have acquired his property as 
 successful lawyers generally do in the United States, partly by indus- 
 try, partly by good fortune, and partly by good management. I 
 have now finished the character of a great man, amiable and excellent 
 in private life, and fully equal to the average of the great men of his 
 day in political morality. And if any portion of the people are 
 disposed to say that the character of Mr. Van Buren would have 
 been more agreeable to them if he had uniformly exhibited noble and 
 generous sentiments, and a more manly and ardent desire to advance 
 the cause of morality, justice and good government on all occasions 
 and under all circumstances; I can assure such people that the 
 writer of this biography is no less ardent in his love and admiration 
 of such qualities than they are; yet I can make many alloAvances 
 for the frailties of our nature. And, although I cannot hold up the 
 public character of Mr. Van Buren as a model to imitate ; yet, 
 among frail and erring mortals, even in his capacity as a statesman 
 he has shown himself, on several important occasions, not to be 
 wholly unworthy of our love and admiration. If Mr. Van Buren, 
 in a judicial capacity, had exhibited pliability I never would have 
 asked any other meed for him, except the detestation and abhorrence 
 of mankind. The union of judicial integrity with pliability, in pol- 
 itics has been very common, both in England and in the United 
 States, and it would be very unfortunate for the people if it were 
 otherwise ; for there is no present prospect of amending the political 
 ductility of our statesmen, who are nearly all lawyers ; and were it 
 not a point of honor with them, never to bo violated under any cir- 
 cumstances, to discharge their judicial functions with unbending 
 integrity, we should be reduced to a hopeless situation indeed. 
 
 In personal appearance Mr. Van Buren is about the middle size, 
 his figure is graceful, his eye keen, and the general expression of 
 his countenance is intelligent, dignified and agreeable. His amiable 
 placidity of temper and admirable self-possession, have enabled him 
 to pass through his professional and senatorial career, almost with- 
 out personal brawls and wrangling. I am not aware that Mr. Van 
 
118 
 
 Buren has ever, on his side, engaged in a personal brawl or wrangle, 
 either at the bar or in the Senate. lie must, however, have received 
 many provocations to such encounters. It is more than probable 
 that he never gave way to such a propensity on his side. 
 
 Since the election of Gen. Pierce, I presume I may venture to 
 say that I have witnessed the rise and progress of the military glory 
 principle from its cradle to, I trust, its grave. Gen. Jackson was, 
 unquestionably, the first of our Presidents who was elevated to that 
 office by his military glory alone, whatever may be thought of the 
 wisdom of his measures or the practical results of his administration. 
 It is very certain he never would have been brought out by our 
 leading statesmen and political managers as a candidate for the 
 Presidency in the usual way, had it not been previously ascertained 
 in a species of scrub race for the Presidency, that he would be a 
 much more available candidate than any of the civilians. Gen. 
 Washington, on the contrary, although a soldier, and a popular and 
 successful soldier, possessed in a more remarkable degree than any 
 statesman of his day, the confidence of the great, upright, patriotic 
 and able statesmen of his time, and he deserved that confidence. Al- 
 though many able statesmen were finally among the political support- 
 ers of Gen. Jackson, few of them would be justly entitled to the other 
 characteristics which I have just conceded to that class of men who 
 were the supporters of Gen. Washington. The high-toned public 
 morality which characterized the administration of Gen. Washington 
 was nearly lost under the administration of Gen. Jackson. 
 
 It is now tolerably clear that the people, or rather the politicians 
 are but little disposed to favor military men ; that lukewarmness ia 
 probably caused by the discovery, now as clear as the sun at noon- 
 day, that military men seldom serve, except with a view to office 
 and popularity with the people. Now, inasmuch as nearly all the 
 political managers are office hunters, they look with a feeling of 
 jealousy on military men ; because their military services point them 
 out at all times clearly as aspirants for office. The office hunters 
 are not disposed to pay much attention to the military merits of their 
 rivals. Their military scrvics point them out clearly as office hunters, 
 and the office hunters are not to be moved a whit more by the mil- 
 itary merits of their rivals, than by the civil merits of their rivals ; 
 indeed, with a vast majority of office-hunters there is too much 
 reason to fear that genuine merit would prove only a stronger in- 
 centive to the destruction of a political aspirant. 
 
I shall now proceed to suggest a course of education for the 
 masses of the people, which I bcUevc,'or at least liopo, will, if adopted, 
 raise an educated democracy, possessing the virtues, without tho 
 vices, of a rich and educated aristocracy. I will premise, that if a 
 limited monarchy were even desirable, it is no longer possible in 
 the United States. The able statesmen of all parties are now 
 convinced that we have passed the Rubicon, and taken our chances 
 irrevocably, for better or for worse, with the masses of the people. 
 If our liberties shall be lost, the previous history of mankind has 
 shown that we cannot regain a limited monarchy, but must inevita- 
 bly run into an absolute despotism, to be preceded, perhaps, by an- 
 archy and confusion. 
 
 Although greater numbers of tho people now receive primary 
 educations, than received primary educations at tho time of the 
 Revolution, and for several years after it, yet those primary educa- 
 tions are seldom sufficiently thorough, even for primary educations. 
 It is a great mistake, however, to suppose that primary educations, 
 even when they are thorough and good ones, are sulFicient to make 
 the great masses of the people sufficiently intelligent, to enable 
 them to form an enlightened, moral, honorable, just and magnani- 
 mous public opinion, and to exercise the elective franchise with 
 prudence and skill. Reading, writing, arithmetic and Eno-lish 
 grammar, would now be considered a good primary education; and, 
 if well learned, a thorough primary education. 
 
 I will suggest a course of education, not because I suppose it to 
 be the most perfect that can be adopted, but because I believe it 
 will be a decided improvement on the course at present pursued • 
 and inasmuch as it is impossible for any one man to acquire an 
 extensive knowledge of many branches, it may be the means of 
 inducing men who have acfjuircd a thorough mastery of particular 
 branches, to indicate works on those branches, and make suggestions 
 on those branches, that will, I am fully persuaded, greatly facilitate 
 the educations of the people, I shall mention works on some of 
 the branches referred to, leaving it to others to make further sug- 
 gestions of works on the same branches. On some of the branches 
 which I shall recommend to be taught, although I am sufficiently 
 informed to be thoroughly satisfied of the great practical value of 
 those branches, I have read so little on them, that I shall leave 
 it to others to designate the works to be read on those branches. 
 
 After boys and girls have been taught to read and write, they 
 
120 
 
 should be tauglit English grammar and arithmetic thoroughly. 
 Particular pains should bo taken to instruct them thoroughly in the 
 multiplication table. They should first be taught to multiply by 
 each figure, in the regular way, and should then be drilled back- 
 wards and forwards through that figure, until it is evidently impos- 
 sible for them to make a mistake in it. The same course should bo 
 pursued through each figure, until the whole multiplication table is 
 learned. They should then be drilled backwards, and forwards, 
 and promiscuously through the whole multiplication table, until it 
 is absolutely certain that they cannot make a mistake in it. When 
 the multiplication table is once thoroughly learned, it will never be 
 forgotten. They ought to be thoroughly drilled in spelling, also, 
 by making them write the words. It will save them a good deal 
 of future mortification, if this course is pursued. 
 
 After the multiplication table is once learned, it will be an easy 
 task to teach them the simple rules, and probably the difficult rules 
 of arithmetic. It is useless to attempt to teach mathematics to the 
 great mass of minds. A faculty for mathematics, it is now well 
 known, is quite as rare as a faculty for poetry ; and although some 
 individuals may occasionally be found, who have finally exhibited a 
 capacity for mathematics, who did not at first evince an aptitude 
 for that science, such cases are rare, and the general rule will be 
 found as I have stated it to be. 
 
 After acquiring the branches already suggested, if the scholars 
 have reached the age of puberty, they should read in the order I 
 shall mention — first, a good work on physiology. Second, a good 
 work on chemistry. Third, a good work on geology. Fourth, some 
 work that would give them correct general ideas on the subject of 
 astronomy; inasmuch as that science has but little to do with the 
 practical affairs of life, a very moderate amount of information on 
 the subject, will be sufficient for the great mass. Fifth a good work 
 on geography should be read, but not committed to memory. Tiic 
 scholars, in their future intercourse with the world, and by reading 
 newspapers and other documents, will acquire a much more thorough 
 knowledge of geography, than they would have acquired at that 
 early period in life, by long and painful committals to memory. It 
 would be a useless waste of time to make the scholars commit 
 geography to memory. They will appreciate such information 
 more highly, when they afterwards read it, and hear it in their 
 intercourse with the world, and remember it better. Sixth, a good 
 
121 
 
 work on natural history. Seventh, a good work on ornithology. 
 Eighth, a good work on domestic economy. Ninth, An Inquiry 
 int'o the Nature and Causes of the Wealth of Nations, by Adam 
 Smith. This is a work of great value to the statesman, and of 
 inestimable value to every intelligent man and woman, old and 
 young, in the every day business of life. Raguet on Banking, &c. 
 is another work of great value to the statesman, and will prove use- 
 ful and instructive to the community at large, on the ordmary 
 business of life. Tenth, a good history of the United States should 
 be read. Eleventh, Duncan's Logic. This work, if it does not 
 improve the reasoning powers, is at least well calculated to give 
 just ideas of style and reasoning. It is not necessary that all the 
 works and branches suggested should be studied at school. 
 
 After leaving school, the scholars should read Gibbon's Decline 
 and Fall of the Roman Empire. Second, M'Cauley's History of 
 England. Third, M'Cauley's Miscellanies. This work is particu- 
 larly instructive, for the scientific manner in which the author 
 measures the intellects of great men. It also contains a large 
 amount of useful general information on many subjects. Black- 
 stone's Commentaries. Starkie on Evidence will improve the rea- 
 soning powers, and give just ideas of the weight of evidence. 
 Starkie on Slander. Chitty's Criminal Law ; and Bussel's Criminal 
 Evidence. The student who reads the aforesaid legal works, will 
 have an extensive, and almost a thorough knowledge of the crimi- 
 nal law. The student who reads Starkie on Slander, will have a 
 knowledge of the law of slander, and of the law of libel, sufficiently 
 thorough, when read in connexion with the other legal works already 
 suo-o-ested, to know how to conduct himself with prudence and safety 
 as a speaker or writer ; at least, any additional information which 
 ho might need on those topics, could be acquired in an hour, by 
 consulting a well read lawyer, Avho should be made aware that he 
 had read the aforesaid legal ,works. 
 
 Story on the Constitution, contains a very full legal history of 
 the State governments, and of the government of the United 
 States. Every politician should read it. A man, however, who 
 wishes to acquire a knowledge of constitutional law, on which reli- 
 ance is to be placed, should read Peter's condensed reports and 
 Peter's reports of the decisions of the Supreme Court of the United 
 States. The legal works which I have already suggested, although 
 essential parts of a lawyer's education, have only been mentioned. 
 
122 
 
 because every citizen, whether hiwyer or layman, should read them. 
 They will give the minds of those who read them, much more just 
 and appropriate ideas of their rights and duties as citizens, than 
 they would otherwise possess. If the great masses of the people of 
 the United States, receive such an education as I have suggested, 
 80 far as their capacities will enable them to acquire a knowledge of 
 the subjects enumerated, it will, undoubtedly, fairly test the capaci- 
 ties of numerical majorities for self-government. 
 
 It will be alleged by some, that but few people are capable of 
 acquiring any useful amount of knowledge, on many of the branches 
 suggested. A large number of the people, however, will be found 
 capable of acquiring an amount of knowledge by the course of edu- 
 cation suggested, such as must inevitably enable them, powerfully, 
 to influence and enlighten the minds of the masses, and very few of 
 the masses will be found who will not, themselves, derive a consid- 
 erable share of useful information and intelligence from such an 
 education. One thing is quite certain, that if such a course of ed- 
 ucation does not enable the masses to acquire a sufficient share of 
 intelligence to govern the country with wisdom, all hope of govern- 
 ing mankind in a just, intelligent and rational manner, by universal 
 suffrage and numerical majorities, will be at an end. The education 
 which I have suggested, although, a very comprehensive one, on 
 most of the branches suggested, would be found but a primary edu- 
 cation. It, however, would be found to enlighten the mind suffi- 
 ciently, to enable the student to pursue his future researches in an 
 intelligible manner. 
 
 It is impossible for any man to acquire an extensive knowledge 
 of all sciences, or even of many sciences. The student, however, 
 ardent and able he may be, will generally have to content himself 
 with a comprehensive and thorough knowledge of one science, and 
 a slight general knowledge of the others. It may be proper to in- 
 form the reader, that the educations acquired at the best colleges in 
 the United States, are only primary educations, and that it will re- 
 quire ten, or perhaps twenty years of judiciously directed study, to 
 acquire a thorough mastery of almost any one of the sciences or 
 professions. The Socialists in England, are now practically adopt- 
 ing a system of education for the masses, very similar, I presume, 
 to that which I have suggested. They are in the habit of instruct- 
 ing boys and girls in domestic economy, and other useful scientific 
 knowledge, and they allege, that the scholars understand, relish and 
 
123 
 
 highly appreciate the knowledge thus obtained. They perceive the 
 practical utility of the knowledge thus obtained in the every day 
 business of life, and they evince a zeal in searching for useful prac- 
 tical knowledge, and an aptitude in acquiring it, such as scholars 
 seldom, if ever, exhibit, in acquiring mere scholastic learning. The 
 system has been sufficiently tested in London, by private enterprizc, 
 to show that boys and girls, at least, after they have reached the 
 age of puberty, are fully capable of appreciating, understanding 
 and profiting by such knowledge. The avowed object of the Social- 
 ists is to qualify the masses of the people by such an education, for 
 universal suffrage. 
 
 Burke's Reflections on the French Revolution, is a very superior 
 work on government, and will prove instructive and useful to every 
 citizen and every statesman, who really desires useful information 
 on the subject of government. Garland's Life of John Randolph, 
 will prove instructive to every American politician. Plutarch's 
 Lives is an interesting work, admirably calculated to foster great- 
 ness of soul in statesmen and heroes. For the benefit of such as 
 wish to acquire a knowledge of standard literature, I will mention 
 some works. Shakespeare's Plays. I remember reading a work 
 entitled Elegant Extracts, which contained a very large collection 
 of the choicest English Poetry and literature. It will be well 
 worthy of the perusal of all who desire to acquire a graceful and 
 beautiful stylo. And all who really possess literary tastes, will find 
 it an exquisite luxury. Goldsmith's History of Greece, and Gold- 
 smith's History of Rome, will prove useful and instructive works. 
 Every intelligent man and woman should read Beck's medical juris- 
 prudence. The four British Reviews, and Blackwood's Edinburgh 
 Magazine, are very interesting and instructive periodicals. ^ They 
 will keep the reader better posted up with regard to the politics of 
 Great Britain, and of all the rest of the world, with the exception 
 of the United States, than any newspapers or periodicals that I am 
 acquainted with. They will also make the reader, who has not had 
 a thorough classical education, better informed with regard to an- 
 cient literature than any other sources. They will also make the 
 reader more extensively informed, with regard to modern literature 
 than any other sources. They will keep the reader better informed 
 with regard to modern discoveries in science and advances in civili- 
 zation throughout the whole world, than any other source^. Indeed, 
 they will give him a more thorough geographical knowledge of tbc 
 
124 
 
 world, and of the state of mankind in every part of the world, than 
 he can possibly find condensed into readable dimensions in other 
 works. They will prove judiciously, selected, intellectual, labor- 
 savino- machines, and most instructive directories in the selection 
 of reiding matter to the student, the professional man, the man 
 of business and the citizen. They uniformly maintain a very high 
 moral tone, and a most decorous and becoming tone on religious 
 subjects. The articles, almost without exception, are written with 
 so much ability, and are of so interesting and instructive a charac- 
 ter, that they will powerfully influence for good, even tho very 
 ablest minds that may peruse them. 
 
 If the Ensiilish Eeviews cannot counteract and banish from fami- 
 lies, where they are introduced, the miserable demoralizing novels 
 and love stories, now so fashionable, by aftbrding more interesting 
 reading of an unexceptionably pure character, I do not know any 
 influence likely to accomplish that desirable object. I have only 
 mentioned the titles of a small number of works, but they are all 
 works of great value, and I will here urge, that it is almost a waste 
 of time to read books, unlesss the reader has the advice of some 
 person of experience and discrimination, to direct him in the choice 
 of those books. There are so many books that a man may spend a 
 life-time in reading, and if that reading is not judiciously selected, 
 he will acquire but little useful information. There are thousands 
 of volumes of miscellaneous reading, and a man can read only a 
 few hundred volumes in a lifetime. If some one possessing dis- 
 crimination and extensive reading, does not direct his course, he 
 will probably search in a confused labyrinth, and waste or misapply 
 a large portion of his time. Men who do not know how to dis- 
 criminate between mediocrity intellects and great intellects are not 
 suitable directors in the selection of books. The works written by 
 mediocrity intellects are seldom of any value. I shall now mention 
 some books for the information of the profession of the law, and I 
 shall mention them in the order in which a lawyer should read them. 
 Gibbon's Decline and Fall of the Roman Empire^ a large history of 
 England; M'Cauley's history of Ei>gland should also be read; 
 Duncan's Logic ; Blackstone's Commentaries; Starkie on Evidence ; 
 Chitty's Criminal Law ; Roscoe's Criminal Evidence ; Starkie on 
 d^lander; Comyn on Contracts; Story's Equity; Story on Part- 
 * nership; Story on Bills; Story on Bailment; Story on Conflict of 
 Lawa; Story ori Principal and Agent; Story on the Constitution. 
 
 Jjawa ; btory on 
 
 ED- 107 
 
125 
 
 I have ventured to recommeml Story on Bills without having 
 read it. I have read, however, all the other works that I have enu- 
 merated or named. Judge Story evinced great learning, ability, 
 and accuracy in his decisions on questions of commercial law, and 
 I have no doubt the young lawyer, or law student, will find his time 
 well employed in reading the whole of his legal works on those sub- 
 jects; indeed, I am persuaded that the whole of his legal works 
 will prove useful and instructive to the profession of the law. 
 Judge Story, however, wrote too much to be relied on with absolute 
 certainty. The admirable learning, ability and accuracy displayed 
 by him, in liis decisions as a Judge of the Supreme Court of 
 the United States, on questions of commercial law, show what 
 he could have done for the profession of the law, on those subjects, 
 if he had written less, and taken as much pains in preparing his 
 works as lord Coke did. It is probable that he calculated on living 
 to the good round age of eighty, and that he would be able gradu- 
 ally to amend and improve his works, until he should bring them to 
 as high a degree of perfection as his capacity was capable of. 
 Death, however, spoiled his calculations, if he ever made such cal- 
 culations. 
 
 Coke upon Littleton ; Bacon's Abridgment ; Fearne on Remain- 
 ders; the first volume of Chitty's Pleading; Swinburne on Wills; 
 Peters' Condensed Reports of the Decisions of the Supreme Court 
 of the United States; Peters' Reports of the Decisions of the Su- 
 preme Court of the United States; I consider Archbold's Criminal 
 Pleading a work of great value on indictments, and most useful and 
 instructive on the criminal law ; Beck's Medical Jurisprudence. A 
 Pennsylvania lawyer should read the Reports of the Supreme Court 
 of Pennsylvania, in the order in which they were published; and 
 should precede the perusal of those Reports by reading Judge 
 Smith's Note to the Land Laws of Pennsylvania — a work of great 
 learning and ability, and of considerable extent. The extensive law 
 reader will find useful law learning in Vesey, Jr. Chancery Reports; 
 the decisions of lord Eldon are certainly characterized by great 
 learning and accuracy. 
 
 The law student, or lawyer, will find other works. In addition to 
 those I have mentioned, instructive, useful, and even necessary. I 
 have confined my reconmicndations to works whichi have read, 
 (with one exception, which I have mentioned,) and of the undoubted 
 value of which I am fully convinced. The Pennsylvania lawyer 
 
126 
 
 should have in his library the latest Digest of the laws of Pennsyl- 
 vania; and also Robert's Digest of Britisli Statutes in force in 
 Pennsylvania ; this work contains statutes in force in Pennsylvania 
 not to be found in the Digests of the laws of Pennsylvania. The 
 Pennsylvania lawyer will find Troubat and Haly's Practice useful; 
 the latest Digest of the Synopsis of the Decisions of the Supreme 
 Court of Pennsylvania will also prove useful to him. 
 
 The law student or lawyer will act wisely in the selection of other 
 works, who only follows the advice of men of great learning and 
 ability in the selection, who know how to disci iminate between me- 
 diocrity intellects and great intellects. Young lawyers educated in 
 the usual way arc apt, on a very slender amount of law reading, to 
 imagine that they are well read lawyers. If they peruse the works 
 which I have recommended, in the order in which I have recommen- 
 ded them, they will soon discover and appreciate the vast extent of 
 the law; and be able to understand the true nature and character 
 of the law, and to form correct estimates of their positions as law- 
 yers. It will probably be urged against my suggestions for educating 
 the great masses of the people, that reading and study are extreme- 
 ly irksome to the great masses of the people, and that they can- 
 not be induced to read and study the works which I have suggested. 
 Nearly all mankind have a natural repugnance to reading and study ; 
 that natural repugnance, however, will be easily removed by two or 
 three years of diligent reading. I have known reading to become, 
 by two or three years diligent practice, not only a pleasure but 
 absolutely a passion with minds that, at first, exhibited an almost 
 uncontrolable repugnance to any thing of the sort. 
 

 
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