Yale University Library u n ¦•'¦¦TilUi'i! - ,:,-.:;.¦.¦».:.-.- riJiiijiiutC YALE UNIVERSITY LIBRARY American £tatcgmcn MARTIN VAN BUREN EDWARD M? SHEPARD m ffl ®f ir.Biter$&g£$8if BOSTON AND NEW YORK HOUGHTON, MIFFLIN AND COMPANY (€6e Hiterjjibe $rtf& Camiribse 1888 Copyright, 1888, By EDWARD M. SHEPARD. AU rights reserved. Tlie Riverside Press, Cambridge: Electrotyped and Printed by H. 0. Houghton & Co. CONTENTS. CHAPTER I. PAGE American Politics when Van Buren's Career began. — Jefferson's Influence . 1 CHAPTER II. Early Years. — Professional Life .... . . 12 CHAPTER III. State Senator; Attorney-General; Member of the Constitutional Convention ... . . 32 CHAPTER IV. United States Senator. — Reestablishment of Par ties. — Party Leadership .... . 7i CHAPTER V. Democratic Victory in 1828. — Governor 131 CHAPTER VI. Secretary of State. — Definite Formation of the Democratic Creed . . . ... . 151 CHAPTER VII. Minister to England. — Vice-President. — Election to the Presidency . .... . . . 101 vi CONTENTS. CHAPTER VIII. Crisis of 1837 242 CHAPTER IX. President. — Sub-Treasury Bill 278 CHAPTER X. President. — Canadian Insurrection. — Texas. — Semi nole War. — Defeat for Reelection ... . . 300 CHAPTER XI. Ex-President. — Slavery. — Texas Annexation. — De feat by the South. — Free-Soil Campaign. — Last Years . . . . . . 340 CHAPTER XII. Van Buren' s Character and Place in History. . . 383 MARTIN VAN BUREN. CHAPTER I. american politics when van buren's career began. — jefperson's influence. It sometimes happened during the anxious years when the terrors of our civil war, though still smoulder ing, were nearly aflame, that on Wall Street or Nassau Street, busy men of New York saw Martin Van Buren and his son walking arm in arm. " Prince John," tall, striking in appearance, his hair divided at the middle in a fashion then novel for Americans, was in the prime of life, resolute and aggressive in bearing. His father was a white-haired and bright-eyed old man, erect but short in figure, of precise though easy and kindly politeness, and with a touch of deference in his manner. His presence did not peremptorily command the attention of strangers ; but to those who looked attentively there was a plain distinction in the refined and venerable face. Passers-by might well turn back to see more of the two men thus affectionately and picturesquely to gether. For they were famous characters, — the one in the newer, the other in the older politics of America. John Van Buren, fresh from his Free Soil battle and the tussles of the Hards and Softs, was striving to serve the Z MASTIN VAN BUREN. cause of the Union, though conscious that he rested under the suspicion of the party to whose service, its divisions in New York now seemingly ended, he had lately returned. But he still faced the slave power with an independence only partially abated before the exi gencies of party loyalty. The ex-President, definitely withdrawn from the same Free Soil battle, a struggle into which he had entered when the years were already heavy upon him, had survived to be once more a worthy in the Democratic party, again to receive its formal veneration, but never again its old affection. In their timid manoeuvres with slavery it was perhaps with the least possible awkwardness that the northern Democrats sought to treat him as a great Democratic leader ; but they did not let it be forgotten that the leader was for ever retired from leadership. While the younger man was in the thick of political encounters which the party carried on in blind futility, the older man was hardly more than an historical personage. He was no longer, his friends strove to think, the schismatic candidate of 1848, but rather the ally and friend of Jackson, or, better still and further away, the disciple of Jefferson. For, more than any other American, Martin Van Buren had succeeded to the preaching of Jefferson's political doctrines, and to his political power as well, that curious and potent mingling of philosophy, states manship, and electioneering. The distrust of the Whigs towards Van Buren was still bitter ; the hot anger of his own party over the blow he had dealt in 1848 was still far from subsided ; the gratitude of most Free Soil men had completely disappeared with his apparent acquiescence in the politics of Pierce and Buchanan. Save in a narrow circle of anti-slavery Democrats, Van AMERICAN POLITICS. 3 Buren, in these last days of his, was judged at best with coldness, and most commonly with dislike or even con tempt. Not much of any other temper has yet gone into political history ; its writers have frequently been content to accept the harshness of partisan opinion, or even the scurrility and mendacity visited upon him during his many political campaigns, and to ignore the positive records of his career and public service. The present writer confesses to have begun this Life, not indeed sharing any of the hatred or contempt so com monly felt towards Van Buren, but still given to many serious depreciations of him, which, as a better exam ination has shown the writer, had their ultimate source in the mere dislike of personal or political enemies, — a dislike to whose expression, often powerful and vivid, many writers have extended a welcome seriously incon sistent with the fairness and truth of history. When Abraham Lincoln was chosen President in 1860, this predecessor of his by a quarter century was justly enough an historical figure. The gracious, genial old man connected, visibly and really, those stirring and dangerous modern days with the first political struggles under the American Constitution, struggles then long passed into the quiet of history, to leave him almost their only living reminiscence. Martin Van Buren was a man fully grown and already a politician when in 1801 the triumph of Thomas Jefferson completed the political foundation of the United States. Its profound inspiration still remained with him on this eve of Lin coln's election. Under its influence his political career had begun and had ended. At Jefferson's election the aspiration and fervor which attended the first, the new-born sense of Ameri- 4 MARTIN VAN BUREN. can national life, had largely worn away ; and the ideal visions of human liberty had long before grown dim amidst the practical hardships, the vicissitudes of mean ness and glory during seven years of revolutionary war, and amid the four years of languor and political in competence which followed. In the agitation for better union, political theories filled the minds of our fore fathers. Lessons were learned from the Achaean League, as well as from the Swiss Confederation, the German Empire, and the British Constitution. Both history and speculation, however, were firmly subordinated to an extraordinary common sense, in part flowing from, as it was most finely exhibited in, the luminous and powerful, if unexalted, genius of Franklin. From the open beginning of constitution-making at Annapolis in 1786 until the inauguration of John Adams, the Amer ican people, under the masterful governing of Washing ton, were concerned with the framework upon which the fabric of their political life was to be wrought. The framework was doubtless in itself of a vast and endur ing importance. If the consolidating and aristocratic schemes of Hamilton had not met defeat in tlie federal convention, or if the separatist jealousies of Patrick Henry and George Clinton had not met defeat in Vir ginia and New York after the work of the convention was done, there would to-day be a different American people. Nor would our history be the amazing story of the hundred years past. But upon the governmen tal framework thus set up could be woven political fabrics widely and essentially different in their material, their use, and their enduring virtue. For quite apart from the framework of government were the temper and traditions of popular politics out of which comes JEFFERSON'S INFLUENCE. 5 and must always come, the essential and dominant nature of public institutions. In this creative and deeper work Jefferson was engaged during his struggle for political power after returning from France in 1789, during his presidential career from 1801 to 1809, and during the more extraordinary, and in American history the un paralleled, supremacy of his political genius after he had left office. In the circumstances of our colonial life, in our race extractions, in our race fusion upon the At lantic seaboard, and in the moral effect of forcible and embittered separation from the parent country, arose indeed, to go no further back, the political instincts of American men. It is, however, fatal to adequate conception of our political development to ignore the enormous formative influence which the twenty years of Jefferson's rule had upon American political character. But so partial and sometimes so partisan have been the historians of our early national politics in their treatment of that great man, that a just appreciation of the political atmosphere in which Van Buren began his career is exceedingly difficult. There was an American government, an American nation, when Washington gladly escaped to Mt. Vernon from the bitterly factional quarrels of the politicians at Philadelphia. The government was well ordered ; the nation was respectable and dignified. But most of the people were either still colonial and provincial, or were rushing, in turbulence and bad temper, to crude specu lations and theories. Twenty-five years later, Jefferson had become the political idol of the American people, a people completely and forever saturated with demo cratic aspirations, democratic ideals, what John Mar shall called " political metaphysics," a people with strong 6 MARTIN VAN BUREN. and lasting characteristics, no longer either colonial or provincial, but profoundly national. The skill, the in dustry, the arts of the politician, had been used by a man gifted with the genius and not free from the faults of a philosopher, to plant in American usages, preju dices, and traditions, in the very fibre of American political life, a cardinal and fruitful idea. The work was done for all time. For Americans, government was thenceforth to be a- mere instrument. No longer a symbol, or an ornament or crown of national life, however noble and august, it was a simple means to a plain end ; to be always, and if need be rudely, tested and measured by its practical working, by its service to popular rights and needs. In those earlier days, too, there had been '• classes and masses," the former of whom held public service und public policy as matters of dignity and order and high assertion of national right and power, requiring in their ministers peculiar esoteric light, and an equipment of which common men ought not to judge, because they could not judge aright. Afterward, in Monroe's era of good feeling, the per sonal rivalries of presidential candidates were in bad temper enough ; but Americans were at last all demo crats. "Whether for better or worse, the nation had ceased to be either British or colonial or provincial in its character. In the delightful Rip Van Winkle of a later Jefferson, during the twenty years' sleep, the old Dutch house has gone, the peasant's dress, the quaint inn with its village tapster, all the old scene of loyal provincial life. Rip returns to a noisy, boastful, self- assertive town full of American •' push " and " drive " and profane disregard of superiors and everything ancient. It was hardly a less change which spread JEFFERSON'S INFLUENCE. 7 through the United States in the twenty years of Jef ferson's unrivaled and fruitful leadership. Supersti tious regard for the " well-born," for institutions of government as images of veneration apart from their immediate and practical use ; the faith in government as essentially a financial establishment which ought to be on peculiarly friendly relations with banks and bank ers ; the treatment and consideration of our democratic organization as an experiment to be administered with deprecatory deference to European opinion ; the idea that upon the great, simple elements of political belief and practice, the mass of men could not judge as wisely and safely as the opulent, the cultivated, the educated ; the idea that it was a capital feature of political art to thwart the rashness and incompetence of the lower people, — all these theories and traditions, which had firmly held most of the disciplined thought of Europe and America, and to which the lurid horrors of the French Revolution had brought apparent consecration, — all these had now gone ; all had been fatally wounded, or were sullenly and apologetically cherished in the ao-inff bitterness of the Federalists. There was an Amer- ican people with as distinct, as powerful, as character istic a polity as belonged to the British islanders. In 1776 a youthful genius had seized upon a colonial re volt against taxation as the occasion to make solemn declaration of a seeming abstraction about human rights. He had submitted, however, to subordinate his theory during the organization of national defense and the strengthening of the framework of government. Nor did he shine in either of those works. But with the nation established, with a union secured so that its peo ple could safely attend to the simpler elements of human 8 MARTIN VAN BUREN. rights, Jefferson and his disciples were able to lead Americans to the temper, the aspirations, and the very prejudices of essential democracy. The Declaration of Independence, the ten amendments to the Constitution theoretically formulating the rights of men or of the states, sank deep into the sources of American political life. So completely indeed was the work done, that in 1820 there was but one political party in America ; all were Jeffersonian Republicans ; and in 1824, when the Republican party was broken up, the only dispute was whether Adams or Jackson or Crawford or Clay or Calhoun best represented the political beliefs now al most universal. It then seemed to Americans as if they had never known any other beliefs, as if these doctrines of their democracy were truisms to which the rest of the world was marvelously blind. Nothing in American public life has, in prolonged anger and even savage desperation, equaled the attacks upon Jefferson during the steady growth of his stupen dous influence. The hatred of him personally, and the belief in the wickedness of his private and public life, survive in our time. Nine tenths of the Americans who then read books sincerely thought him an enemy of mankind and of all that was sacred. Nine tenths of the authors of American books on history or politics have to this day written under the influence which ninety years ago controlled their predecessors. And for this there is no little reason. As the American people grew conscious of their own peculiar and intensely active political force, there came to them a period of national and popular life in which much was unlovely, much was crude, much was disagreeably vulgar. Books upon America written by foreign travelers, from the days of JEFFERSON'S INFLUENCE. 9 Jefferson down to our civil war, superficial and offensive as they often were, told a great deal of truth. We do not now need to wince at criticisms upon a rawness, an insolent condescension towards the political ignorance of foreigners and the unhappy subjects of kings, a harshness in the assertion of the equality of Caucasian men, and a restless, boastful manner. The criticisms were in great measure just. But the critics were stupid and blind not to see the vast and vital work and change going on before their eyes, to chiefly regard the trifling and inci dental things which disgusted them. Their eyes were open to all our faults of taste and manner, but closed to the self-dependent and self-assertive energy the dis order of whose exhibition would surely pass away. In every democratic experiment, in every experiment of popular or national freedom, there is almost inevitable a vulgarizing of public manners, a lack of dignity in details, which disturbs men who find restful delight in orderly and decorous public life ; and their disgust is too often directed against beneficent political changes or reforms. If one were to judge the political temper of the American people from many of our own writers, and still more if he were to judge it from the observa tions even of intelligent and friendly foreigners prior to 1861, he would believe that temper to be sordid, mean, noisy, boastful, and even cruel. But from the war of 1812 with England to the election of Buchanan in 1856, the American people had been doing a profound, organic, democratic work. Meantime many had seen no more than the unsightly, the mean and trivial, the malodorous details, which were mere incidents and blem ishes of hidden and dynamic operations. Unimagina tive minds usually fail to see the greater and deeper 10 MARTIN VAN BUREN. movements of politics as well as those of science. In the public virtues then maturing there lay the ability long and strenuously to conduct an enterprise the great est which modern times have known, and an extraordi nary popular capacity for restraint and discipline. In those virtues was sleeping a tremendously national spirit which, with cost and sacrifice not to be measured by the vast figures of the statistician, on one side sought inde pendence, and on the other saved the Union, — an ex alted love of men and truth and liberty, which, after all the enervations of pecuniary prosperity, endured with patience hardships and losses, and the less heroic but often more dangerous distresses of taxation, — at the North a magnanimity in victory unequaled in the tra ditions of men, and at the South a composure and dig nity and absence of either bitterness or meanness which brought out of defeat far larger treasures than could have come with victory. But these were not effects without a cause. In them all was only the fruit, the normal fruit, of the political habits, ideals, traditions, whose early and unattractive disorders had chagrined many of the best of Americans, and had seemed so natural to foreigners who feared or distrusted a democ racy. There had been forming, during forty or fifty years of a certain raw unloveliness, the peculiar and powerful self-reliance of a people whose political inde pendence meant far more than a mere separate govern ment. In these years Van Buren was one of the chief men in American public life. He and his political associates had been profoundly affected by the Jeffersonian phi losophy of government. They robustly held its tenets until the flame and vengeance of the slavery conflict JEFFERSON'S INFLUENCE. 11 drove them from political power. In our own day we have, in the able speeches with which Samuel J. Tilden fatigued respectful though often unsympathetic hearers at Democratic meetings, heard something of the same robust political philosophy, brought directly from inter course with his famous neighbor and political master. Van Buren himself breathed it as the very atmosphere of American public life, during his early career which had just begun when Jefferson, his robes of office dropped and his faults of administration forgotten, seemed the serene, wise old man presiding over a land completely won to his ideals of democracy. Under this extraordinary influence and in this political light, there opened with the first years of the century the pub lic life to be narrated in this volume. CHAPTER II. EARLY YEARS. — PROFESSIONAL LIFE. At the close of the American Revolution, Abraham Van Buren was a farmer on the east bank of the Hudson River, New York. He was of Dutch descent, as was his wife, whose maiden name Hoes, corrupted from Goes, is said to have had distinction in Holland. But it would be mere fancy to find in the statesman particular traits brought from the dyked swam]) lands whence some of his ancestors came. Those who farmed the rich fields of Columbia county were pretty thorough Americans ; their characteristics were more immediately drawn from the soil they cultivated and from the necessary habits of their life than from the lands, Dutch or English, from which their forefathers had emigrated. Late in the eighteenth century they were no longer frontiersmen. For a century and more this eastern Hudson River coun try had been peacefully and prosperously cultivated. There was no lack of high spirit ; but it was shown in lawsuits and political feuds rather than in skirmishes with red men. It was close to the old town of Albany with its official and not undignified life, and had com paratively easy access to Now York by sloop or the post- road. It had been an early settlement of the colony. Within its borders were now the estates and mansions of large landed proprietors, who inherited or acquired from a more varied and affluent life some of the qualities, EARLY YEARS. 13 good and bad, of a country gentry. It was a region of easy, orderly comfort, sound and robust enough, but not sharing the straight and precise, though meddling, puri tanical habits which a few miles away, over the high Berkshire hills, had come from the shores of New Eng land. The elder Van Buren was said by his son's enemies to have kept a tavern ; and he probably did. Farming and tavern-keeping then were fairly interchangeable ; and the gracious manner, the tact with men, which the younger Van Buren developed to a marked degree, it is easy to believe came rather from the social and varied life of an inn than from the harsher isolation of a farm. The statesman's boyish days were spent among poor and rude neighbors. He was born at Kinderhook, an old village of New York, on the 5th of December, 1782. The usual years of schooling were probably passed in one of the dilapidated, weather-beaten schoolhouses from which has come so much of what is best in American life. He studied later in the Kinderhook Academy, one of the higher schools which in New York have done good work, though not equaling the like schools in Massachusetts. Here he learned a little Latin. But when at fourteen years of age he entered a law office, he had of course the chief discipline of book-learning still to acquire. In 1835 his campaign biographer rather rejoiced that he had so little systematic education, fearing that " from the eloquent pages of Livy, or the honeyed eulogiums of Virgil, or the servile adulation of Horace, he might have been inspired with an admiration for regal pomp and aristocratic dignity uncongenial to the native indepen dence of his mind," and have imbibed a " contempt for plebeians and common people," unless, perhaps, the 14 MARTIN VAN BUREN. speeches of popular leaders in Livy " had kindled his in stinctive love of justice and freedom," or the sarcastic vigor of Tacitus "had created in his bosom a fixed hatred of tyranny in every shape." At an early age, however, it is certain that Van Buren, like many other Americans of original force and with instinctive fondness for written pictures of human history and conduct, ac quired an education which, though not that of a profes sional scholar, was entirely appropriate to the skillful man of affairs or the statesman to be set in conspicuous places. This work must have been largely done during the comparative leisure of his legal apprenticeship. It was in 1796 that he entered the law office of Francis Sylvester at Kinderhook, where he remained until his twentieth year. He there read law. It is safe to say besides that he swept the office, lighted the fires in winter, and, like other law students in earlier and simpler days, had to do the work of an office janitor and errand boy, as well as to serve papers and copy the tech nical forms of the common law, and the tedious but often masterly pleadings of chancery. That his work as a student was done with great industry and thoroughness is demonstrated by the fact that at an early age he be came a successful and skillful advocate in arguments ad dressed to courts as distinguished from juries, a division of professional work in which no skill and readiness will supply deficiencies in professional equipment. His early reputation for cleverness is illustrated by the story that when only a boy he successfully summed up a case before a jury against his preceptor Sylvester, being made by the justice to stand upon a bench because he was so small, with the exhortation, " There, Mat, beat your master." PROFESSIONAL STUDY. 15 In 1802 Van Buren entered the office of William P. Van Ness, in the city of New York, to complete his seventh and final year of legal study. Van Ness was himself from Columbia county and an eminent lawyer. He was afterwards appointed United States district judge by Madison ; and was then an influential Republican and a close friend and defender of Aaron Burr, then the vice-president. The native powers and fascination of Burr were at their zenith, though his political character was blasted. Van Buren made his acquaintance, and was treated with the distinguished and flattering atten tion which the wisest of public men often show to young men of promise. Van Buren's enemies were absurdly fond of the fancy that in this slight intercourse he had acquired the skill and grace of his manner, and the easy principles and love of intrigue which they ascribed to him. Burr, for years after he was utterly disabled, inspired a childish terror in American politics. The mystery and dread about him were used by the oppo nents of Jackson because Burr had early pointed him out for the presidency, and by the opponents of Clay because in early life he had given Burr professional assistance. But upon Burr's candidacy for governor in 1804 Van Buren's freedom from his influence was clearly enough exhibited. In 1803 Van Buren, being now of age and admitted as an attorney, returned to Kinderhook and there began the practice of his profession. The rank of counsellor- at-law was still distinct and superior to that of attorney. His half-brother on his mother's side, James J. Van Alen, at once admitted the young attorney to a law part nership. Van Alen was considerably older and had a practice already established. Van Buren's career as a 16 MARTIN VAN BUREN. lawyer was not a long one, but it was brilliant and highly successful. After his election to the United States Senate in 1821 his practice ceased to be very ac tive. He left his profession with a fortune which se cured him the ease in money matters so helpful and almost necessary to a man in public life. Merely pro fessional reputations disappear with curious and rather saddening promptness and completeness. Of the prac tice and distinction reached by Van Buren before he withdrew from the bar, although they were unsurpassed in the state, no vestige and few traditions remain be yond technical synopses of his arguments in the instruc tive but hardly succulent pages of Johnson's, Wendell's, and Co wen's reports. At an early day the legal profession reached in our country a consummate vigor. Far behind as Americans were in other learning and arts, they had, within a few years after they escaped colonial dependence, judges, advocates, and commentators of the first rank. Mar shall, Kent, and Story were securely famous when hardly another American of their time out of public and politi cal life was known. In the legal art Americans were even more accomplished than in its science ; and Colum bia county and the valley of the Hudson were fine fields for legal practice. Many animosities survived from revolutionary days. The landed families, long used to administer the affairs of others as well as their own, saw with jealousy and fear the rapid and often insolent spread of democratic doctrines and of leveling manners. Political feuds were rife, and frequently appeared in the professionally profitable collisions of neighbors with va grant cows, or on watercourses insufficient for the needs of the up-stream and the down -stream proprietors. PROFESSIONAL LIFE. 17 There were slander suits and libel suits, and suits for malicious prosecution. Into the most legitimate con troversies over doubts about property there was driven the bitterness which turns a lawsuit from a process to ascertain a right into a weapon of revenge. Van Buren's political opinions were strong and clear from the beginning of his law practice ; but he was in a professional minority among the rich Federalists of the county. The adverse discipline was invaluable. Through zeal and skill and large industry, he soon led the Repub licans as their ablest lawyer, and the lawyers of Colum bia county were famous. William W. Van Ness, after wards a judge of the supreme court of the state, Gros- venor, Elisha Williams, and Jacob R. Van Rensselaer were active at the bar. Williams, although his very name is nowadays hardly known, we cannot doubt from the universal testimony of contemporaries, had extraor dinary forensic talents. He was a Federalist ; and the most decisive proof of Van Buren's rapid professional growth was his promotion to be Williams's chief compet itor and adversary. Van Buren's extraordinary applica tion and intellectual clearness soon established him as the better and the more successful lawyer, though not the more powerful advocate. Williams at last said to his rival, " I get all the verdicts, and you get all the judgments." A famous pupil of Van Buren both in law and in politics, Benjamin F. Butler, afterwards attorney- general in his cabinet, finely contrasted them from his own recollection of their conflicts when he was a law student. " Never," he said, " were two men more dis similar. Both were eloquent ; but the eloquence of Wil liams was declamatory and exciting, that of Van Buren insinuating and delightful. Williams had the livelier 18 MARTIN VAN BUREN. imagination, Van Buren the sounder judgment. The former presented the strong points of his case in bolder relief, invested them in a more brilliant coloring, indulged a more unlicensed and magnificent invective, and gave more life and variety to his arguments by his peculiar wit and inimitable humor. But Van Buren was his su perior in analyzing, arranging, and combining the insu lated materials, in comparing and weighing testimony, in unraveling the web of intricate affairs, in eviscerating truth from the mass of diversified and conflicting evi dence, in softening the heart and moulding it to his pur pose, and in working into the judgments of his hearers the conclusions of his own perspicuous and persuasive reasonings." Most of this is applicable to Van Buren's career on the wider field of politics ; and much here said of his early adversary on the tobacco-stained floors of country court-houses might have been as truly said of a later adversary of his, the splendid leader who, rather than Harrison, ought to have been victor over Van Buren in 1840, and over whom Van Buren rather than Polk ought to have been victor in 1844. In a few years Van Buren outgrew the professional limitations of Kinderhook. In February, 1807, he had been admitted as a counsellor of the supreme court; and this promotion he most happily celebrated by mar rying Hannah Hoes, a young lady of his own age, and also of Dutch descent, a kinswoman of his mother, and with whom he had been intimate from his childhood. In 1808, the council of appointment becoming Republi can, he was made surrogate of Columbia county, suc ceeding his partner and half-brother Van Alen, a Fed eralist in politics, who was, however, returned to the place in 1815, when the Federalists regained the coun- PROFESSIONAL LIFE. 19 cil. The office was a respectable one, concerned with the probate of wills, and the ordering of estates of de ceased persons. Within a year after this appointment, Van Buren remoyed to the new and bustling little city of Hudson, directly on the river banks. Here he prac ticed law with rapidly increasing success for seven years. His pecuniary thrift now enabled him to purchase what was called " a very extensive and well-selected library." With this advantage he applied himself to " a systematic and extended course of reading," which left him a well, even an amply, educated man. His severity in study did not, however, exclude him from the social pleasures of which he was fond, and for which he was perfectly fitted. He learned men quite as fast as he learned books. A country surrogate, though then enjoying fees, since commuted to a salary, had only a meagre compen sation. But the duties of Van Buren's office did not interfere with his activity in the private practice of the law. On the contrary, the office enabled him to extend his acquaintances, a process which, even without adven titious aid, was to Van Buren easy and delightful. In 1813, having been elected a member of the senate of the state, he became as such a member of the court for the correction of errors. This was the court of last resort, composed, until 1847, of the chancellor, the judges of the supreme court, the lieutenant-governor, and the thirty-two senators. The latter, though often laymen, were members of the court, partly through a curious imitation of the theoretical function of the Brit ish House of Lords, and partly under the idea, even now feebly surviving in some states, that some besides lawyers ought to sit upon the bench in law courts to con tribute the common sense which it was fancied might be 20 MARTIN VAN BUREN. absent from their more learned associates. It was not found unsuitable for members of this, the highest court, to be active legal practitioners. While Van Buren held his place as a member he was, in February, 1815, made attorney -general, succeeding Abraham Van Vechten, one of the famous lawyers of the state. Van Buren was then but thirty-two years old, and the professional eminence accorded to the station was greater than now. Among near predecessors in it had been Aaron Burr, Ambrose Spencer and Thomas Addis Emmett; among his near successors were Thomas J. Oakley, Samuel A. Talcott, Greene C. Bronson and Samuel Beardsley, — all names of the first distinction in the professional life of New York. The office was of course political, as it has always been, both in the United States and the mother country. But Van Buren's appointment, if it were made because he was an active and influential Republican in politics, would still not have been made unless his professional reputation had been high. The salary was $5.50 a day, with some costs, — not an un suitable salary in days when the chancellor was paid but $3,000 a year. He held the office untd July, 1819, when, upon the capture of the council of appointment by a coalition of Clintonian Republicans and Federalists, he was removed to give place to Oakley, the Federalist leader in the state assembly. In 1816 Van Buren, now rapidly reaching profes sional eminence, removed to Albany, the capital of New York. Though then a petty city of mean buildings and about 10,000 inhabitants, it had a far larger relative im portance in the professional and social life of the state than has the later city of ten times the population, with its costly and enormous state-house, its beautiful pubhc PROFESSIONAL LIFE. 21 buildings, and its steep and numerous streets of fine residences. In 1820 he purposed removing to New York ; but, for some reason altering his plans, continued to reside at Albany until appointed secretary of state in 1829. His professional career was there crowned with most important and lucrative work. Soon after mov ing to Albany, he took into partnership Butler, just ad mitted to the bar. Between the two men there were close and life-long relations. The younger of them, also a son of Columbia county, reached great professional distinction, became a politician of the highest type, and remained steadfast in his attachment to Van Buren's po litical fortunes, and to the robust and distinctly marked political doctrines and practices of the Albany Regency. The law reports give illustrations of Van Buren's pre cision, his clear and forcible common-sense, and his aptitude for that learning of the law in which the great counsel of the time excelled. In 1813, soon after his service began as state senator, he delivered an opinion in a case of " escape ; " and in very courteous words ' exhibited a bit of his dislike for Kent, then chief justice of the supreme court, whose judgment he helped to re verse, as well as his antipathy to imprisonment for debt, which he afterwards helped to abolish. It was a petty suit against the sureties upon the bond given by a debtor. Under a relaxation of the imprisonment for debt recently permitted, the debtor was, on giving the bond, released from jail, but upon the condition that he should keep within the " jail liberties," which in the country counties was a prescribed area around the jail. His bond was to be forfeit if he passed the " liberties." While the debtor was driving a cow to or from pasture, the latter contemptuously deviated " four, six, or ten 22 MARTIN VAN BUREN. feet " from the liberties. The driver, yielding to inev itable bucolic impulse and forgetting his bond, leaped over the imaginary line to bring back the cow. He was without the liberties but a moment, and afterwards duly kept within them. But the creditor was watchful, and for the technical " escape " sued the sureties. Al though the debtor was within the limits when suit was brought, the lower court refused to pardon the debtor's technical and unintentional fault. At common law the creditor was entitled to satisfaction of the debtor's body ; and the milder statute establishing jail liberties was, the court said, to be strictly construed against the debtor ; it was not enough that the creditor had the debtor's body when he called for it. The supreme court, headed by Kent, affirmed this curiously harsh decision. In the court of errors, Van Buren joined Chancellor Lansing in reversing the rule upon an elaborate review of the law, which to this day is important authority, and which could not have been more carefully done had . something greater seemed at stake than a bovine vagary and a few dollars. The young lawyer, wearing for a time the judicial robes, now sat in a review, by no means unpleasant, of the utterances of magistrates be fore whom he had until then stood in considerable awe ; and seized the opportunity, doubtless with a keen per ception of the drift of popular sentiment on matters of personal liberty, to enlarge the mild policy of the later law. When it was urged that, if the law were not technically administered, imprisoned debtors would of a Sunday wander beyond the " limits," securely able to return before Monday, when the creditor could sue, — Van Buren, with a contemptuous fling at the supreme court, confessed in Johnsonian sentences his lenient tern- PROFESSIONAL LIFE. 23 per towards these " stolen pleasures," — his willingness that debtors should snatch the " few moments of liberty which, although soured by constant perturbation and alarm, are, notwithstanding, deemed fit subjects for judicial animadversion." His rhetoric was rather agree ably florid when he declared the law establishing " jail liberties " to be a concession for humane purposes made by the inflexible spirit which authorized imprisonment for debt. He strongly intimated his sympathy to be with "the exertions of men of intelligence, reflection, and philanthropy to mitigate its rigor ; of men who viewed it as a practice fundamentally wrong, a practice which forces their fellow-creatures from society, from their friends, and their agonized families into the dreary walls of a prison ; which compels them to leave all those fascinating endearments to become an inmate with vermin ;" and all this, not for crime or frauds, " but for the misfortune of being poor, of being unable to satisfy the all-digesting stomach of some ravenous cred itor." The practice was one " confounding virtue and vice, and destroying the distinction between guilt and innocence which should unceasingly be cherished in every well-regulated government." Democrats rejoiced over this passage when Van Buren was a candidate for the presidency. Richard M. Johnson, then his associate upon the Democratic ticket, had successfully led an agi tation for. the abolition of such imprisonment upon judgments rendered in the federal courts. Van Buren's professional life terminated with his election as governor in 1828. In 1830, while secretary of state at Washington, he is said to have appeared before the federal supreme court in the great litigation between Astor and the Sailors' Snug Harbor, in which 24 MARTIN VAN BUREN. he had been counsel below ; but no record is preserved of his argument there. His last well-known argument was before the court of errors at Albany in Varick v. Jack son, a branch of the famous Medcef Eden litigation. This long and highly technical battle was lighted up by the fame and competitions of the counsel. It arose upon the question whether a will of Eden which gave a landed estate to his son Joseph, but if Joseph died without children, then to his surviving brother, Medcef Eden the younger, created for Joseph the old lawyers' delight of an " estate tail." If it were an " estate tail," then the law of 1782, which, in the general tendency of American legislation after the Revolution, was directed against the entailing of property, would have made the first brother Joseph the absolute owner, and have defeated the later claim of Medcef. For Joseph had failed while in pos session of the property. His creditors, accepting the opinion of Alexander Hamilton, then the head of the bar, insisted that he had been the absolute owner, that the provision for his brother Medcef's accession to the property was nugatory as an attempt to entail the estate ; and upon this view the creditors sold the lands, which by the rapid growth of the city soon became of large value. Hamilton's opinion for years daunted the younger Medcef and his children from asserting the right which it was morally plain his father had intended for him. Aaron Burr, not less Hamilton's rival at the bar than in the politics of New York, gave a contrary opinion ; but after killing Hamilton in 1804 and yielding up the vice- presidency in 1805, his brilliant professional gifts were exiled from New York. On his return in 1812 from years of conspiracy, adventure, and romance, he took up the discredited Medcef Eden claim ; and in the judicial PROFESSIONAL LIFE. 25 test of the question he, and not Hamilton, proved to have been correct. The struggle went on in a number of suits ; and when in 1823 the question was to be finally settled in the court of last resort, Burr, fearing, as he himself intimated to the court, lest the profound suspicion under which he rested might obscure and break the force of his legal arguments, or conscious that his past twenty years had dimmed his faculties, called to his aid Van Buren, then United States senator and a chief of the profession. As Van Buren and Burr attended together before the court of errors, they doubtless recalled their meetings in Van Ness's office twenty years before, when Burr, still a splendid though clouded figure in American life, hoped, by Federalist votes added to the Republican secession which he led, to reach the governorship and recover his prestige ; those days in which the unknown but promising young countryman had interested a vice- president and enjoyed the latter's skillful and not al ways insincere flattery. The firm and orderly procedure of Van Buren's life was now well contrasted with the discredited and profligate ability of the returned wan derer. Against this earlier but long deposed, and against this later and regnant chief in the Republican politics of New York, were ranged in these cases David B. Ogden, the famous lawyer of the Federalist ranks, Samuel A. Talcott, and Samuel Jones. In Van Buren's long, masterly, and successful argument there was again an edge to the zeal with which he attacked the opinion of Kent, the Federalist chancellor, who asked the court of errors to overrule its earlier decisions, and the chan cellor's own decision as well, and defeat the intention of the elder Medcef Eden. Van Buren's professional career was most enviable. 26 MARTIN VAN BUREN. It lasted twenty-five years. It ended before he was forty-six, when he was in the early ripeness of his powers, but not until a larger and more shining career seemed surely opened before him. He left the bar with a competence fairly earned, which his prudence and skill made grow into an ample fortune, without even mali cious suggestion in the scurrility of politics that he had profited out of public offices. In money matters he was more thrifty and cautious than are most Americans in public places. His enemies accused him of meanness and parsimony, but apparently without other reason than that he did not practice the careless and useless profu sion and luxury which many of his countrymen in politi cal life have thought necessary to indulge even when their own tastes were far simpler. In the course of professional employment he acquired an important es tate near Oswego, whose value rapidly enhanced with the rapid growth of western New York and the develop ment of the lake commerce from that port. The chief interest now found in Van Buren's profes sional career lies in its relation to his political life. He was the only lawyer of conspicuous and practical and really great professional success who has reached the White House. In the long preparation for the bar, in the many hours of leisure at Kinderhook and Hudson and even Albany permitted by the methods of practice in vogue before there were railways or telegraphs, and when travel was costly and slow and postage a shilling or more, he gained the liberal education more difficult of access to the busier young attorney and counsel of these crowded days. Great lawyers were then fond of illus trations from polite literature ; they loved to set off their speeches with quotations from the classics, and to give PROFESSIONAL LIFE. 27 their style finish and ornament not practicable to the pre cise, prompt methods which their successors learn in the driving routine of modern American cities. Van Buren did not, however, become a great orator at the bar. His admirer, Butler, upon returning to partnership with him in 1820, wrote indeed to an intimate friend, Jesse Hoyt (destined afterwards to bring grief and scandal upon both the partners), that if he were Van Buren he " would let politics alone," and become, as Van Buren might, the " Erskine of the state." But though his suc cess, had he continued in the profession, would doubtless have been of the very first order, his oratory would never have reached the warm and virile splendor of Erskine, or the weighty magnificence of Webster. Van Buren's work as a lawyer brought him, however, some thing besides wealth and the education and refinement of books, and something which neither Erskine nor Web ster gained. The profession afforded him an admirable discipline in the conduct of affairs ; and affairs, in the law as out of it, are largely decided by human nature and its varying peculiarities. The preparation of de tails ; the keen and far-sighted arrangement of the best, because the most practicable, plan ; the refusal to fire off ammunition for the popular applause to be roused by its noise and flame ; the clear, steady bearing in mind of the end to be accomplished, rather than the prolonged enjoyment or systematic working out of inter mediate processes beyond a utilitarian necessity, — all these elements Van Buren mastered in a signal degree, and made invaluable in legal practice. To men more superbly equipped for tours de force, who ignored the uses of long, attentive, varied, painstaking work, there was nothing admirable in the methods which Van Buren 28 MARTIN VAN BUREN. brought into political life out of his experience in the law. He was, to undisciplined or envious opponents, a " little magician," a trickster. The same thing appears, in every department of human activity, in the anger which failure often flings at success. The predominance of lawyers in our politics was very early established, and has been a characteristic distinc tion between the politics of England and of America. Conspicuous as lawyers have been in the politics of the older country, they have rarely been figures of the first rank. They have served in all its modern ministries, and sometimes in other than professional stations ; but, with the unimportant exception of Perceval, not as the chief. English opinion has not unjustly believed its greater landed proprietors to be animated with a strong and peculiar desire for English greatness and renown ; nor has the belief been destroyed by their fre quent opposition to the most beneficent popular move ments. Among these proprietors and those allied with them, even when not strictly in then- ranks, England has found her statesmen. To this day, the speech of a lawyer in the British House of Commons is fancied to show the narrowness of technical training, or is treated as a bid for promotion to some of the splendid seats open to the English bar. In America, the great landed proprietor very early lost the direction of public affairs. All the members of the " Virginian dynasty " were, it is true, large land-owners, and in the politics of New York there were several of them. But land-ownership was to Jefferson, Madison, and Monroe simply a means of support while they attended to public affairs ; it was not one of their chief recommendations to the landed interest throughout the country. For a time in the LAWYERS IN PUBLIC LIFE. 29 early politics of New York the landed wealth of the Schuylers, Van Rensselaers, and Livingstons was of itself a source of strength ; but in the spread of democratic sentiment it was found that to be a great landlord was entirely consistent with dullness, narrowness, and timid selfishness. Among the landlords there soon and inevi tably decayed that sense of public obligation belonging to exalted position and leadership which sometimes brings courage, high public spirit, and even a sound and active political imagination, to those who preside over bodies of tenants. The laws were changed which facilitated family accumulations of land. Since these early years of the century a great land-owner has been in politics little more than any other rich man. Both have had advantages in that as in any other field of activity. Certain easy graces not uncommon to inherited wealth have often been popular, — not, however, for the wealth, but for themselves. Where these graces have existed in America without such wealth, they have been none the less popular ; but in England a lifetime of vast pub lic service and the finest personal attainments have failed to overcome the distrust of a landless man as a sort of adventurer. When Van Buren's career began, the men who were making money in trade or manufactures were generally too busy for the anxious and busy cares of public life ; the tradesmen and manufacturers who had already made money were past the time of Hfe when men can vigor ously and skillfully turn to a new and strange calling. There was no leisure class except land-owners or re tired men of business. Lawyers, far more than those of any other calling, became public men, and naturally enough. Their experience of life and their knowledge 30 MARTIN VAN BUREN. of men were large. The popular interest in their art of advocacy; their travels from county seat to county seat; their speeches to juries in towns where no other secular public speaking was to be heard ; the varieties of human life which they came to know, — varieties far greater where the same men acted as attorneys and advocates than in England where they act in only one of these fields, — these and the like, combined with the equip ment for the forms of political and governmental work which was naturally gained in legal practice and the sytematic study of law, gave to distinguished lawyers in America their large place in its political life. For this place the liberality of their lives helped, besides, to fit them. They had ceased to be disqualified for it by their former close alliance, as in England, with the landed aristocracy ; and they had not yet begun to suffer a disqualification, frequently unjust, for their close rela tions with corporate interests, between which and the public there often arises an antagonism of interests. De Tocqueville, after his visit in 1832, said that law yers formed in America its highest political class and the most cultivated circle of society ; that the American aristocracy was not composed of the rich, but that it occupied the judicial bench and the bar. And the de scriptions of the liberal and acute though theoretical Frenchman are generally trustworthy, however often his striking generalizations are at fault. Such, then, was the intimacy of relations between the professions of law and politics when Van Buren shone in both. And when, in his early prime, he gave up the law, neither forensic habits nor those of the attorney were yet too strongly set to permit the easy and complete diversion of his powers to the more generous and exalted activity of public life. PROFESSIONAL LIFE. 31 It is simpler thus separately to treat Van Buren's life as a lawyer, because in a just view of the man it must be subordinate to his hfe as a politician. It is to be remembered, however, that in his earlier years his pro gress in politics closely attended in time, and in much more than time, his professional progress. When, at thirty, he sat as an appellate judge in the court of errors, he was already powerful in politics ; when, at thirty-two, he was attorney-general, he was the leader of his party in the state senate ; when, at forty-five, he had perhaps the most lucrative professional practice in New York, he was the leader of his party in the United States senate. But it will be easier to follow his politi cal career without interruption from his work as a law yer, honorable and distinguished as it was, and much of his political ability as he owed to its fine discipline. Van Buren's domestic life was broken up by the death of his wife at Albany, in February, 1819, leaving him four sons. To her memory Van Buren remained scrupulously loyal until his own death forty-three years afterwards. We may safely believe political enemies when, after saying of him many dastardly things, they admitted that he had been an affectionate husband. Nor were accusations ever made against the uprightness and purity of his private life. CHAPTER III. STATE SENATOR ; ATTORNEY-GENERAL ; MEMBER OF THE CONSTITUTIONAL CONVENTION. The politics of New York state were never more bitter, never more personal, than when Van Buren en tered the field in 1803. The Federalists were sheltered by the unique and noble prestige of Washington's name ; and were conscious that in wealth, education, refine ment, they far excelled the Republicans. They were contemptuously suspicious of the unlettered ignorance, the intense and exuberant vanity, of the masses of American men. It was by that contempt and suspicion that they invited the defeat which, protected though they were by the property qualifications required of voters in New York, they met in 1800 at the hands of a peo ple in whom the instincts of democracy were strong and unsubmissive. This was in our history the one complete and final defeat of a great national party while in power. The Federalists themselves made it final, — by their silly and unworthy anger at a political reverse ; by their profoundly immoral efforts to thwart the popular will and make Burr president ; by their fatal and ingrained disbelief in common men, who, they thought, foolishly and impiously refused to accept wisdom and guidance from the possessors of learning and great estates ; and finally by their unpatriotic opposition to Jefferson and Madison in the assertion of American rights on the seas EARLY POLITICS IN NEW YORK. 33 during the Napoleonic wars. All these drove the party, in spite of its large services in the past and its eminent capacity for service in the future, forever from the con fidence of the American people. The Federalists main tained, it is true, a party organization in New York until after the second war with England; but their efforts were rather directed to the division and embarrassment of their adversaries than to victories of their own strength or upon their own policy. They carried the lower house of the legislature in 1809, 1812, and 1813. There were among them men of the first rank, who re tained a strong hold on popular respect, among whom John Jay and Rufus King were deservedly shining fig ures. But never after 1799 did the Federalists elect in New York a governor, or control both legislative houses, or secure any solid power except by coalition with one branch or another of the Republicans. Van Buren's fondness for politics was soon de veloped. His father was firmly attached to the Jeffer- sonians or Republicans, — a rather discredited minority among the Federalists of Columbia county and the estates of the Hudson River aristocracy. Inheriting his political preferences, Van Buren, with a great body of other young Americans, caught the half-doctrinaire en thusiasm which Jefferson then inspired, an enthusiasm which in Van Buren was to be so enduring a force, and to which sixty years later he was still as loyal as he had been in the hot disputes on the sanded floors of the village store or tavern. During these boyish years he wrote and spoke for his party ; and before he was eigh teen he was formally appointed a delegate to a Republi can convention for Columbia and Rensselaer counties. Van Buren returned from New York to Columbia 34 MARTIN VAN BUREN. county late in 1803, just twenty-one years old. At once he became active in politics. The Republican party, though not strong in his county, was dominant in the state ; and the game of politics was played be tween its different factions, the Federalists aiding one or the other as they saw their advantage. The Repub licans were Clintonians, Livingstonians, or Burrites. George Clinton, in whose career lay the great origin of party politics of New York, was the Republican leader. The son of an Irish immigrant, he had, without the aid of wealth or influential connections, made himself the most popular man in the State. He was the first gover nor after colonial days were over, and was repeatedly reelected. It was his opposition which most seriously endangered New York's adoption of the Federal Con stitution. But in spite of the wide enthusiasm which the completed Union- promptly aroused, this opposition did not prevent his reelection in 1789 and 1792. The majorities were small however, it being even doubtful whether in the latter year the majority were fairly given him. In 1795 he declined to be a candidate, and Rob ert R. Livingston, the Republican in his place, was de feated. In 1801 Clinton was again elected. Later he was vice-president in Jefferson's second term and Madi son's first term ; and his aspiration to the presidency in 1808 was by no means unreasonable. He was a strong party leader and a sincerely patriotic man. The Living ston family interest in New York was very great. The chancellor, Robert R. Livingston, who nowadays is popularly associated with the ceremony of Washing ton's inauguration, had been secretary for foreign af fairs under the Articles of Confederation, and had left the Federalists in 1790. After his sixty years had EARLY POLITICS IN NEW YORK. 35 under the law disqualified him for judicial office, he be came Jefferson's minister to France and negotiated with Bonaparte the Louisiana treaty. Brockholst Livingston was a judge of the supreme court of New York in 1801. In 1807 Jefferson promoted him to the federal supreme court. Edward Livingston, younger than his brother, the chancellor, by seventeen years, was long after to be one of the finest characters in our politics. Early in Washington's administration he had become a strong pro-French Republican, and had opposed Jay's treaty with Great Britain ; though forty years later, when Jackson brought him from Louisiana to be secretary of state, he was sometimes reminded of his still earlier Federalism. Morgan Lewis, judge of the supreme court and afterwards chief justice, and still later gover nor, was a brother-in-law of the chancellor. Smith Thompson, also a judge and chief justice, and later sec retary of the navy under Monroe and a judge of the federal supreme court, and Van Buren's competitor for governor in 1828, was a connection of the family. There were sneers at the Livingston conversion to Democracy as there always are at political conversions. But whe ther or not Chancellor Livingston's Democracy came from jealousy of Hamilton in 1790, it is at least cer tain that he and his family connections rendered politi cal services of the first importance during a half cen tury. The drafting of Jackson's nullification proclama tion in 1833 by Edward Livingston was one of the most signal and noblest services which any American has had the fortune to render to the country. The best offices were largely held by the Clinton and Livingston families and their connections, an ar rangement very aristocratic indeed, but which did not 36 MARTIN VAN BUREN. then seem inconsistent with efficient and decorous per formance of the public business. Burr naturally gath ered around him those restless, speculative men who are as immoral in their aspirations as in their conduct, and whose adherence has disgraced and weakened al most every democratic movement known to history. Burr had been attorney-general ; he had refused a seat in the supreme court ; he had been United States sena tor ; and now in the second office of the nation presided with distinguished grace over the federal senate. His hands were not yet red with Hamilton's blood when Van Buren met him at New York in 1803 ; but Demo cratic faces were averted from the man who, loaded with its honors and enjoying its confidence, had in trigued with its enemies to cheat his exultant party out of their choice for president. In tribute to the Republi cans of New York, George Clinton had already been selected in his place to be the next vice-president. While Van Buren was near the close of his law studies at New York, Burr was preparing to restore his for tunes by a popular election, for which he had some Re publican support, and to which the fatuity of the de feated party, again rejecting Hamilton's advice, added a considerable Federalist support. William P. Van Ness, as " Aristides," one of the classical names under which our ancestors were fond of addressing the public, had in the Burr interest written a bitter attack on the Clintons and Livingstons, accusing them, and with rea son, of dividing the offices between themselves. Van Buren was easily proof against the allurements of Burr, and even the natural influence of so distinguished a man as Van Ness, with whom he had been studying a year. Sylvester, his first preceptor, was a Federalist. EARLY POLITICS IN NEW YORK. 37 So was Van Alen, his half-brother, soon to be his partner, who in May, 1806, was elected to Congress. But Van Buren was firm and resolute in party allegiance. In the election for governor in April, 1804, Burr was badly beaten by Morgan Lewis, the Clinton-Livingston candi date, whom Van Buren warmly supported, and Burr's political career was closed. The successful majority of the Republicans was soon resolved into the Clintonians, led by Clinton and Judge Ambrose Spencer, and the Livingstonians, led by Governor Lewis. The active participation of judges in the bitter politics of the time illustrates the universal intensity of political feeling, and goes very far to justify Jefferson's and Van Buren's distrust of judicial opinions on political questions. Brockholst Livingston, Smith Thompson, Ambrose Spencer, Daniel D. Tompkins, — all judges of the state supreme court, — did not cease when they donned the ermine to be party politicians ; neither did the chancel lors Robert R. Livingston and Lansing. Even Kent, it is pretty obvious, was a man of far stronger and more openly partisan feelings than we should to-day think fitting so great a judicial station as he held. The quarrels over offices were strenuous and increasing from the very top to the bottom of the community. The Federalists in 1807 generally joined the Lewis ites, or " Quids." Governor Lewis, finding that the jealousy of the Livingston interest would defeat his re- nomination by the usual caucus of Republican members of the legislature, became the candidate of a public meeting at New York, and of a minority caucus, and asked help from the Federalists. Such an alliance al ways seemed monstrous only to the Republican faction that felt strong enough without it. The regular legis- 38 MARTIN VAN BUREN. lative caucus, controlled by the Clintonians, nominated Daniel D. Tompkins, then a judge of the supreme court, and for years after the Republican " war-horse." Van Buren adhered to the purer, older, and less patri cian democracy of the Clintonians. Tompkins was elected, with a Clintonian legislature ; and the result secured Van Buren's first appointment to public office. A Clintonian council of appointment was chosen. The council, a complex monument of the distrust of execu tive power with which George III. had filled his re volted subjects, was composed of five members, being the governor and one member from each of the four senatorial districts, who were chosen by the assembly from among the six senators of the district. The four senatorial members of the council were always, there fore, of the political faith of the assembly, except in cases where all the senators from a district belonged to the minority party in the assembly. To this council belonged nearly every appointment in the state, even of local officers. Prior to 1801 the governor appointed, with the advice and consent of the council. After the constitutional amendment of that year, either member of the council could nominate, the appointment being made by the majority. Van Buren became surrogate of Columbia county on February 20, 1808. There was no prescribed term of office, the commission really run ning until the opposition party secured the council of appointment. Van Buren held the office about five years and until his removal on March 19, 1813, when his adversaries had secured control of the council. At this time the system of removing the lesser as well as the greater officers of government for political rea sons was well established in New York. It is impos- RISE OF THE SPOILS SYSTEM. 39 sible to realize the nature of Van Buren's political education without understanding this old system of proscription, whose influence upon American public life has been so prodigious. The strife over the Federal Constitution had been fierce. Its friends, after their victory, sought, neither unjustly nor unnaturally, to punish Governor Clinton for his opposition. Although Washington wished to stand neutral between parties, he still believed it politically suicidal to appoint officers not in sympathy with his administration.1 Hamilton un doubtedly determined the New York appointments when the new government was launched, and they were made from the political enemies of Governor Clinton, — a course provoking an animosity which not improbably appeared in the more numerous state appointments con trolled by Clinton and the Republican council. After the excesses of the French Revolution the Republicans were denounced as Jacobins and radicals, dangerous in politics and corrupt in morals. The family feuds aided and exaggerated the divisions in this small community of freehold voters. Appointments were made in the federal and state services for political reasons and for family reasons, precisely as they had long been made in England. Especially along the rich river counties from New York to the upper Hudson were so distributed the lucrative offices, which were eagerly sought for their profit as well as for their honor. 1 " I shall not, whilst I have the honor to administer the gov ernment, bring a man into any office of consequence, knowingly, whose political tenets are adverse to the measures which the gen eral government are pursuing ; for this, in my opinion, would be a sort of political suicide." — Washington to Pickering, secretary of war, September 27, 1795. Vol. 11 of Sparks's edition of Wash ington's Writings, 74. 40 MARTIN VAN BUREN. The contests were at first for places naturally va cated by death or resignation ; the idea of the property right of an incumbent actually in office lingered until after the last century was out. It is not clear when the first removals of subordinate officers took place for political reasons. Some were made by the Federalists during Governor Jay's administration ; but the first extensive removals seem to have occurred after the elections of 1801. For this there were two immediate causes. In that year the exclusive nominating power of the gov ernor was taken from him. Each of the other four members of the council of appointment could now nom inate as well as confirm. Appointments and removals were made, therefore, from that year until the new Con stitution of 1821, by one of the worst of appointing bodies, a commission of several men whose consultations were secret and whose responsibility was divided. Sys tematic abuse of the power of appointment became in evitable. There was, besides, a second reason in the anger against Federalists, which they had gone far to provoke, and against their long and by no means gentle domination. This anger induced the Republicans to seek out every method of punishment. But for this, the abuse might have been long deferred. Nor is it unlikely that the refusal of Jefferson, inaugurated in March of that year, to make a " clean sweep " of his enemies, turned the longing eyes of embittered Republi cans in New York more eagerly to the fat state offices enjoyed by their insolent adversaries 6f the past twelve years. The Clintons and Livingstons had led the Republi cans to a victory at the state election in April, 1801. Later in that year George Clinton, now again governor, RISE OF THE SPOILS SYSTEM. 41 called together the new council with the nominating- power vested in every one of its five members. This council acted under distinguished auspices, and it de serves to be long remembered. Governor Clinton pre sided, and his famous nephew, De Witt Clinton, was below him in the board. The latter represented the Clintonian Republicans.1 Ambrose Spencer, a man of great parts and destined to a notable career, represented the Livingstons, of whom he was a family connection. Rosehoom, the other Republican, was easily led by his two abler party associates. The fifth member did not count, for he was a Federalist. Two of the three really distinguished men of this council, De Witt Clinton and Ambrose Spencer, it is not unjust to say, first openly and responsibly established in New York the " spoils system " by removals, for political reasons, of officers not political. The term of office of the four senatorial members of this council had commenced while the illus trious Federalist John Jay was governor ; but they rejected his nominations until he was tired of making them, and refused to call them together. When Clinton took the governor's scat, he promptly summoned the board, and in August, 1801, the work began. De Witt Clinton publicly formulated the doctrine, but it did not yet reach its extreme form. He said that the principal executive offices in the state ought to be filled by the friends of the administration, and the more unimportant offices ought to be proportionally distributed between the two parties. The council rapidly divided the chief 1 I use the political name then in vogue. The greater part of tlie Republicans have, since the rearrangement of parties in John Quincy Adams's time, or rather since Jackson's time, been known as Democrats. 42 MARTIN VAN BUREN. appointments among the Clintons and Livingstons and their personal supporters. Officers were selected whom Jay had refused to appoint. Edward Livingston, the chancellor's brother, was given the mayoralty of New York, a very profitable as well as important station ; Thomas Tillotson, a brother-in-law of Chancellor Liv ingston, was made secretary of state, in place of Daniel Hale, removed ; John V. Henry, a distinguished Feder alist lawyer, was removed from the comptrollership ; the district attorney, the clerk and the recorder of New York were removed ; William Coleman, the founder of the " Evening Post," and a strong adherent of Hamil ton, was turned out of the clerkship of the circuit court. And so the work went on through minor offices. New commissions were required by the Constitution to be issued to the puisne judges of the county courts and to justices of the peace throughout the state once in three years. Instead of renewing the commissions and pre serving continuity in the administration of justice, the council struck out the names of Federalists and inserted those of Republicans. The proceedings of this council of 1801 have profoundly affected the politics of New York to this day. Few political bodies in America have exercised as serious and lasting an influence upon the political habits of the nation. The tradition that Van Buren and the Albany Regency began political pro scription is untrue. The system of removals was thus established several years before Van Buren held his first office. Its founders, De Witt Clinton and Ambrose Spencer, were long his political enemies. Governor Clinton, whose honorable record it was that during the eighteen years of his governorship he had never con sented to apolitical removal, entered his protest — not RISE OF THE SPOILS SYSTEM. 43 a very hearty one, it is to be feared — in the journal of the council ; but in vain. In the next year the two chief offenders were promoted, — De Witt Clinton to be United States senator in the place of General Arm strong, a brother-in-law of Chancellor Livingston, and Ambrose Spencer to be attorney-general ; and two years later Spencer became a judge of the supreme court. After the removals there began a disintegration of the party hitherto successfully led by Burr, the Clin tons, and the Livingstons. Colonel Swartwout, Burr's friend, was called by De Witt Clinton a liar, scoundrel and villain; although, after receiving two bullets from Clinton's pistol in a duel, he was assured by the latter, with the courtesy of our grandfathers, that there was no personal animosity. Burr's friends had of course to be removed. But in 1805, after the Clintons and the Liv ingstons had united in the election of Lewis as governor over Burr, they too quarreled, — and naturally enough, for the offices would not go around. So, after the Clin tonians on the meeting of the legislature early in 1806 had captured the council, they turned upon their recent allies. Maturin Livingston was removed from the New York recordership, and Tillotson from his place as sec retary of state. The work was now done most thor oughly. Sheriffs, clerks, surrogates, county judges, jus tices of the peace, had to go. But at the corporation election in New York in the same year, the Livingstoni- ans and Federalists, with a majority of the common coun cil, in their fashion righted the wrong, and, with a vigor not excelled by their successors a half century later, re moved at once all the subordinate municipal officers sub ject to their control who were Clintonians. In 1807 the Livingstonian Republicans, or, as they were now 44 MARTIN VAN BUREN. called from the governor, the Lewisites, with the Federalists and BuiTites, secured control of »the state council ; and proceeded promptly to the work of re movals, defending it as a legitimate return for the pro- scriptive course of their predecessors. In 1808 the Clintonians returned to the council, and, through its now famdiar labors, to the offices from which the Lewis ites were in their turn driven. In 1810 the Federalists controlled the assembly which chose the council ; and they enjoyed a " clean sweep " as keenly as had the contending Republican factions. But the election of this year, the political record tells us, taught a lesson which politicians have ever since refused to learn, per haps because it has not always been taught. The re moval of the Republicans from office " had the natural tendency to call'out all their forces." The Clintonians in 1811, therefore, were enabled by the people to reverse the Federalist proscription of 1810. The Federalists, again in power in 1813, again followed the uniform usage then twelve years old. Political removals had be come part of the unwritten law. •'• At this time Van Buren suffered the loss of his office as surrogate, but doubtless without any sense of private or public wrong. It was the customary fate of war. In 1812 he was nominated for state senator from the mid dle district, composed of Columbia, Dutchess, Orange, Ulster, Delaware, Chenango, Greene, and Sullivan coun ties, as the candidate of the Clintonian Republicans against Edward P. Livingston, the candidate of the Lewisites or Livingstonians and Burrites as well as the Federalists. Livingston was the sitting member, and a Republican of powerful family and political connections. Van Buren, not yet thirty, defeated him by a majority RISE OF THE SPOILS SYSTEM. 45 of less than two hundred out of twenty thousand votes. In November, 1812, he took his seat at Albany, and easily and within a few months reached a conspicuous and powerful place in state politics. These details of the establishment of the "spoils system " in New York politics seem necessary to be told, that Van Buren's own participation in the wrong may be fairly judged. It is a common historical vice to judge the conduct of men of earlier times by standards which they did not know. Van Buren found thoroughly and universally established at Albany, when he entered its life, the rule that, upon a change in the executive, there should be a change in the offices, without reference to their political functions. He had in his own person experienced its operation both to his advantage and to his disadvantage. Federalists and Republicans were alike committed to the rule. The most distinguished and the most useful men in active public life, whatever their earlier opinion might have been, had acquiesced and joined in the practice. Nor was the practice changed or extended after Van Buren came into state politics. It continued as it had thus begun, until he be came a national figure. Success in it required an abil ity and skill of which he was an easy master ; nor does he seem to have shrunk from it. But he was neither more nor less reprehensible than the universal public sense about him. For it must be remembered that the " spoils system " was not then offensive to the more enlightened citizens of New York. The system was no excess of democracy or universal suffrage. It haxl arisen amidst a suffrage for governor and senators limited to those who held in freehold land worth at least £100, and for assemblymen limited to those who held in 46 MARTIN VAN BUREN. freehold land worth £20, or paid a yearly rent of forty shillings, and who were rated and actually paid taxes. It was practiced by men of aristocratic habits chosen by the well-to-do classes. It grew in the disputes of great family interests, and in the bitterness of popular ele ments met in a new country, still strange or even for eign to one another, and permitted by their release from the dangers of war and the fear of British oppression to indulge their mutual dislikes. The frequent " rotation " in office which was soon to be pronounced a safeguard of republican institutions, and which Jackson in December, 1829, told Congress was a " leading principle in the Republicans' creed," was by no means an unnatural step towards an im provement of the civil service of the state. Reformers of our day lay great stress upon the fundamental rule of democratic government, that a public office is simply a trust for the people ; and they justly find the chief argument against the abuses of patronage in the noto rious use of office for the benefit of small portions of the people, to the detriment of the rest. In Eng land, however, for centuries (and to some extent the idea survives there in our own time), there was in an office a quality of property having about it the same kind of sacred immunity which belongs to real or per sonal estate. There were reversions to offices after the deaths of their occupants, like vested remainders in lands. It was offensive to common decency and justice that the right of each officer to appropriate so much of the public revenue should be attacked. It offended neither justice nor the public conscience that great per quisites should belong to officers performing work of the most trifling value or none at all. The same practices RISE OF THE SPOILS SYSTEM. 47 and traditions, weakened by distance from England and by the simpler life and smaller wealth of the colonists, came to our forefathers. They existed when the demo cratic movement, stayed during the necessities of war and civil reconstruction, returned at the end of the last century and became all-powerful in 1801. To break this idea of property and right in office, to make it clear that every office was a mere means of service of the people at the wish of the people, there seemed, to very patriotic and generally very wise men, no simpler way than that the people by their elections should take away and distribute offices in utter disregard of the in terests of those who held them. The odious result to which this afterwards led, of making offices the mere property of influential politicians, was but imperfectly foreseen. Nor did that result, inevitable as it was, follow for many years. There seems no reason to be lieve that the incessant and extensive changes in office which began in 1801, seriously lowered the standard of actual public service until years after Van Buren was a powerful and conspicuous politician. Political parties were pretty generally in the hands of honest men. The prostituted and venal disposition of " spoils," though a natural sequence, was to come long after. Rotation was practiced, or its fruits were accepted and enjoyed with satisfaction, by public men of the state who were really statesmen, who had high standards of public honor and duty, whose minds were directed towards great and exalted public ends. If it seemed right to De Witt Clinton, Edward Livingston, Robert R. Liv ingston, and Ambrose Spencer, surely lesser gods of our early political Olympus could not be expected to refuse its advantages or murmur at its hardships. Nor was 48 MARTIN VAN BUREN. the change distasteful to the people, if we may judge by their political behavior. No faction or party seems to have been punished by public sentiment for the practice except in conspicuous cases like those of De Witt Clin ton and Van Buren, where sometimes blows aimed at single men roused popular and often an undeserved sympathy. The idea that a public officer should easily and naturally go from the ranks of the people without special equipment, and as easily return to those ranks, has been popularly agreeable wherever the story of Cin- cinnatus has been told. Early in this century the close ness of offices to ordinary life, and the absence of an organized bureaucracy controlling or patronizing the masses of men, seemed proper elements of the great democratic reform. There had not yet arisen the very modern and utilitarian and the vastly better conception of a service, the responsible directors of whose policy should be changed with popular sentiment, but whose subordinates should be treated by the public as any other employer would treat them, upon simple and un sentimental rules of business. Another practical con sideration makes more intelligible the failure of our an cestors to perceive the dangers of the great change tkey permitted. Offices were not nearly as technical, their duties not nearly as uniform, as they have grown to be in the more complex procedures of our enormously richer and more populous time. Every officer did a multitude of things. Intelligent and active men in un official life shifted with amazing readiness and success from one calling to another. A general became a judge, or a judge became a general, — as, indeed, we have seen in later days. A merchant could learn to survey ; a farmer could keep or could learn to keep fair records. WAR OF 1812. 49 In the art of making of the lesser offices ammunition with which to fight great battles over great questions, Van Buren became a master. His imperturbable temper and patience, his keen reading of the motives and uses of men, gave him so firm a hold upon politicians that it has been common to forget the undoubted hold he long had upon the people. In April, 1816, he was reelected senator for a second term of four years. His eight years of service in the senate expired in 1820. In November, 1812, the first session of the new legisla ture was held to choose presidential electors. Not untd sixteen years later were electors chosen directly by the people. Van Buren voted for the candidates favorable to De Witt Clinton for president as against Madison. In the successful struggle of the Clintonians for these electors, he is said in this, his first session, to have shown the address and activity which at once made him a Re publican leader. For his vote against Madison Van Buren's friends afterwards made many apologies ; his adversaries declared it unpardonable treachery to one of the revered Democratic fathers. But the young politi cian was not open to much condemnation. De Witt Clinton, though he had but just reached the beginning of middle life, was a very able and even an illustrious man. He had been unanimously nominated in an orderly way by a caucus of the Republican members of the legislature of 1811 and 1812 of which Van Buren was not a member. He had accepted the nomination and had declined to withdraw from it. There was a strong Republican opposition to the declaration of war at that time, because preparation for it had not been adequately made. Most of the Republican members of Congress from New York had voted against the declara- 50 MARTIN VAN BUREN. tion. The virtues and abilities of Madison were not those likely to make a successful war, as the event amply proved. There was natural and deserved discontent with the treatment by Jefferson's administration, in which Madison had charge of foreign relations, and by Madison's own administration, of the difficulties caused by the British Orders in Councfl, the Berlin and Milan decrees of Napoleon, and the unprincipled depredations of both the great belligerents. Van Buren is said by Butler, then an inmate of his family, to have been an open and decided advocate of the embargo, and of all the strong measures proposed against Great Britain and of the war itself. Nor was this very inconsistent with his vote for Clinton. He had a stronger sense of allegiance to his party in the State than to his party at Washington ; and the Republican party of New York had regularly declared for Clinton. For once at least Van Buren found himself voting with the great body of the Federalists, men who had not, like John Quincy Adams, become reconciled to the strong and obvious, though sometimes ineffective, patriotism of Jefferson's and Madison's administrations. But whatever had been the motives which induced Van Buren to support Clinton, they soon ceased to operate. Within a few months after this the political relations between the two men were dissolved ; and they were politically hostile, until Clinton's death fourteen years afterwards called from Van Buren a most pathetic tribute. Although the youngest man but one, it was said, until that time elected to the state senate, Van Buren was in January, 1814, chosen to prepare the answer then cus tomarily made to the speech of the governor. In it he defended the war, which had been bitterly assailed in WAR OF 1812. 51 the address to the governor made by the Federalist as sembly. Political divisions even when carried to excess were, he said, inseparable from the blessings of freedom ; but such divisions were unfit in their resistance of a for eign enemy. The great body of the New York Republi cans, with Governor Tompkins at their head, now gave Madison vigorous support ; although their defection in 1812 had probably made possible the Federalist success at the election for the assembly in 1813, which embar rassed the national administration. Van Buren warmly supported Tompkins for his reelection in April, 1813, and prepared for the legislative caucus a highly declam atory, but clear and forcible, address to Republican elec tors in his behalf. The provocations to war were strongly set out. It was declared that " war and war alone was our only refuge from national degradation ; " the " two great and crying grievances " were " the destruction of our commerce, and the impressment of our seamen ; " for Americans did not anticipate the surrender at Ghent two years later to the second wrong. While American sailors' " deeds of heroic valor make old Ocean smile at the humiliations of her ancient tyrant," the address urged Americans to mark the man, meaning the trading Federalist, who believed " in commuting our sailors' rights for the safety of our merchants' goods." In the sophomoric and solemn rhetoric of which Americans, and Englishmen too, were then fond, it pointed out that the favor of citizens was not sought " by the seductive wiles and artful blandishments of the corrupt minions of aristocracy," who of course were Federalists, but that citizens were now addressed "in the language which alone becomes freemen to use, — the language to which alone it becomes freemen to listen." 52 MARTIN VAN BUREN. In the legislative sessions of 1813 and 1814 Van Buren gave a practical and skillful support to adminis tration measures. But many of them were balked by the Federalists, until in the election of April, 1814, the rising patriotism of the country, undaunted by the un skillful and unfortunate conduct of the war, pronounced definitely in favor of a strong war policy. The Republi cans recovered control of the assembly ; and there were already a Republican governor and senate. An extra session was summoned in September, 1814, through which exceedingly vigorous measures were carried against Federalist opposition. Van Buren now definitely led. Appropriations were made from the state treasury for the pay of militia in the national service. The State undertook to enlist twelve thousand men for two years, a corps of sea fencibles consisting of twenty companies, and two regiments of colored men ; slaves enlisting with the consent of their masters to be freed. Van Buren's " classification act " Benton afterwards declared to be the " most energetic war measure ever adopted in this country." By it the whole military population was di vided into 12,000 classes, each class to furnish one able- bodied man, making the force of 12,000 to be raised. If no one volunteered from a class, then any member .of the class was authorized to procure a soldier by a bounty, the amount of which should be paid by the members of the class according to their ability, to be determined by assessors. If no soldier from the class were thus pro cured, then a soldier was to be peremptorily drafted from each class. Van Buren was proud enough of this act to file the draft of it in his own handwriting with the clerk of the senate, indorsed by himself : " The original Classi fication Bill, to be preserved as a memento of the patri- ELECTED ATTORNEY-GENERAL. 53 otism, intelligence, and firmness of the legislature of 1814-15. M. V. B. Albany, Feb. 15, 1815." Cheered, after many disasters, by the victory at Platts burg and the creditable battle of Lundy's Lane, the sen ate, in Van Buren's words, congratulated Governor Tompkins upon " the brilliant achievements of our army arid navy during the present campaign, which have pierced the gloom that for a time obscured our political horizon." The end of the war left in high favor the Republicans who had supported it. The people were good-humoredly willing to forget its many inefficiencies, to recall complacently its few glories, and to find little fault with a treaty which, if it established no disputed right, at least brought peace without surrender and with out dishonor. Jackson's fine victory at New Orleans after the treaty was signed, though it came too late to strengthen John Quincy Adams's dauntless front in the peace conference, was quickly seized by the people as the summing up of American and British prowess. The Republicans now had a hero in the West, as well as a philosopher at Monticello. Van Buren drafted the reso lution giving the thanks of New York " to Major-Gen eral Jackson, his gallant officers and troops, for their wonderful and heroic victory." In the method then well established the Republicans celebrated their political success in 1814. Among the removals, Abraham Van Vechten lost the post of attpr- ney-general, which on February 17, 1815, was conferred upon Van Buren for his brilliant and successful leader ship in the senate. He remained, however, a senator of the State. At thirty-two, therefore, he was, next to the governor, the leader of the Tompkins Republicans, now so completely dominant ; he held two political offices of 54 MARTIN VAN BUREN. dignity and importance ; and he was conducting besides an active law practice. De Witt Clinton, after his defeat for the presidency, suffered other disasters. It was in January, 1813, that he and Van Buren broke their political relations ; and the Republicans very largely fell off from him. The reasons for this do not clearly appear ; hut were prob ably Clinton's continuance of hostility to the national administration, which seemed unpatriotic to the Repub licans, and some of the mysterious matters of patronage in which Clinton had been long and highly proscriptive. In 1815 the latter was removed from the mayoralty of New York by the influence of Governor Tompkins in the council. He had been both mayor and senator for several years prior to 1812. He was mayor and lieu tenant-governor when he was a candidate for the presi dency. In 1816 the Republicans in the assembly, then closely divided between them and the Federalists (who seemed to be favored by the apportionment), sought one of those immoral advantages whose wrong in times of high party feeling seems invisible to men otherwise honorable. In the town of Pennington a Federalist, Henry Fel lows, had been fairly elected to the assembly by a ma jority of 30 ; but 49 of his ballots were returned as reading " Hen. Fellows " ; and his Republican com petitor, Peter Allen, got the certificate of appointment. The Republicans, acting, it seems, in open conference with Van Buren, insisted not only upon organizing the house, which was perhaps right, but upon what was wrong and far more important. They elected the council of appointment before Fellows was seated, as he after wards was by an almost unanimous vote. The " Peter STATE SENATOR. ATTORNEY-GENERAL. 55 Allen legislature " is said to have become a term of re proach. But, as with electoral abuses in later days, the Federalists were not as much aided as they ought to have been by this sharp practice of their rivals ; the people perhaps thought that as they were in the minor ity everywhere but in the assembly, they ought not to have been permitted, by a capture of the council, to re move the Republicans in office. At any rate the elec tion in April, 1816, while the '' Peter Allen legislature " was still in office, went heavily in favor of the Repub licans, Van Buren receiving his second election to the senate. On March 4, 1816, he was chosen by the legis lature a regent of the University of the State of New York, an office which he held until 1829. The Uni versity was then, as now, almost a myth, being supposed to be the associated colleges and academies of the state. But the regents have had a varying charge of educa tional matters. In 1817 the agitation, so superbly and with such foresight conducted by Clinton, resulted in the passage of the law under which the construction of the Erie Canal began. Van Buren's enmity to Clinton did not cause him to oppose the measure, of which Hammond says he was an " early friend." With a few others he left his party ranks to vote with Clinton's friends ; and this necessary accession, from the " Bucktails " is said by the same very fair historian to have been produced by Van Buren's " efficient and able efforts." In his speech favoring it he declared that his vote for the law would be " the most important vote he ever gave in his life;" that "the project, if executed, would raise the State to the highest possible pitch of fame and gran deur," an expression not discredited by the splendid 56 MARTIN VAN BUREN. and fruitful result of the enterprise. Clinton, after hearing the speech, forgot for a moment their political collisions, and personally thanked Van Buren. In Aprd, 1817, Clinton was elected governor by a practically unanimous vote. His resolute courage and the prestige of the canal policy compelled this tribute from the Republicans, in spite of his sacrilegious presi dential aspiration in 1812, and his dismissal from the mayoralty of New York in 1815. Governor Tompkins, now vice-president, was Clinton's only peer in New York politics. The popular tide was too strong for the efforts of Tompkins, Van Buren, and their associates. In the eagerness to defeat Clinton, it was even suggested that Tompkins should serve both as governor and vice- president ; should be at once ruler at Albany and vice- ruler at Washington. Van Buren did not, however, go with the hot-heads of the legislature in opposing a bill for an election to fill the vacancy left by the resigna tion, which it was at last thought necessary for Tomp kins to make, of the governorship. No one dared run against Clinton ; and he triumphantly returned to politi cal power. Under this administration of his, the party feud took definite form. Clinton's Republican adver saries were dubbed " Bucktails," from the ornaments worn on ceremonial occasions by the Tammany men who had long been Clinton's enemies. The Bucktails and their successors were the " regular " Republicans, or the Democrats as they were later called ; and they kept their regularity until, long afterwards, the younger and greater Bucktail leader, when venerable and laden with honors, became the titular head of the Barnburner de fection. The merits of the feud between Bucktails and Clintonians it is now difficult to find. Each accused the STATE SENATOR. 57 other of coquetting with the Federalists ; and the accu sation of one of them was nearly always true. Politics was a highly developed and extremely interesting game, whose players, though really able and patriotic men, were apparently careless of the undignified parts they were playing. Nor are Clintonians and Bucktails alone in political history. Cabinets of the greatest nations have, in more modern times, broken on grounds as sheerly personal as those which divided Clinton and Van Buren in 1818. British and French ministries, as recent memoirs and even recent events have shown, have fallen to pieces in feuds of as little essential dignity as belonged to those of New York seventy years ago. In 1819 the Bucktails suffered the fate of war; and Van Buren, their efficient head, was removed from the attorney-general's office. Thurlow Weed, then a country editor, grotesquely wrote at the time that " rotation in office is the most striking and brilliant feature of excel lence in our benign form of government ; and that by this doctrine, bottomed, as it is, upon the Magna Charta of our liberties, Van Buren's removal was not only sanc tioned, but was absolutely required." The latter still remained state senator, and soon waged a short and decisive campaign to recover political mastery. He now came to the aid of Governor Tompkins, who dur ing the war with England had borrowed money for public use upon his personal responsibility, and in the disbursement of several millions of dollars for war pur poses had, through carelessness in book-keeping or cler ical detail, apparently become a debtor of the State. The comptroller, in spite of a law passed in 1819 to indem nify Tompkins for his patriotic services, took a hostile attitude which threatened the latter with pecuniary de- 58 MARTIN VAN BUREN. struction. In March, 1820, Van Buren threw himself into the contest with a skill and generous fervor which saved the ex-governor. Van Buren's speech of two days for the old chief of the Bucktails, is described by Hammond, a political historian of New York not un duly friendly to Van Buren, to have been " ingenious, able, and eloquent." It was also in 1820 that Van Buren promoted the re election of Rufus King, the distinguished Federalist, to the United States senate. His motives in doing this were long bitterly assailed ; but as the choice was in trinsically admirable, Van Buren was probably glad to gratify a patriotic impulse which was not very incon sistent with party advantage. In 1819 the Republican caucus, the last at which the Bucktails and Clintonians both attended, was broken up amid mutual recrimina tions. John C. Spencer, the son of Ambrose Spencer, and afterwards a distinguished Whig, was the Clin tonian candidate, and had the greater number of Repub lican votes. In the legislature there was no choice, Rufus King having fewer votes than either of the Re publicans. When the legislature of 1820 met, there ap peared a pamphlet skillfully written in a tone of exalted patriotism. This decided the election for King. Van Buren was its author, and was said to have been aided by William L. Marcy. Both had suffered at the hands of Clinton. However much they may have been so in fluenced in secret, they gave in public perfectly sound and weighty reasons for returning this old and distin guished statesman to the place he had honored for many years. In 1813 King had received the votes of a few Republicans, without whom he would have been defeated by a Republican competitor. The Clintonians ELECTION OF RUFUS KING. 59 and their adversaries had since disputed which of them had then been guilty of party disloyalty. But it can hardly be doubted that King's high character and great ability, with the bit of revolutionary glamour about him, made his choice seem patriotic and popular, and there fore politically prudent. Van Buren's pamphlet of 1820 was addressed to the Republican members of the legislature by a "fellow- member " who told them that he knew and was person ally known to most of them, and that he had, " from his infancy, taken a deep interest in the honor and prosperity of the party." This anonymous " fellow- member " pronounced the support of King by Republi cans to " be an act honorable to themselves, advanta geous to the country, and just to him." He declared that the only reluctance Republicans had to a public avowal of their sentiments arose from a "commendable appre hension that their determination to support him under existing circumstances might subject them to the sus picion of having become a party to a political bargain, to one of those sinister commutations of principle for power, which they think common with their adversaries, and against which they have remonstrated with becom ing spirit." He showed that there were degrees even among Federalists, — that some in the war had been influenced by "most envenomed malignity against the administration of their own government ; " that a second and " very numerous and respectable portion " had been those " who, inured to opposition and heated by colli sion, were poorly qualified to judge dispassionately of the measures of government," who thought the war im politic at the time, but who were ignorantly but honestly mistaken ; but that a third class of them had risen " su- 60 MARTIN VAN BUREN. perior to the prejudices and passions of those with whom they once acted." In the last class had been Rufus King ; at home and in the senate he had supported the administration ; he had helped procure loans to the State for war purposes. The address skillfully recalled his revolutionary services, his membership in the con vention which framed the Federal Constitution, his ap pointment by Washington as minister to the English court, and his continuance there under Jefferson. He was declared to be opposed to Clinton. The address concluded by reciting that there had been in New York "exceptionable and unprincipled political bargains and coalitions," which with darker offenses ought to be proved, to vindicate the great body of citizens " from the charge of participating in the profligacy of the few, and to give rest to that perturbed spirit which now haunts the scenes of former moral and political de baucheries ; " but added that the nature of a vote for King precluded such suspicions. The last statement was just. King's return was free from other suspicion than that he probably preferred the Van Buren to the Clinton Republicans. Van Buren, seeing that the Federalist party was at an end, was glad both to do a public service and to ally with his party, in the divisions of the future, some part of the ele ment so finely represented by Rufus King. In private Van Buren urged the support of King even more em phatically. " We are committed," he wrote, " to his support. It is both wise and honest, and we must have no fluttering in our course. Mr. King's views towards us are honorable and correct. . . . Let us not, then, have any halting. I will put my head on its propriety." Van Buren's partisanship always had a mellow charac- ELECTION OF RUFUS KING. 61 ter. He practiced the golden rule of successful politics, to foresee future benefits rather than remember past injuries. Indeed, it is just to say more. In sending King to the senate he doubtless experienced the lofty pleasure which a politician of public spirit feels in his occasional ability to use his power to reach a beneficent end, which without the power he could not have reached, a stroke which to a petty politician would seem dan gerous, but which the greater man accomplishes with out injury to his party standing. A year or two after King's election, when Van Buren joined him at Wash ington, there were established the most agreeable rela tions between them. The refinement and natural de corum of the younger man easily fell in with the polished and courtly manner of the old Federalist. Benton, who had then just entered the senate, said it was de lightful to behold the deferential regard which Van Buren paid to his venerable colleague, a regard always returned by King with marked kindness and respect. In this year the era of good feeling was at its height. Monroe was reelected president by an almost unanimous vote, with Tompkins again as vice-president. The good feeling, however, was among the people, and not among the politicians. The Republican party was about to divide by reason of the very completeness of its su premacy. The Federalist party was extinguished and its members scattered. The greater number of them in New York went with the Clintonian Republicans, with whom they afterwards formed the chief body of the Whig party. A smaller number of them, among whom were James A. Hamilton and John C. Hamilton, the sons of the great founder of the Federalist party, Wil liam A. Duer, John A. King (the son of the reelected 62 MARTIN VAN BUREN. senator), and many others of wealth and high social position, ranged themselves for a time in the Bucktail ranks under Van Buren's leadership. In the slang of the day, they were the " high-minded Federalists," be cause they had declared that Clinton's supporters prac ticed a jjersonal subserviency " disgusting to high-minded and honorable men." With this addition, the Bucktails became the Democratic party in New York. In April, 1820, the gubernatorial election was between the Clin tonians supporting Clinton, and the Bucktails support ing Tompkins, the vice-president. Clinton's recent and really magnificent public service made him successful at the polls, but his party was beaten at other points. Rufus King's reelection to the senate was believed to have some relation to the Missouri question, then agitating the nation. In one of his letters urging his Republican associates to support King, Van Buren declared that the Missouri question concealed no plot so far as King was concerned, but that he, Van Buren, and his friends, would " give it a true direction." King's strong opposition to the admission of Missouri as a slave state was, .how ever, perfectly open. If he returned to the senate, it was certain he would steadily vote against any extension of slavery. Van Buren knew all this, and doubtless meant that King was bargaining away none of his con victions for the senatorship. But what the " true direc tion " was which was to be given the Missouri question, is not clear. About the time of King's reelection Van Buren joined in calling a public meeting at Albany to protest against extending slavery beyond the Missis sippi. He was absent at the time of the meeting, and refused the use of his name upon the committee to send the anti-slavery resolutions to Washington. Nor is it STATE SENATOR. 63 clear whether his absence and refusal were significant. He certainly did not condemn the resolutions ; and in January, 1820, he voted in the state senate for an in struction to the senators and representatives in Congress " to oppose the admission, as a state in the Union, of any territory not comprised within the original boundary of the United States, without making the prohibition of slavery therein an indispensable condition of admission." This resolution undoubtedly expressed the clear convic tions of the Republicans in New York, whether on Van Buren's or Clinton's side, as well as of the remaining Federalists. Van Buren's direct interest in national politics had already begun. In 1816 he was present in Washing ton (then a pretty serious journey from Albany) when the Republican congressional caucus was held to nominate a president. Governor Tompkins, after a brief canvass, retired ; and Crawford, then secretary of war, became the candidate against Monroe, and was supported by most of the Republicans from New York. Van Buren's preference was not certainly known, though it is supposed he preferred Monroe. In 1820 he was chosen a presi dential elector in place of an absentee from the electoral college, and participated in the all but unanimous vote for Monroe. He voted with the other New York electors for Tompkins for the vice-presidency. In April, 1820, he wrote to Henry Meigs, a Bucktail congressman then at Washington, that the rascality of some of the deputy postmasters in the State was intolerable, and cried aloud for relief ; that it was impossible to penetrate the inte rior of the State with friendly papers ; and that two or three prompt removals were necessary. The postmas ter-general was to be asked " to do an act of justice and 64 MARTIN VAN BUREN. render us a partial service " by the removal of the post masters at Bath, Little Falls, and Oxford, and to ap point successors, whom Van Buren named. In Janu ary, 1821, Governor Clinton sent this letter to the legislature, with a message and other papers so numer ous as to be carried in a green bag, which gave the name to the message, in support of a charge that the national administration had interfered in the state elec tion. But the "green-bag message" did Van Buren little harm, for Clinton's own prescriptive rigor had been great, and it was only two years before that Van Buren himself had been removed from the attorney- generalship. In 1821 the political division of the New York Republicans was carried to national politics. When a speaker was to be chosen in place of Clay, Taylor of New York, the Republican candidate, was opposed by the BucktaU congressmen, because he had supported Clinton. In February, 1821, Van Buren gained the splendid promotion to the federal senate. He was elected by the Bucktails against Nathan Sanford, the sitting sena tor, who was supported by the Clintonians and Federal ists. Van Buren was now thirty-eight years old, and in the early prime of his powers. He had run the gaunt let of two popular elections ; he had been easily first among the Republicans of the state senate ; he had there shown extraordinary political skill and an intelli gent and public spirit ; he had ably administered the chief law office of the State, which was not judicial. Though not yet keenly interested in any federal ques tion, — for his activity and thought had been sufficiently engaged in affairs of his own state, — he turned to the new field with an easy confidence, amply justified by his UNITED STATES SENATOR. 65 mastery of the problems with which he had so far grap pled. He reached Washington the undoubted leader of his party in the state. The prestige of Governor Tompkins, although just reelected vice-president, had suffered from his recent defeat for the governorship, and from his pecuniary and other difficulties ; and besides, he obviously had not Van Buren's unrivaled equipment for political leadership. Before Van Buren attended his first session in the federal capital he performed for the pubhc most honor able service in the state constitutional convention which sat in the autumn of 1821. This body illustrated the earnest and wholesome temper in which the most pow erful public men of the state, after many exhibitions of partisan, personal, and even petty animosities, could treat so serious and abiding a matter as its fundamental law. The Democrats sent Vice-President Tompkins, both the United States senators, King and Van Buren, the late senator, Sanford, and Samuel Nelson, then be ginning a long and honorable career. The Clintonians and Federalists sent Chancellor Kent and Ambrose Spencer, the chief justice. Van Buren was chosen from Otsego, and not from his own county, probably because the latter was politically unfavorable to him. This convention was one of the steps in the demo cratic march. It was called to broaden the suffrage, to break up the central source of patronage at Albany, and to enlarge local self-administration. The government of New York had so far been a freeholders' government, with those great virtues, and those greater and more enduring vices, which were characteristic of a govern ment controlled exclusively by the owners of land. The painful apprehension aroused by the democratic resolu- Q6 MARTIN VAN BUREN. tion to reduce, if not altogether to destroy, the exclusive privileges of land-owners, was expressed in the conven tion by Chancellor Kent. He would not " bow before the idol of universal suffrage ; " this extreme democratic principle, he said, had " been regarded with terror by the wise men of every age ; " wherever tried, it had brought " corruption, injustice, violence, and tyranny ; " if adopted, posterity would " deplore in sackcloth and ashes the delusion of the day." He wished no laws to • pass without the free consent of the owners of the soil. He did not foresee English parliaments elected in 1885 and 1886 by a suffrage not very far from universal, or a royal jubilee celebrated by democratic masses, or the prudent conservatism in matters of property of the en franchised French democracy, — he foresaw none of these when he declared that England and France could not sustain the weight of universal suffrage ; that " the radicals of England, with the force of that mighty en gine, would at once sweep away the property, the laws, and the liberty of that island like a deluge." Van Buren distinguished himself in the debate. Upon this exciting and paramount topic he did not share the tem per which possessed most of his party. His speech was clear, explicit, philosophical, and really statesmanlike. It so impressed even his adversaries ; and Hammond, one of them, declared that he ought for it to be ranked " among the most shining orators and able statesmen of the age." In reading this, or indeed any of the utterances of Van Buren where the occasion required distinctness, it is difficult to find the ground of the charge of " non- committalism " so incessantly made against him. He doubtless refrained from taking sides on questions not CONSTITUTIONAL CONVENTION. 67 yet ripe for decision, however clear, and whatever may have been his speculative opinions. But this is the duty of every statesman ; it has been the practice of every politician who has promoted reform. Van Buren now pointed out how completely the events of the forty years past had discredited the grave speculative fears of Franklin, Hamilton, and Madison upon provisions of the Federal Constitution. With Burke he believed expe rience to be the only unerring touchstone. He conclu sively showed that property had been as safe in those American communities which had universal suffrage as in the few which retained a property qualification ; that venality in voting, apprehended from the change, al ready existed in the grossest forms at the parliamentary elections of England. Going to the truth which is at the dynamic source of democratic institutions, he told the chancellor that when in America the principles of order and good government should yield to principles of , anarchy and violence and permit attacks on private prop erty or an agrarian law, all constitutional provisions would be idle and unavailing, because they would have lost all their force and influence. With a true instinct, however, Van Buren wished the steps to be taken gradu ally. He was not yet ready, he said, to admit to the suffrage the shifting population of cities, held to the government by no other ties than the mere right to vote. He was not ready for a really universal suffrage. The voter ought, if he did not participate in the government by paying taxes or performing militia duty, to be a man who was a householder with some of the elements of stability, with something at stake in the community. Although they had reached "the verge of universal suffrage," he could not with his Democratic friends take 68 MARTIN VAN BUREN. the " one step beyond ; " he would not cheapen the in valuable right by conferring it with undiscriminating hand " on every one, black or white, who would be kind enough to condescend to accept it." Though a Democrat he was opposed, he said, to a " precipitate and unex pected prostration of all qualifications ; " he looked with dread upon increasing the voters in New York city from thirteen or fourteen thousand to twenty-five thousand, believing (curious prediction for a father of the Demo cratic party !) that the increase " would render their elec tions rather a curse than a blessing," and " would drive from the polls all sober-minded people." The universal suffrage then postponed was wisely adopted a few years later. Democracy marched steadily on ; and Van Buren was willing, probably very willing, to be guided by experience. He opposed in the conven tion a proposal supported by most of his party to restrict suffrage to white citizens, but favored a property quali fication for black men, the $250 freehold ownership until then required of white voters. He would not, he said, draw from them a revenue and yet deny them the right of suffrage. Twenty-five years later, in 1846, nearly three-fourths of the voters of the state refused equal suffrage to the blacks ; and even in 1869, six years after the emancipation proclamation, a majority still refused to give them the same rights as white men. The question of appointments to office was the chief topic in the convention. Van Buren, as chairman of the committee on this subject, made an interesting and able report. It was unanimously agreed that the use of patronage by the council of appointment had been a scandal. Only a few members voted to retain the coun cil, even if it were to be elected by the people. He CONSTITUTIONAL CONVENTION. 69 recommended that military officers, except the highest, be elected by the privates and officers of militia. Of the 6,663 civil officers whose appointment and removal by the council had for twenty years kept the state in turmoil, he recommended that 3,643, being notaries, commissioners, masters and examiners in chancery, and other lesser officers, should be appointed under general laws to be enacted by the legislature ; the clerks of courts and district attorneys should be appointed by the common pleas courts ; mayors and clerks of cities should be appointed by their common councils, except in New York, where for years afterwards the mayors were appointed ; the heads of the state departments should be appointed by the legislature ; and all other officers, including surrogates and justices of the peace as well as the greater judicial officers, should be ap pointed by the governor upon the confirmation of the senate. Van Buren declared himself opposed, here again separating himself from many of his party associ ates, to the popular election of any judicial officers, even the justices of the peace. Of all this he was long after to be reminded as proof of his aristocratic contempt for democracy. His recommendations were adopted in the main ; although county clerks and sheriffs, whom he would have kept appointive, were made elective. Upon this question he was in a small minority with Chancellor Kent and Rufus King, having most of his party friends against him. Thus was broken up the enormous politi cal power so long wielded at Albany, and the patronage distributed through the counties. The change, it was supposed, would end a great abuse. It did end the concentration of patronage at the capital ; but the par tisan abuses of patronage were simply transferred to 70 MARTIN VAN BUREN. the various county seats, to exercise a different and wider, though probably a less dangerous, corruption. The council of revision fell with hardly a friend to speak for it. It was one of those checks upon popular power of which Federalists had been fond. It con sisted of the governor with the chancellor and the judges of the supreme court, and had a veto power upon bills passed by the legislature. As the chancellor and judges held office during good behavior until they had reached the limit of age, the council was almost a small chamber of life peers. The exercise of its power had provoked great animosity. The chief judicial officers of the state, judges, and chancellors, to whom men of our day look back with a real veneration, had been drawn by it into a kind of political warfare, in which few of our higher magistrates, though popularly elected and for terms, would dare to engage. An act had been passed by the legislature in 1814 to promote privateering • but Chan cellor Kent as a member of the council objected to it. Van Buren maintained with him an open and heated discussion upon the propriety of the objections, — a dis cussion in which the judicial character justly enough afforded no protection. Van Buren's feeling against the judges who were his political adversaries was often exhibited. He said in the convention : " I object to the council, as being composed of the judiciary, who are not directly responsible to the people. I object to it be cause it inevitably connects the judiciary — those who, with pure hearts and sound heads, should preside in the sanctuaries of justice — with the intrigues and collisions of party strife ; because it tends to make our judges politicians, and because such has been its practical effect." He further said that he would not join in CONSTITUTIONAL CONVENTION. 71 the rather courtly observation that the councd was abolished because of a personal regard for the peace of its members. He would have it expressly remembered that the council had served the ends of faction ; though he added that he should regard the loss of Chancellor Kent from his judicial station as a public calamity. In his general position Van Buren was clearly right. Again and again have theorists, supposing judges to be sanctified and illumined by their offices, placed in their hands political power, which had been abused, or it was feared would be abused, by men fancied to occupy less exalted stations. Again and again has the result shown that judges are only men, with human passions, preju dices, and ignorance ; men who, if vested with functions not judicial, if freed from the checks of precedents and law and public hearings and appellate review, fall into the same abuses and act on the same motives, political and personal, which belong to other men. In the coun cil of revision before 1821 and the electoral commission of 1877 were signally proved the wisdom of restricting judges to the work of deciding rights between parties judicially brought before them. Van Buren's far from " non-committal " talk about the judges was not followed by any support of the pro posal, in the horrid expression of the time, to " constitu- tionize " them out of office. The animosity of a major ity of the members against the judges then in office was intense ; and they were not willing to accept the hfe of the council of revision as a sufficient sacrifice. Nor was the animosity entirely unreasonable. Butler, in one of his early letters to Jesse Hoyt, described the auster ity with which Ambrose Spencer, the chief justice, when the young lawyer sought to address him, told him to 72 MARTIN VAN BUREN. wait until his seniors had been heard. In the conven tion there were doubtless many who had been offended with a certain insolence of place whicli to this day characterizes the bearing of many judges of real ability ; and the opportunity of making repayment was eagerly seized. Nor was it unreasonable that laymen should, from the proceedings of judges when acting upon polit ical matters which laymen understood as well as they, make inferences about the fairness of their proceedings on the bench upon which laymen could not always safely speak. By a vote of 66 to 39, the convention re fused to retain the judges then in office, — a proceeding which, with all the faults justly or even naturally found with them, was a gross violation of the fundamental rule whicli ought to guide civilized lands in changing their laws. For the retention of the judges was per fectly consistent with the judicial scheme adopted. Van Buren put all this most admirably before voting with the minority. He told the convention, and doubtless truly, that from the bench of judges, whose official fate was then at their mercy, he had been assailed " with hostility, political, professional, and personal, — hostility which had been the most keen, active, and unyielding ; " but that he would not indulge individual resentment in the prostration of his private and political adversary. The judicial officer, who could not be reached by im peachment or the proceeding for removal by a two- thirds vote, ought not to be disturbed. They should amend the constitution, he told the convention, upon general principles, and not descend to pull down obnox ious officers. He begged it not to ruin its character and credit by proceeding to such extremities. But the re moval of the judges did not prove unpopular. Only CONSTITUTIONAL CONVENTION. 73 eight members of the convention voted against the con stitution ; only fifteen others did not sign it. And the freeholders of the state, while deliberately surrendering some of their exclusive privileges, adopted it by a vote of 75,422 to 41,497. Van Buren's service in this convention was that of a firm, sensible, far-seeing man, resolute to make demo cratic progress, but unwilling, without further light from experience, to take extreme steps difficult to retrace. With a strong inclination towards great enlargement of the suffrage, he pointed out that a mistake in going too far could never be righted " except by the sword." The wisdom of enduring temporary difficulties, rather than to make theoretical changes greater than were necessary to obviate serious and great wrongs, was common to him with the highest and most influential type of modern law-makers. With some men of the first rank, the convention had in it very many others crudely equipped for its work ; and it met in an atmos phere of personal and political asperity unfavorable to deliberations over organic law. Van Buren was politi cally its most powerful member. It is clear that his always conservative temper, aided by his tact and by his temperate and persuasive eloquence, held back his Democratic associates, headed by the impetuous and angered General Root, from changes far more radical than those which were made. He showed on this con spicuous field, and while eminent as a party man, un doubted courage and independence and high sense of duty. Entering national politics he was fortunate there fore to be known, not only as a skillful and adroit and even managing politician, as a vigorous and clear debater, as a successful leader in popular movements, 74 MARTIN VAN BUREN. but also as a man of firm and upright patriotism, with a ripe and educated sense of the complexity of popular government, and a sober appreciation of the kind of dangers so subtly mingled with the blessings of democ racy. CHAPTER IV. UNITED STATES SENATOR. — REESTABLISHMENT OF PARTIES. PARTY LEADERSHIP. In December, 1821, Van Buren took his seat in the United States senate. The "era of good feeling" was then at its height. It was with perfect sincerity that Monroe in his message of the preceding year had said : " I see much cause to rejoice in the felicity of our situa tion." He had just been reelected president with but a single vote against him. The country was in profound peace. The burdens of the war with England were no longer felt ; and its few victories were remembered with exuberant good-nature. Two years before, Florida had been acquired by the strong and persisting hand of the younger Adams. Wealth and comfort were in rapid increase. The moans and rage of the defeated and disgraced Federalists were suppressed, or, if now and then feebly heard, were complacently treated as out bursts of senility and impotence. People were not only well-to-do in fact, but, what was far more extraordinary, they believed themselves to be so. In his great tariff speech but three or four years later, Hayne called it the "period of general jubilee." Every great public paper and speech described the " felicity " of America. The president pointed out to his fellow-citizens "the pros perous and happy condition of our country in all the great circumstances which constitute the felicity of a 76 MARTIN VAN BUREN nation ; " he boldly admonished them that they were " a free, virtuous, and enlightened people;" the unanimity of public sentiment in favor of his " humble preten sions " indicated, he thought, "the great strength and stability of our Union." And all was reciprocated by the people. This modest, gentle ruler was in his very mediocrity agreeable to them. He symbolized the com fort and order, the supreme respectability of which they were proud. When in 1817 he made a tour through New England, which had seen neither Jefferson nor Madison as visitors during their terms of office, and in his military coat of domestic manufacture, his light small-clothes and cocked hat, met processions and ora tors without end, it was obvious that this was not the radical minister whom Washington had recalled from Jacobin Paris for effusively pledging eternal friendship and submitting to fraternal embraces in the national convention. Such youthful frenzy was now long past. America was enjoying a great national idyl. Even the Federalists, except of course those who had been too violent or who were still unrepentant, were not utterly shut out from the light of the placid high noon. Jack son had urged Monroe in 1816 " to exterminate that monster called party spirit," and to let some Federalists come to the board. Monroe thought, however, " that the administration should rest strongly on the Republi can party," though meaning to bring all citizens " into the Republican fold as quietly as possible." Party, he declared, was unnecessary to free government ; all should be Republicans. And when Van Buren reached the sprawling, slatternly American capital in 1821, all were Republicans. There were of course personal feuds in this great UNITED STATES SENATOR. 77 political family. Those of New York were the most notorious ; but there were many others. But such rivalries and quarrels were only a proof of the political calm. When families are smugly prosperous they in dulge petty dislikes, which disappear before storm or tragedy. The halcyon days could not last. Monroe's dream of a country with but one party, and that basking in perpetual " felicity," was, in spite of what seemed for the moment a close realization, as far from the truth as the dreams of later reformers who would in politics organize all the honest, respectable folk together against all the dishonest. The heat of the Missouri question was ended at the session before Van Buren's senatorial term began. It seemed only a thunder-storm passing across a rich, warm day in harvest time, angry and agitating for the moment, but quickly forgotten by dwellers in the pastoral scene when the rainbow of compromise appeared in the de lightful hues of Henry Clay's eloquence. The elements of the tremendous struggle yet to come were in the atmosphere, but they were not visible. The slavery question had no political importance to Van Buren until fourteen years afterwards. In judging the men of that day we shall seriously mistake if we set up our own standards among their ideas. The moral growth in the twenty-five years since the emancipation makes it irksome to be fair to the views of the past generation, or indeed to the former views of half of our present generation. Slavery has come to seem intrinsically wicked, hideous, to be hated everywhere. But sixty- five years ago it still lingered in several of the north ern states. It was wrong indeed ; but the temper of condemnation towards it was Platonic, full of the un- 78 MARTIN VAN BUREN. availing and unpoignant regret with which men hear of poverty and starvation and disease and crime which they do not see and which they cannot help. Nor did slavery then seem to the best of men so very great a wrong even to the blacks ; there were, it was thought, many ameliorations and compensations. Men were glad to believe and did believe that the human chattels were better and happier than they would have been in Africa. The economic waste of slavery, its corrupting and enervating effect upon the whites, were thought to be objections quite as serious. Besides, it was widely fancied to be at worst but a temporary evil. Jefferson's dislike of it was shared by many through the South as well as the North. The advantages of a free soil were becoming so apparent in the strides by which the North was passing the South in every material advantage, that the latter, it seemed, must surely learn the lesson. For the institution within states already admitted to the Union, anti-slavery men felt no responsibility. Forty years later the great leader of the modern Republican party would not, he solemnly declared in the very midst of a pro-slavery rebellion, interfere with slavery in the states if the Union could be saved without disturbing it. If men in South Carolina cared to maintain a ruinous and corrupting domestic institution, even if it were a greater wrong against the slaves than it was believed to be, or even if it were an injury to the whites themselves, still men of Massachusetts and New York ought, it seemed to them, to be no more disturbed over it than we feel bound to be over polygamy in Turkey. But as to the territory west of the Mississippi not yet formed into states, there was a different sentiment held by a great majority at the North and by many at the South. THE MISSOURI QUESTION. 79" Slavery was not established there. The land was national domain, whose forms of political and social life were yet to be set up. Why not, before the embarrass ments of slave settlement arose, devote this new land to freedom, not so much to freedom as that shining god dess of mercy and right and justice who rose clear and obvious to our purged vision out of the civil war, as to the less noble deities of economic wellbeing, thrift, and industrial comfort ? Democrats at the North, there fore, were almost unanimous that Missouri should come in free or not at all ; and so with the rest of the terri tory beyond the Mississippi, except the old slave settle ment of Louisiana, already admitted as a state. The resolution in the legislature of New York in January, 1820, supported by Van Buren, that freedom be " an indispensable condition of admission " of new states, was but one of many exhibitions of feeling at the North. Monroe and the very best of Americans did not, how ever, think the principle so sacred or necessary as to justify a struggle. John Quincy Adams, hating slavery as did but few Americans, distinctly favored the com promise by which Missouri came in with slavery, and by which the other new territory north of the present southern line of Missouri extended westward was to be free, and the territory south of it slave. With no shame he acquiesced in the very thing about which forty years later the nation plunged into war. " For the present," he wrote, " this contest is laid asleep." So the flood of peaceful sunshine and prosperity returned over the land. Van Buren's views at this time were doubtless clear against the extension of slavery. He disliked the in stitution ; and in part saw how inconsistent were its odious practices with the best civic growth, how de- 80 MARTIN VAN BUREN. basing to whites and blacks alike. In March, 1822, he voted in the senate, with Harrison Gray Otis of Massa chusetts and Rufus King, for a proviso in the bill creat ing the new territory of Florida by which the introduc tion of slaves was forbidden except by citizens removing there for actual settlement, and by which slaves intro duced in violation of the law were to be freed. But he was in a minority. Northern senators from Rhode Is land, New Jersey, and Indiana refused to interfere with free trade in slaves between the southern states and this southernmost territory. Among the forty-eight members of the senate which met in December, 1821, neither Clay nor Calhoun nor Webster had a seat. The first was restless in one of his brief absences from official life ; the second was secretary of war ; and Webster, out of Congress, was making great law arguments and greater orations. Ben ton was there from the new state of Missouri, just begin ning his thirty years. The warm friendship and polit ical alliance between him and Van Buren must have soon begun. During all or nearly all Van Buren's sen- atorship the two occupied adjoining seats. Two years later Andrew Jackson was sent to the senate by Ten nessee, as a suitable preliminary to his presidential can vass. During the next two sessions Van Buren, Benton, and Jackson were thrown together ; and without doubt the foundations were laid of their lifelong intimacy and political affection. Benton and Jackson, personal enemies years before, had become reconciled. Among these associates Van Buren adhered firmly enough to his own clear views ; he did not turn obsequiously to the rising sun of Tennessee. William H. Crawford, the secretary of the treasury, had, in the Republican con- UNITED STATES SENATOR. 81 gressional caucus of 1816, stood next Monroe for the presidential nomination. For reasons which neither history nor tradition seems sufficiently to have brought us, he inspired a strong and even enthusiastic loyalty among many of his party. His candidacy in 1824 was more " regular " than that of either Adams, Jackson, or Clay, whose friends combined against him as the strong est of them all. Though Crawford had been prostrated by serious disease in 1823, Van Buren remained faithful to him until, in 1825, after refusing a seat in Adams's cabinet, the latter retired from national public life a thor oughly broken man.' The first two sessions of Congress, after Van Buren's service began, seem drowsy enough. French land-titles in Louisiana, the settlement of the accounts of public officers, the attempt to abolish imprisonment for debt, the appropriation for money for diplomatic representa tives to the new South American states and their recog nition, — nothing more exciting than these arose, except Monroe's veto, in May, 1822, of the bill authorizing the erection of toll-gates upon the Cumberland road and appropriating $9,000 for them. This brought distinctly before the public the great question of internal improve ments by the federal government, which Van Buren, Benton, and Jackson afterwards chose as one of the chief battle-grounds for their party. For this bfll Van Buren indeed voted, while Benton afterwards boasted that he was one of the small minority of seven who discerned its true character. But this trifling appropriation was declared by Barbour, who was in charge of the measure, not to involve the general question ; it was said to be a mere incident necessary to save from destruction a work for which earlier statesmen were responsible. Monroe, 82 MARTIN VAN BUREN. though declaring in his veto that the power to adopt and execute a system of internal improvements national in their character would have the happiest effect on all the great interests of the Union, decided that the Con stitution gave no such power. Six years later, in a note to his speech upon the power of the vice-president to call to order for words spoken in debate in the senate, Van Buren apologized for his vote on the bill, because it was his first session, and because he was sincerely desirous to aid the western country and had voted with out full examination. He added that if the question were again presented to him, he should vote in the nega tive ; and that it had been his only vote in seven years of service which the most fastidious critic could torture into an inconsistency with his principles upon internal improvements. In January, 1823, during his second session, Van Buren spoke and voted in favor of the bill to repair the road, but still took no decided ground upon the general question. He said that "the large expendi ture already made on the road would have been worse than useless if it were now suffered to decay ; that the road, being already constructed, ought to be preserved ; but whether he would vote for a new construction he did not disclose. Even Benton, who was proud to have been one of the small minority against the bill of the year before for toll-gates upon the road, was now with Van Buren, constitutional scruples yielding to the states manlike reluctance to waste an investment of millions of dollars rather than spend a few thousands to save it. In January, 1824, Van Buren proposed to solve these difficulties by a constitutional amendment. Congress was to have power to make roads and canals, but the money appropriated was to be apportioned among the INTERNAL IMPROVEMENTS. 83 states according to population. No road or canal was to be made within any state without the consent of its legis lature ; and the money was to be expended in each state under the direction of its legislature. This proposal seems to have fallen still-born, and deservedly. It illustrated Van Buren's jealousy of interference with the rights of states. But the right of each state to be protected, he seemed to forget, involved its right not to be taxed for improvements in other states which it neither controlled nor promoted. Van Buren's speech in support of the proposal would to-day seem very heretical to his party. A dozen years later he himself would probably have admitted it to be so. He then believed in the abstract proposition that such funds of the nation as could be raised without oppression, and as were not necessary to the discharge of indispensable demands upon the gov ernment, should be expended upon internal improve ments under restrictions guarding the sovereignty and equal interests of the states. Henry Clay would not in theory have gone much further. But to this subject in its national aspect Van Buren had probably given but slight attention. The success of the Erie Canal, with him doubtless as with others, made adverse theories of government seem less impressive. But Van Buren and his school quickly became doubtful and soon hostile to the federal promotion of internal improvements. The opposition became popular on the broader reasoning that great expenditures for internal improvements within the states were not only, as the statesmen at first argued, violations of the letter of the Constitution, whose sanctity could, however, be saved by proper amendment, but were intrinsically dangerous, and an unwholesome extension of the federal power which ought not to take 84 MARTIN VAN BUREN. place whether within the Constitution or by amending it. Aided by Jackson's powerful vetoes, this sentiment gained a strength with the people which has come down to our day. We have river and harbor bills, but they are supposed to touch directly or indirectly our foreign commerce, which, under the Constitution and upon the essential theory of our confederation, is a subject proper to the care of the Union. In the same session Van Buren spoke at length in favor of the bill to abolish imprisonment for debt, and drew with precision the distinction wisely established by modern jurisprudence, that the property only, and not the body of the debtor, should be at the mercy of his creditor, where the debt involved no fraud or breach of trust. The session of 1823-1824 was seriously influenced by the coming presidential election. The protective tariff of 1824 was christened with the absurd name of the " American system," though it was American in no other or better sense than foreign war to protect fancied national rights is an American system, and though the system had come from the middle ages in the company of other restrictions upon the intercourse of nations. It was carried by the factitious help of this designation and the fine leadership of Clay. With Jackson and Benton, Van Buren voted for it, against men differing as widely from each other as his associate, the venerable Feder alist Rufus King, differed from Hayne, the brilliant orator of South Carolina. Upon the tariff Van Buren then had views clearer, at least, than upon internal im provements. In 1824 he was unmistakably a protec tionist. The moderation of his views and the pressure from his own state were afterwards set up as defenses TARIFF OF 1824. 85 for this early attitude of his. But he declared himself with sufficient plainness not only to believe in the con stitutionality of a protective tariff, but that 1824 was a fit year in which to extend its protective features. He acted, too, with the amplest light upon the subject. The dislike of the Holy Alliance, the hated recollections of the Orders in Council and the Napoleonic decrees, the idea that, for self-defense in times of war, the coun try must be forced to produce many goods not already produced, — these considerations had great weight, as very well appears in the speech for the bill delivered by Richard M. Johnson of Kentucky, afterwards Van Bu ren's associate on the presidential ticket. " When the monarchs of Europe are assembled together, do you think," he asked, " that we are not a subject of their holy consultations ? " But the support of the bill was upon broader considerations. The debates upon the tariff in the house of representatives in February, March, and April, and in the senate in AprU, 1824, were admirable presentations of the subject. Webster in the house and Hayne in the senate put the free trade side. The former, still speaking his own senti ments, declared that " the best apology for laws of pro hibition and laws of monopoly will be found in that state of society, not only unenlightened but sluggish, in which they are most generally established." But now, he said, " competition comes in place of monopoly, and intelligence and industry ask only for fair play and an open field." He repudiated the principle of protec tion. " On the contrary," said he, " I think freedom of trade to be the general principle, and restriction the exception." Nor was Van Buren then left without the light which 86 MARTIN VAN BUREN. afterwards reached him on the constitutional question. Rufus King said that, if gentlemen wished to encourage the production of hemp and iron, they ought to bring in a bill to give bounties on those articles ; for there was the same constitutional right to grant bounties as to levy restrictive duties upon foreign products. Hayne made the really eloquent and masterly speech for which he ought to stand in the first rank of orators, and which summed up as well for free-traders now as then the most telling arguments against artificial restrictions. He skillfully closed with Washington's words : " Our commercial policy should hold an equal and impartial hand, neither seeking nor granting exclusive favors or preferences ; consulting the natural course of things ; diffusing and diversifying by gentle means the streams of commerce, but forcing nothing." Hayne did not confine himself to the doctrines of Adam Smith, or the hardships which protection meant to a planting region like his own. For the chief interest of the South was in cotton ; and the price of cotton was largely deter mined by the ability of foreigners to import it from America, — an ability in its turn dependent upon the willingness of America to take her pay, directly or indi rectly, in foreign commodities. Hayne, however, went further. He clearly raised the question, whether the encouragement of manufactures could constitutionally be made a federal object. Sitting day after day under this long debate in the little senate chamber then in use, where men listened to speeches, if for no other reason, because they were easily heard, Van Buren could not, with his ability and readiness, have misunderstood the general principles involved. Early in the debate, upon a motion to strike TARIFF OF 1824. 87 out the duty on hemp, he briefly but explicitly said that " he was in favor of increasing the duty on hemp, with a view of affording protection to its cultivation in this country." He voted against limiting the duty on wool to twenty-five per cent., but voted against a duty of twenty-five per cent, on India silks, — a revenue rather than a protective duty. He voted for duties on wheat and wheat-flour and potatoes. He voted against strik ing out the duty on books, in spite of Hayne's grotesque but forcible argument that they were to be considered " a raw material, essential to the formation of the mind, the morals, and the character of the people." It is dif ficult to understand the significance of all Van Buren's votes on the items of the bill ; but the record shows them to have been, on the whole, protectionist, with a preference for moderate rates, but a firm assertion of the wool interests of New York. Benton tells us that Van Buren was one of the main speakers for the bill ; but the assertion is not borne out by the record. He delivered no general speech upon the subject, as did most of the senators, but seems to have spoken only upon some of the details as they were considered in committee of the whole. The best to be said is, that Van Buren's judgment was not yet so ripe upon the matter as not to be still open to great change. He was in his third session, and still new to national politics, and there was before him the plain and strong argu ment that his state wanted protection. In 1835 But ler, speaking for him as a presidential candidate, said that his personal feelings had been " at all times adverse to the high tariff policy." But " high tariff " was then, as now, a merely relative term. His votes placed him in that year very near Henry Clay. That from 1824 88 MARTIN VAN BUREN. he grew more and more averse to the necessary details and results of a protective policy is probably true. Nor ought it to be, even from the standpoint of free-traders, serious accusation that a public man varies his political utterances upon the tariff question, if the variation be progressive and steadily towards what they deem a greater liberality. To Van Buren, however, the tariff question never had a capital importance. Even thirty- two years later, while rehearsing from his retirement the achievements of his party in excuse of the support he reluctantly gave Buchanan, he did not name among its services its insistence upon merely revenue duties, al though he had then for years been himself committed to that doctrine. Van Buren's vote for the tariff of 1824 had no very direct relation to his political situation. His own suc cessor was not to be chosen for nearly three years. Crawford, whom he supported for the presidency, was the only one of the four candidates opposed to the bill. Adams was consistently a protectionist ; he believed in actively promoting the welfare of men, though chiefly if not exclusively American men, even when they resisted their own welfare. He, like his father, was perfectly ready to use the power of government where it seem ingly promised to be effective, without caring much for economical theories or constitutional restrictions. Jack son himself was far enough away from the ranks of strict constructionists on the tariff. In April, 1824, in the midst of the debate, and while a presidential can didate, he wrote from the senate what free-traders, who afterwards supported him, would have deemed the worst of heresies. Like most candidates, ancient and modern, he was " in favor of a judicious examination and revi- UNITED STATES SENATOR. 89 sion of " the tariff. He would advocate a tariff so far as it enabled the country to provide itself with the means of defense in war. But he would go further. The tariff ought to •' draw from agriculture the super abundant labor, and employ it in mechanism and man ufactures ; " it ought to " give a proper distribution to our labor, to take from agriculture in the United States 600,000 men, women, and children." It is time, he cried, and quite as extravagantly as Clay, that " we should become a little more Americanized." How slight a connection the tariff had with the election of 1824 is further seen in the fact that Jackson, who thus supported the bill, received the vote of several of the states which strongly opposed the tariff. In March, 1824, Van Buren urged the senate to act upon a constitutional amendment touching the election of president. As the amendment could not be adopted in time to affect the pending canvass, there was, he said, no room for partisan feeling. He insisted that if there were no majority choice by the electors, the choice should not rest with the house of representatives voting by states, but that the electors should be reconvened, and themselves choose between the highest two candi dates. The debate soon became thoroughly partisan. Rufus King, with but thinly veiled reference to Craw ford's nomination, denounced the practice by which a caucus at Washington deprived the constitutional elec tors of any free choice; members of Congress were at tending to president-making rather than to their duties. He thought that the course of events had " led near observers to suspect a connection existing between a central power of this description at the seat of the gen eral government and the legislatures of Georgia, North 90 MARTIN VAN BUREN. CaroUna, Virginia, and New York, and perhaps of other states." To this it was pointed out with much force that such a caucus had chosen Jefferson, Madison, and Monroe without scandal or injury; that members of Congress were distinguished and representative persons familiar with national affairs, who might with great advantage respectfully suggest a course of action to their fellow-citizens. Van Buren went keenly to the real point of the belated objection to the system ; it lay in the particular action of the recent caucus. He did not think it worth wiule to consider " those nice distinctions which challenged respect for the proceedings of conven tions of one description and denied it to others; or to detect those still more subtle refinements which regarded meetings of the same character as sometimes proper, and at others destructive of the purity of elections and dan gerous to the liberties of the people." After much talk about the will of the people, the senate by a vote of 30 to 13 postponed the consideration of the amendments until after the election. Benton joined Van Buren in the minority, although they did not agree upon the form of amendment ; but Jackson, perhaps because he was a candidate, did not vote. It was highly probable that there would be embarrass ment in choosing the next president. It was already nearly certain that neither candidate would have a ma jority of the electoral votes. The decision was then, as in our own time, supposed to rest with New York ; and naturally therefore Van Buren's prestige was great, gained, as it had been, in that difficult and opulent political field. His attachment to Crawford was proof against the signs of the latter's decaying strength. Crawford was to him the Republican candidate regu- ELECTION OF 1824. 91 larly chosen, and one agreeable to his party by the vigorous democracy of his sentiments. His opposition to Jefferson's embargo, and his vote for a renewal of the charter of the Bank of the United States, had been forgotten since his warm advocacy of the late war with England. His formal claims to the nomination were great. For he had been in the senate as early as 1807, and its president upon the death of Vice-President Clin ton in 1812 ; afterwards he had been minister to France, and was now secretary of the treasury. In the caucus of 1816 he had nearly as many votes as Monroe ; and those votes were cast for him, it was said, though with out much probability, in spite of his peremptory refusal to compete with Monroe. Moreover, Crawford had a majesty and grace of personal appearance which, with undoubtedly good though not great abilities, had, apart from these details of his career, made him conspicuous in the Republican ranks ; and in its chief service he was, after the retirement of Monroe, the senior, except Adams, whose candidacy was far more recent. Craw ford's claim to the succession was therefore very justifi able; he was the most obvious, the most "regular," of the candidates. It has been said that Van Buren was at first inclined to Adams. The latter's unequaled public experience and discipline of intellect doubtless seemed, to Van Buren's precise and orderly mind, eminent qualifications for the first office in the land. Adams at this time, by a coincidence not inexplicable, thought highly of Van Buren. He entered in his diary a remark of his own, in February, 1825, that Van Buren was " a man of great talents and of good principles; but he had suffered them to be too much warped by party spirit." This 92 MARTIN VAN BUREN. from an Adams may be taken as extreme praise. It is pretty certain that if Van Buren had reprehensibly shifted his position from Adams to Crawford, we should find a record of it in the vast treasure-house of damna tions which Adams left. Nor is there good reason to suppose that Van Buren was influenced by tlie nomina tion whicli Crawford's friends in Georgia gave him in 1824 for the vice-presidency. This showed that New York had already surrendered her favorite " son to the nation ; " he was now definitely to be counted a power in national politics, where he was known as the " Al bany director." Crawford's enemies in Georgia, the Clarkites, ridiculed this nomination with the coarse and silly abuse which active politicians to this day are al ways ready to use in their cynical under-estimate of popular intelligence, — abuse which they are by and by pretty sure to be glad to forget. Van Buren was pic tured as half man and half cat, half fox and half monkey, half snake and half mink. He was dubbed " Blue Whiskey Van " and " Little Van." The Clarkites, being only a minority in the Georgia assembly, delighted to vote for him as their standing candidate for door keeper and the like humbler positions. New York was greatly disturbed through 1824 over the presidency. Its politics were in tlie position de scribed by Senator Cobb, one of Crawford's Georgia supporters. " Could we hit upon a few great principles," he wrote home from Washington in January, 1825, " and unite their support with that of Crawford, we should succeed beyond doubt." But the great princi ples were hard to find. The people and tlie greater politicians were therefore swayed by personal prefer ences, without strong reason for either choice ; and the ELECTION OF 1824. 93 lesser politicians were simply watching to see how the tide ran. Adams was the most natural choice of the New York Republicans. The South had had the presi dency for six terms. His early secession from the Federalists ; his aid in solidifying the Republican sen timent at the North ; his support of Jefferson in the patriotic embargo struggle ; his long, eminent, and fruit ful services ; and his place of secretary of state, from which Madison and Monroe had in turn been promoted to the presidency, — all these commended him to north ern Republicans as a proper candidate. De Witt Clinton admired and supported General Jack son. In 1819 the latter had at a dinner in Tammany Hall amazed and affronted the former's Bucktail ene mies by giving as his toast, " De Witt Clinton, the en lightened statesman and governor of the great and patriotic state of New York." In January, 1824, Clinton was the victim of a political outrage which illustrated the harsh partisanship then ruling in New York politics, and may well have determined the choice of president. Clinton had retired from the governor's chair ; but he still held the honorary and unpaid office of canal com missioner, to which he brought distinguished honor but which brought none to him, and whose importance he more than any other man had created. The Crawford men in the legislature feared a combination of the men of the new People's Party with the Clintonians on the presidential question. Clinton seemed at the time an unpopular character. To embarrass the People's Party, Crawford's enemies suddenly, and just before the rising of the legislature, offered a resolution removing him from the canal commissionership. The People's Party, it was thought, by opposing the resolution, would incur 94 MARTIN VAN BUREN. popular dislike through their alliance with the few and unpopular Clintonians ; while by supporting the resolu tion they would forfeit the support of the latter upon which they relied. In either case the Crawford men would apparently profit by the trick. The People's Party men, including those favoring Adams for presi dent, at once seized the wrong horn of the dilemma, and voted for Clinton's removal, which was thus carried by an almost unanimous vote. But the people themselves were underrated ; the outrage promptly restored Clinton to popular favor. In spite of the resistance of the poli ticians, he was, in the fall of 1824, elected by a large majority to the governor's seat, to which, or to any great office, it had been supposed he could never return ; al though at the same time and upon the same ticket one of those who had voted for his removal was chosen lieutenant-governor. Van Buren was no party to this removal, although his political friends at Albany were the first movers in the scheme. He himself was far- sighted enough to see the probable effect of so gross and indecent a use of political power. Nor was he so relent less a partisan as to remember in unfruitful vengeance Clinton's own proscriptive conduct, or to remove the latter from an honorary seat which belonged to him above all other men. By this silly blunder Clinton was again raised to deserved power, which he held until his death. The popular outburst consequent upon Clinton's re moval in January, 1824, made it very dangerous for the Bucktails to leave to the people in the fall the choice of presidential electors. The rise of the People's Party for a time seriously threatened Van Buren's influence. Until 1824 the presidential electors of New York had THE ALBANY REGENCY. 95 been chosen by its legislature. The opponents of Craw ford and Van Buren, fearing that the latter 's superior political skill would more easily capture the legislature in November, 1824, raised at the legislative elections of 1823 a cry against the Albany Regency, and demanded that presidential electors should be chosen directly by the people. The Regency, popularly believed to have been founded by Van Buren, consisted of a few able follow ers of his, residing or in office at Albany. They were also called the " conspirators." Chief among them were William L. Marcy, the comptroller ; Samuel A. Tal- cott, the attorney-general ; Benjamin F. Butler, then district attorney of Albany county ; Edwin Croswell, the state printer ; Roger Skinner, the United States district judge ; and Benjamin Knower, the state treas urer. Later there joined the Regency, Silas Wright, Azariah C. Flagg, Thomas W. Olcott, and Charles E. Dudley. Its members were active, skillful, shrewd pol iticians ; and they were much more. They were men of strong political convictions, holding and observing a high standard for the public service, and of undoubted personal integrity. In 1830 John A. Dix gave as a chief reason for accepting office at Albany that he should there be " one of the Regency." His son, Dr. Morgan Dix, describes their aggressive honesty, their refusal " to tolerate in those whom they could control what their own fine sense of honor did not approve ; " and he quotes a remark made to him by Thurlow Weed, their long and most formidable enemy, " that he had never known a body of men who possessed so much power and used it so well." In his Memoirs, Weed describes their " great ability, great industry, indomita ble courage." Two at least of the original members, 96 MARTIN VAN BUREN. Marcy and Butler, afterwards justly rose to national distinction. Even to our own day, the Albany Regency has been a strong and generally a sagacious influence in its party. John A. Dix, Horatio Seymour, Dean Rich mond, and Samuel J. Tilden long directed its policy ; and from the chief seat in its councils the late secretary of the treasury, Daniel Manning, was chosen in 1885. In November, 1823, the People's Party elected only a minority of the legislature ; but many of the Democrats were committed to the support of an electoral law, and the movement was clearly popular. A just, though possibly an insufficient objection to the law was its pro posal of a great change in anticipation of a particular election whose candidates were already before the pub lic. But there was no resort to frank argument. Its indirect defeat was proposed by the Democratic man agers, and accomplished with the cooperation of many supporters of Adams and Clay. A bill was reported in the assembly, where the Regency was in a minority, giving the choice of the electors to the people directly, but cunningly requiring a majority instead of a plu rality vote to elect. If there were no majority, then the choice was to be left to the legislature. The Adams and Clay men were unwilling to let a plurality elect, lest in the uncertain state of public feeling some other can didate might be at the head of the poll ; and they were probably now quite as confident as the Bucktails, and with more reason, of their strength upon joint ballot in the legislature. Divided as the people of New York were between the four presidential candidates, it was well known that this device would really give them no choice. The consideration of the electoral law was postponed in the senate upon a pretense of objection to ELECTION OF 1824. 97 the form of the bill, and with insincere protestations of a desire to pass it. The outcome of all this was that in the election of November, 1824, the Democrats were punished at the polls both for the wanton attack on Clinton and for their unprincipled treatment of the electoral bill. The Regency got no more than a small minority in the legislature ; and De Witt Clinton, as has been said, was chosen governor by a great majority. Crawford's supporters at Washington believed that in a congressional caucus he would have a larger vote than any other candidate. His opponents, in the same belief, refused to join in a caucus, in spite of the cry that their refusal was a treason to old party usage. The Repub licans at Albany, probably upon Van Buren's advice, had in April, 1823, declared in favor of a caucus, but without effect. Two thirds of Congress would not assent. At last in February, 1824, a caucus was called, doubtless in the hope that many who had refused their assent would, finding the caucus inevitable, attend through force of party habit. But of the 261 members of Congress, only 66 attended ; and they were chiefly from New York, Virginia, North Carolina, and Georgia. In the caucus 62 voted for Crawford for president and 57 for Albert Gallatin for vice-president. A cry was soon raised against the latter as a foreigner ; so that in spite of his American residence of forty-five years, and his invalua ble services to the country and to the Republican party through nearly all this period, he felt compelled to with draw. The failure of the caucus almost destroyed Craw ford's chances, though Van Buren steadily kept up courage. A few days later he wrote a confidential let ter complaining of the subserviency and ingratitude of 98 MARTIN VAN BUREN. the non-attendants, who had " partaken largely of the favor of the party ; " but despondency, he said, was a weakness with which he was but little annoyed, and if New York should be firm and promptly explicit, the election would be substantially settled. But New York was neither firm nor promptly explicit. Its electoral vote was in doubt until the meeting of the legislature in November. The Adams and Clay forces then united, securing 31 out of the 36 electors, although one of the 31 seems finally to have voted for Jackson. Five Craw ford electors were chosen with the help of the Adams men, who wished to keep Clay at the foot of the poll of presidential electors, and thus prevent his eligibility as one of the highest three in the house of representatives. This device of the Adams men may have deprived Clay of the presidency. Thus Van Buren's New York cam paign met defeat even in the legislature, where his friends had incurred odium rather than surrender the choice of electors to the people, while his forces were being thor oughly beaten by the people at the polls. In the elec toral college Crawford received only 41 votes ; Adams had 84 and Jackson 99 ; while Clay with only 37 was fourth in the race, and could not therefore enter the con test in the house. Georgia cast 9 electoral votes for Van Buren as vice-president. Van Buren did not figure in the choice of Adams in the house by the coalition of Adams and Clay forces. Nor does his name appear in the traditions of the manceuvering at Washington in the winter of 1824- 1825, except in a vague and improbable story that he wished, by dividing the New York delegation in the house on the first vote by states, to prevent a choice, and then to throw the votes of the Crawford members for UNITED STATES SENATOR. 99 Adams, and thus secure the glory and political profit of apparently electing him. He did not join in the cry that Adams's election over Jackson was a violation of the democratic principle. Nor was it a violation of that principle. Jackson had but a minority of the pop ular vote. Clay was in political principles and habits nearer to Adams than Jackson. It was clearly Clay's duty to take his strength to the candidate whose admin istration was most likely to be agreeable to those opin ions of his own which had made him a candidate. The coalition was perfectly natural and legitimate ; and it was wholesome in its consequences. It established the Whig party ; it at least helped to establish the mod ern Democratic party. That the acceptance of office by Clay would injure him was probable enough. Coa litions have always been unpopular in America and England, when there has seemed to follow a division of offices. They offend the strong belief in party govern ment which hes deep in the political conscience of the ' two countries. In the congressional session of 1824-1825 president- making in the house stood in the way of everything else of importance. Van Buren, with increasing experience, was taking a greater and greater part in congressional work. He joined far more frequently in the debates. Again he spoke for the abolition of imprisonment for debt, his colleague Rufus King differing from him on this as be now seemed to differ from him on most dis puted questions. King had not been reelected senator, having declined to be a candidate, because, as he said, of his advancing years. But doubtless Van Buren was correct in telling John Quincy Adams, and the latter was correct in believing, as his diary records, that King could not have been rechosen. 100 MARTIN VAN BUREN. At this session Van Buren took definite stand against the schemes of internal improvement. On February 11, 1825, differing even from Benton, he voted against topographical surveys in anticipation of public works by the federal government. On February 23d he voted against an appropriation of $150,000 to extend the Cumberland road, while Jackson and Benton both voted for it. So, also, the next day, when Jackson voted for federal subscriptions to help construct the Delaware and Chesapeake Canal and the Dismal Swamp Canal, Van Buren was against him. Two days before the session closed he voted against the bill for the occupation of Oregon, Benton and Jackson voting in the affirmative. Van Buren was one of the senatorial committee to re ceive the new president upon his inauguration. It was doubtless with the easy courtesy which was genuine with him that he welcomed John Quincy Adams to the politi- , cal battle so disastrous to the latter. When Congress met again, in December, 1825, Van n Buren took a more important place than ever before in national politics. He now became a true parliamentary leader ; for he, like Clay, had the really parliamentary career, which has rarely been seen in this country. Dealing with amorphous political elements, Van Buren created out of them a party to promote his policy, and seized upon the vigor and popular strength of Jackson to lead both party and policy to supreme power. While, before 1825, Van Buren had not represented in the senate a party distinctly constituted, from 1825 to 1828 he definitely led the formation of the modern Democratic party. In this work he was^ clearly chief. From the floor of the senate he addressed those of its members inclined to his creed, and the sympathetic elements PARTY LEADERSHIP. 101 throughout the country, and firmly guided and disci plined them after that fashion which in very modern days is best familiar to us in the parliamentary conflicts of Great Britain. Since Van Buren wielded this organ izing power, there has been in America no equally au thoritative and decisive leadership from the senate ; although he has since been surpassed there, not only as an orator, but in other kinds of senatorial work. Seward seemed to exercise a like leadership in the six years or more preceding Lincoln's election ; but he was far more the creature of the stupendous movement of the time than he was its creator. So, in the two years before General Grant's renomination in 1872, Charles Sumner and Carl Schurz, speaking from the senate, created a new party sentiment ; but the sentiment died in a " midsummer madness " but for which our later political history might have been materially different. In the interesting and fruitful three years of Van Buren's senatorial opposi tion, he showed the same qualities of firmness, supple tact, and distinct political aims which had given him his power in New York ; but all now upon a higher plane. In December, 1825, Jackson was no longer in the senate. His Tennessee friends had placed him there as in a fitting vestibule to the White House ; but it seemed as hard then as it has been since, to go from the senate over the apparently broad and easy mile to the west on Pennsylvania Avenue. So Jackson returned to the Hermitage, to await, in the favorite American character of Cincinnatus, the popular summons which he believed to be only delayed. Van Buren, now thoroughly ac quainted with the general, saw in him the strongest titu lar leader of the opposition. It is pretty certain, how ever, that Van Buren's preference was recent. The 102 MARTIN VAN BUREN. " Albany Argus," a Van Buren paper, had but lately declared that " Jackson has not a single feeling in com mon with the Republican party, and makes the merit of desiring the total extinction of it ; " while Jackson pa pers had ridiculed Crawford's " Shallow knaves with forms to mock us, Straggling, one by one, to caucus." It has been the tradition, carefully and doubtless sin cerely begun by John Quincy Adams, and adopted by most writers dealing with this period, that Adams met his first Congress in a spirit which should have com manded universal support ; and that it was a factious opposition, cunningly led by Van Buren, which thwarted his patriotic purposes. But this is an untrue account of the second great party division in the United States. The younger Adams succeeded to an administration which had represented no party, or rather which had represented a party now become so dominant as to practically include the whole country. As president he found himself able to promote opinions with a weighty authority which he had not enjoyed while secretary of state in an era of good feeling, and under a president who was firm, even if gentle. Nor was it likely that Adams, with his unrivalled experience, his resolute self- reliance, and his aggressively patriotic feeling, would fail to impress his own views upon the public service, lest he might disturb a supposititious unanimity of sen timent. His first message boldly sounded the notes of party division. The second war with England was well out'of the public mind ; and his old Federalist as sociations, his belief in a strong, an active, a beneficent federal government, his traditional dislike of what seemed to him extreme democratic tendencies and con- REESTABLISHMEXT OF PARTIES. 103 stitutional refinings away of necessary federal power, — all these made him promptly and ably take an attitude very different from that of his predecessors. The com pliment was perfectly sincere which, in his inaugural address, he had paid the Republican and Federalist parties, saying of them that both had •¦ contributed splendid talents, spotless integrity, ardent patriotism, and disinterested sacrifices to the formation and admin istration " of the government. But it was idle for him to suppose that the successors of these paities. although from both had come his own supporters, and although, as in his offer of the treasury to Crawford, he showed his desire, even in the chief offices, to ignore political differ ences, would remain united under him. if he espoused causes upon which they widely differed. After recapit ulating the tenets of American political faith, and show ing that most discordant elements of pubhc opinion were now blended into harmony, he was again perfectly sincere in saying that only an effort of magnanimity needed to be made, that individuals should discard every remnant of rancor against each other. This ad vice he was himself unable to follow ; and so were other men. In his inaugural he distinctly adopted as his own the policy of internal improvements by the federal gov ernment, although he knew how wide and determined had been the opposition to it. His own late chief. Monroe, had pronounced the policy unconstitutional. But he now told the people that the magnificence and splendor of the pubhc works, the roads and aqueducts, of Rome, were among the imperishable splendors of the ancient republic. He asked to what single individual our first national road had proved an injury. Of the constitutional doubts which were raised, he said, with a 104 MARTIN VAN BUREN. touch of the contempt of a practical administrator : " Every speculative scruple will be solved by a practical blessing." To the self-consecrated guardians of the Constitution this was as corrupt as offers of largesses to plebeians at Rome. In his first message he recom mended again the policy of internal improvements, and proposed the establishment of a national university. Although he admitted the Constitution to be " a charter of limited powers," he still intimated his opinion that its powers might " be effectually brought into action by laws promoting the improvement of agriculture, com merce, and manufactures, the cultivation and encourage ment of the mechanic and of the elegant arts, the ad vancement of literature, and the progress of the sciences, ornamental and profound ; " and that to refrain from exercising these powers for the benefit of the people themselves, would be to hide the talent in the earth, and a " treachery to the most sacred of trusts." Fur ther, he now broached the novel project of the congress at Panama, — a project surely doubtful enough to per mit conscientious opposition. All this was widely different from the contented mes- ^ sages of President Monroe. There was in these new utterances a clear political diversion, marked not less by the brilliant and restless genius of Henry Clay, now the secretary of state, than by the president's consciousness of his own strong and disciplined ability. Here was a new policy formally presented by a new administration ; and a formal and organized resistance was as sure to fol low as effect to follow cause. Van Buren was soon at the head of this inevitable opposition. It is difficult, at least in the records of Congress, to find any evidence jus tifying the long tradition that the opposition was factious THE PANAMA MISSION. 105 or unworthy. It was doubtless a warfare, with its sur prises, its skirmishes, and its pitched battles. Mistakes of the adversary were promptly used. Debates were not had simply to promote the formal business before the house, but rather to reach the listening voters. But all this belongs to parliamentary warfare. Nor is it in consistent with most exalted aims and the most admi rable performance of public business in a free country. The greatest living master in the work of political re form has described himself as an " old parliamentary hand." Nor in the motions, the resolutions, the debates, led by Van Buren during his three years of opposition, can one find any device which Palmerston or Derby or Gladstone in one forum, and Seward and even Adams himself in his last and best years in another, have not used with little punishment from disinterested and en during criticism. Immediately after Adams's inauguration Van Buren voted for Clay's confirmation as secretary of state, while Jackson and fourteen other senators, including Hayne, voted to reject him, upon the unfounded story of Clay's sale of the presidency to Adams for the office to which he was now nominated. Van Buren's language and demeanor towards the new administration were uni formly becoming. He charged political but not per sonal wrong-doing ; he made no insinuation of base motives ; and his opposition throughout was the more forcible for its very decorum. The first great battle between the rapidly dividing forces was over the Panama mission, a creation of Clay's exuberant imagination. The president nomi nated to the senate two envoys to an American congress called by the new South American republics of Colum- 106 MARTIN VAN BUREN. bia, Mexico, and Central America, and in which it was proposed that Peru and Chile also should participate. The congress was to be held at Panama, which, in the extravagant rhetoric of some of the Republicans of the South, would, if the world had to elect a capital, be pointed out for that august destiny, placed as it was " in the centre of the globe." Spain had not yet acknowl edged the independence of her revolted colonies ; and it was clear that the discussions of the congress must be largely concerned with a mutual protection of American nations which implied an attitude hostile to Spain. Adams, in his message nominating the envoys, declared that they were not to take part in deliberations of belli gerent character, or to contract alliances or to engage in any project importing hostility to any other nation. But referring to the Monroe doctrine, Adams said that the mission looked to an agreement between the nations rep resented, that each would guard by its own means against the establishment of any future European colony within its borders ; and it looked also to an effort on the part of the United States to promote religious liberty among those intolerant republics. The decisive inducement, he added, to join in the congress was to lay the foundation of future intercourse with those states " in the broadest principles of reciprocity and the most cordial feelings of fraternal friendship." This was vague enough. But when the diplomatic papers were exhibited, it was plain that the southern re publics proposed a congress looking to a close defensive alliance, a sort of confederacy or Amphictyonic council as Benton described it ; and that it was highly improb able that the representatives from one country could responsibly participate in the congress without most seri- THE PANAMA MISSION. 107 ous danger of incurring obligations; or falling into pre cisely the embarrassments which the well settled policy of the United States had avoided. It was perfectly agreeable to Adams, resolute and aggressive American that he was, that his country should look indulgently upon the smaller American powers, should stand at their head, should counsel them in their difficulties with Euro pean nations, and jealously take their side in those diffi culties. To Clay's eager and enthusiastic mind there was splendid allurement in the picture of a great leader ship of America by the United States, an American sys tem of nations, breathing the air of republicanism, asserting a young and haughty independence of monar chical Europe, and ready for opposition to its schemes. In all this there has been fascination to many American minds, which even in our own day we have seen in fluence American diplomacy. But it was a step into the entangling alliances against which American public opinion had from Washington's day been set. When Adams asked an appropriation for the expenses of the mission, he told the house of representatives that he was hardly sanguine enough to promise " all or even any of the transcendent benefits to the human race which warmed the conceptions of its first proposer," but that it looked " to the melioration of the condition of man ; " that it was congenial with the spirit which prompted our own declaration of independence, which dictated our first treaty with Prussia, and "which filled the hearts and fired the souls of the immortal founders of our revolution." Such fanciful speculation the Republicans, led by Van Buren, opposed with strong and heated protests, in tone not unlike the Liberal protests of 1878 in England 108 MARTIN VAN BUREN. against Disraeli's Jingo policy. In the secret session of the senate Van Buren proposed resolutions against the constitutionality of the mission, reciting that it was a departure from our wise and settled policy ; that, for the conference and discussion contemplated, our envoys al ready accredited to the new republics were competent, without becoming involved as members of the congress. These resolutions, so the president at once wrote in his opulent and invaluable diary, " are the fruit of the in genuity of Martin Van Buren and bear the impress of his character." The mission was, the opposition thus insisted, unconstitutional ; a step enlarging the sphere of the federal government ; a meddlesome and danger ous interference with foreign nations ; and if it lay in the course of a strong and splendid policy, it was still part of a policy full of warlike possibilities almost sure to drag us into old-world quarrels. Clay's " American system," Hayne said in the senatorial debate, meant restriction and monopoly when applied to our domestic policy, and " entangling alliances " when applied to our foreign policy. Van Buren's own speech was very able. He did not touch upon the liberality of the Spanish Americans towards races other than the Caucasian, which peered out of Hayne's speech as one of the southern objections. After using the wise and seemingly pertinent language of Washington against such foreign involvements, Van Buren skillfully referred to the very Prussian treaty which the president had cited in his message to the house. The elder Adams, the senate was reminded, had departed from the rule commended by his great predecessor. He had told his first Congress that we were indeed to keep ourselves distinct and separate THE PANAMA MISSION. 109 from the political system of Europe " if we can," but that we needed early and continual information of po litical projects in contemplation ; that however we might consider ourselves, others would consider us a weight in the balance of power in Europe, which never could be forgotten or neglected ; and that it was natural for us, studying to be neutral, to consult with other nations engaged in the same study. The younger Adams had been, Van Buren pointed out, appointed upon the Berlin mission to carry out these heretical suggestions of his father. The Republicans of that day had vigorously opposed the mission ; and for their opposition were de nounced as a faction, and lampooned and vilified " by all the presses supporting and supported by the govern ment, and a host of malicious parasites generated by its patronage." But, covered with Washington's mantle, the Republicans of '98 had sought to strangle at its birth this political hydra, this first attempt since the establishment of the government to subject our political affairs to the terms and conditions of political connection with a foreign nation. Probably anticipating the suc cess of the administration senators by a majority of five, Van Buren ingeniously reminded the senate that those early Republicans had failed with a majority of four against them. But it was to be remembered, he con tinued, that after a few more such Federalist victories the ruin of Federalism had been complete. Its doc trines had speedily received popular condemnation. The new administration under the presidency of that early minister to Prussia had returned to the practices of the Federalist party, to which Van Buren with cour teous indirection let it be remembered that the president had originally belonged. Except a guaranty to Spain 110 MARTIN VAN BUREN. of its dominions beyond the Mississippi, which Jefferson had offered as part of the price of a cession of the terri tory between that river and the Mobile, the administra tions of Jefferson, Madison, and Monroe had strictly followed the admonition of Washington : " Peace, com merce, and honest friendship with all nations, entangling alliances with none." If we were asked to form a con nection with European states, such as was proposed with the southern republics, Van Buren argued, no American would approve it ; and there was no sound reason, there was nothing but merely fanciful sentiment, to induce us to distinguish between the states of Europe and those of South America. If there were a Holy Alliance in mo narchical Europe, it was a hollow glory, inconsistent with a sober view of American interests, to create a holy alliance in republican America. It might indeed be easy to agree upon speculative opinions with our younger neighbors at the south ; but we should be humiliated in their eyes, and difficulties would at once arise, when means of promoting those opinions were proposed, and we were then to say we could talk but not fight. The Monroe doctrine was not to be withdrawn ; but we ought to be left free to act upon it without the burden of promises, express or implied. The proposed Con gress was a specious and disguised step towards an American confederacy, full of embarrassment, full of danger ; and the first step should be firmly resisted. Such was the outline of Van Buren's argument ; and its wisdom has commanded a general assent from that day. Dickerson of New Jersey very well phrased sound American sentiment when he said in the debate that, next to a passion for war, he dreaded a passion for THE PANAMA MISSION. Ill diplomacy. The majestic declamation of Webster, his pathetic picture of a South America once oppressed but now emancipated, his eloquent cry that if it were weak to feel that he was an American it was a weakness from which he claimed no exemption, — all this met a good deal of exuberant response through the country. But it failed, as in our history most such efforts have failed, to convince the practical judgment of Americans, a judgment never long dazzled or inspired by the pic ture of an America wielding enormous or dominant in ternational power. The Panama congress met in the absence of the American representatives, who had been delayed. It made a treaty of friendship and perpetual confederation to which all other American powers might accede within a year. The congress was to meet annu ally in time of common war, and biennially in times of peace. But it never met again. The " centre of the world " was too far away from its very neighbors. Even South American republics could not be kept to gether by effusions of republican glory and international love. In spite of its victory in Congress, Adams's adminis tration had plainly opened with a serious mistake. The opposition was perfectly legitimate ; and although in the debate it was spoken of as unorganized, it certainly came out of the debate a pretty definite party. Before the debate Adams had written in his diary, and truly, that it was the first subject upon which a great effort had been made " to combine the discordant elements of the Crawford and Jackson and Calhoun men into a united opposition against the administration." Although some of the southern opposition was heated by a dislike of states in which negroes were to be administrators, 112 MARTIN VAN BUREN. the division wras not at all upon a North and South line. With Van Buren voted Findlay of Pennsylvania, Chan dler and Holmes of Maine, Woodbury of New Hamp shire, Dickerson of New Jersey, Kane of Illinois, making seven northern with twelve southern senators. Against Van Buren were eight senators from slave states, Barton of Missouri, Bouligny and Johnston of Louisiana, Cham bers of Alabama, Clayton and Van Dyke of Delaware, Richard M. Johnson of Kentucky, and Smith of Mary land. It was an incipient but a true party division. Throughout this session of 1824-1825 Van Buren was very industrious in the senate, and nearly, if not quite, its most conspicuous member, if account be not taken of Randolph's furious and blazing talents. Calhoun was only in the chair as vice-president ; the great duel be tween him and Van Buren not yet begun. Clay was at the head of the cabinet, and Webster in the lower house. Jackson was in Tennessee, watching with angry confi dence, and aiding the rising tide with the political dexter ity in which he was by no means a novice. Having only a minority with him, and with Benton frequently against him, Van Buren gradually drilled his party into opposi tion on internal improvements, — a most legitimate and important issue. In December, 1825, he threw down the gauntlet to the administration, or rather took up its gauntlet. He proposed a resolution " that Congress does not possess the power to make roads and canals within the respective states." At the same time he asked for a committee to prepare a constitutional amendment on the subject like his earlier proposal, saying with a touch of very polite partisanship that though the president's recent declaration, that the power clearly existed in the Consti tution, might diminish, it did not obviate, the necessity INTERNAL IMPROVEMENTS. 113 of an amendment. In March, April, and May, 1826, he opposed appropriations of $110,000 to continue the Cumberland road, and of $50,000 for surveys prepara tory to roads and canals, and subscriptions to stock of the Louisville and Portland Canal Company and of the Dismal Swamp Canal Company. AU these were dis tinctly administration measures. Although the principles advanced by Van Buren in this part of his opposition have not since obtained com plete and unanimous affirmance, they have at least commanded so large, honorable, and prolonged support, that his attitude can with little good sense be considered one of factious difference. Especially wise was he on the question of government subscriptions to private canal companies. Upon one of these bills he said, in May, 1826, that he did not believe that the government had the constitutional power to make canals or to grant money for them ; but he added that, if he believed other wise, the grant of money should, he thought, be made directly, and not by forming a partnership between the government and a private corporation. In 1824 he had voted for the road from Missouri to New Mexico ; but this stood, as the Pacific railway later stood, upon a different principle, the former as a road entirely without state limits and a means of international commerce, and the latter a road chiefly through federal territories, and of obvious national importance in the war between the North and the South. The proposed amendment of the Constitution to pre vent the election of president by a vote of states in the house of representatives, upon which Van Buren had spoken in 1824, had now acquired new interest. Van Buren seized Adams's election in the house as a good 114 MARTIN VAN BUREN. subject for political warfare ; and it was clearly a legiti mate topic for party discussion and division. Van Buren would have been far more exalted in his notions of political agitation than the greatest of political leaders, had he not sought to use the popular feeling, that the American will had been subverted by the decision of the house, to promote his plan of constitutional reform. He told the senate in May, 1826, that he was satisfied that there was no one point on which the people of the United States were more perfectly united than upon the propriety of taking the choice of president from the house. But Congress was not ready for the change ; however much in theory was to be said against the clumsy system which nearly made Burr president in 1801, x and which produced in 1825 a choice which Adams himself declared that he would vacate if the Con stitution provided a mode of doing it. As chairman of the judiciary committee, Van Buren participated in a most laborious effort to enlarge the federal judiciary. Upon the question whether the judges of the supreme court should be relieved from circuit duty, he made an elaborate and very able speech upon the negative side. The opportunity arose for a disquisition on the danger of centralized government, and for a renewal of the criticisms he had made in the New York constitutional convention upon the common and absurd picture of judges as dwellers in an atmos phere above all human infirmity, and beyond the reach 1 The more conspicuous difficulty in 1801 arose from the voting by each elector for two candidates without distinguishing which he preferred for president and which for vice-president. But the awkwardness and not improbable injustice of a choice by the house was also well illustrated in February, 1801. UNITED STATES SENATOR. 115 of popular impression. Van Buren said, what all sen sible men know, that in spite of every effort, incompe tent men wdl sometimes reach the judicial bench. If always sitting among associates in banc, their incompe tence would be shielded, he said, by their abler brethren. But if regularly compelled to perform their great duties alone and in the direct face of the people, and not in the isolation of Washington, there was another con straint, Van Buren said very democratically and with substantial truth. " There is a power in public opinion in this country," he declared, " and I thank God for it, for it is the most honest and best of all powers, which will not tolerate an incompetent or unworthy man to hold in his weak or wicked hands the lives and fortunes of his fellow-citizens." He added an expression to which he would afterwards have given most narrow interpretation. The supreme court stood, he said, " as the umpire between the conflicting powers of the general and state governments." There was in the speech very plain though courteous intimation of that jealousy with which Van Buren's party examined the political utter ances of the court from Jefferson's time until, years after Van Buren's retirement, the party found it con venient to receive from the court, with a sanctimonious air of veneration, the most odious and demoralizing of all its expressions of political opinion. In arguing for a close and democratic relation between the judges and the different parts of the country, and against their dignified and exalted seclusion at Washington which was so agreeable to many patriotic Americans, Van Buren said, in a passage which is fairly characteristic of his oratorical manner : — " A sentiment I had almost said of idolatry for the 116 MARTIN VAN BUREN. supreme court has grown up, which claims for its mem bers an almost entire exemption from the fallibilities of our nature, and arraigns with unsparing bitterness the motives of all who have the temerity to look with in quisitive eyes into this consecrated sanctuary of the law. So powerful has this sentiment become, such strong hold has it taken upon the press of this country, that it requires not a little share of firmness in a public man, however imperious may be his duty, to express senti ments that conflict with it. It is nevertheless correct, sir, that in this, as in almost every other case, the truth is to be found in a just medium of the subject. To so much of the high-wrought eulogies (which the fashion of the times has recently produced in such great abun dance) as allows to the distinguished men who now hold in their hands that portion of the administration of pub lic affairs, talents of the highest order, and spotless in tegrity, I cheerfully add the very humble testimony of my unqualified assent. That the uncommon man who now presides over the court, and who I hope may long continue to do so, is, in all human probability, the ablest judge now sitting upon any judicial bench in the world, I sincerely believe. But to the sentiment which claims for the judges so great a share of exemption from the feelings that govern the conduct of other men, and for the court the character of being the safest depository of political power, I do not subscribe. I have been brought up in an opposite faith, and all my experience has con firmed me in its correctness. In my legislation upon this subject I will act in conformity to those opinions. I believe the judges of the supreme court (great and good men as I cheerfully concede them to be) are sub ject to the same infirmities, influenced by the same pas- ABUSES OF PATRONAGE. 117 sions, and operated upon by the same causes, that good and great men are in other situations. I believe they have as much of the esprit de corps as other men. Those who think 1 otherwise form an erroneous estimate of human nature ; and if they act upon that estimate, will, soon or late, become sensible of their delusion." At this session, upon the election by the senate of- their temporary president, Van Buren received the com pliment of four votes. In May, 1826, he participated in Benton's report on the reduction of executive patronage, a subject important enough, but there crudely treated. The report strongly exhibited the jealousy of executive power which had long been characteristic of American political thought. By describing the offices within the president's appointment, their numbers and salaries, and the expense of the civil list, a striking picture was drawn, and in that way a striking picture can always be drawn, of the power of any great executive. By imagining serious abuses of power, the picture was darkened with the dangers of patronage, as it could be darkened to day. The country was urged to look forward to the time when public revenue would be doubled, when the number of public officers would be quadrupled, when the president's nomination would carry any man through the senate, and his recommendation any measure through Congi'ess. Names, the report said, were nothing. The first Roman emperor was styled Emperor of the Repub lic ; and the late French emperor had taken a like title. The American president, it was hinted, might by his enormous patronage and by subsidies to the press, nomi nally for official advertisements, subject us to a like 1 Gales and Seaton's Debates in Congress give here the word " act " instead of " think," — but erroneously, I assume. 118 MARTIN VAN BUREN. danger. But the usefulness of such pictures as these of Benton and Van Buren depends upon the practical lesson taught by the artists. If there were disadvan tages and dangers which our ancestors rightly feared, in placing the federal patronage under the sole control of the president, so there are disadvantages and dangers in scattering it by laws into various hands, or in its sub jection to the traditions of " senatorial courtesy." Six bills accompanied the report. Two of them pro posed the appointment of military cadets and midship men, one of each from every congressional district ; and this was afterwards done, giving a petty patronage to national legislators which public sentiment has but re cently begun to compel them to use upon ascertained merit rather than in sheer favoritism. A third bill pro posed that military and naval commissions should run " during good behavior " and not " during the pleasure of the president." A fourth sought with extraordinary unwisdom to correct the old but ever new abuse of government advertising, by depriving the responsible executive of its distribution and by placing it in the hands of congressmen, perhaps the very worst to hold it. Another required senatorial confirmation for post masters whose emoluments exceeded an amount to be fixed. The remaining bill was very wise, and a natural sequence of Benton's not untruthful though too highly colored picture. The law of 1820, which fixed at four years the terms of many subordinate officers, was to be modified so as to limit the terms only for officers who had not satisfactorily accounted for public moneys. It has been commonly said that this act was a device of Crawford, when secretary of the treasury, more easily to use federal patronage for his presidential canvass. But PATRONAGE. 119 there seems to be no sufficient reason to doubt that Ben ton's and Van Buren's committee correctly stated the intent of the authors of the law to have been no more than that the officer should be definitely compelled by the expiration of his term to render his accounts and have them completely audited ; that it was not intended that some other person should succeed an officer not found in fault ; and that the practice of refusing re-com missions to deserving officers was an unexpected perver sion of the law. The committee simply proposed to accomplish the true intent of the law. The same bill required the president to state his reasons for removals of officers when he nominated their successors. The proposals in the last two bills were very creditable to Benton and Van Buren and their coadjutors. It is greatly to be lamented that they were not safely made laws while patronage was dispensed conscientiously and with sincere public spirit by the younger Adams, so far as he could control it. The biographer has more par ticularly to lament that during the twelve years of Van Buren's executive influence he seemed daunted by the difficulties of voluntarily putting in practice the admira ble rules which as a senator he would have imposed by law upon those in executive stations. It was only three years after this report, that the great chieftain, whom Benton and Van Buren helped to the presidency, dis credited all its reasoning by proposing " a general ex tension " of the law whose operation they would have thus limited. The committee also proposed by constitu tional amendment to forbid the appointment to office of any senator or representative until the end of the presi dential term in which he had held his seat. This was also one of the reforms whose necessity seems plain 120 MARTIN VAN BUREN. enough to the reformer, until in office he discovers the conveniences and perhaps the public uses of the practice he has wished to abolish. In the short session of 1826-1827, little of any im portance was done. Van Buren refused to vote with Benton to abolish the duty on salt, a vote doubtless in fluenced by the apparent interest of New York, which itself taxed the production of salt to aid the state in its internal improvements, and which probably could not maintain the tax if foreign salt were admitted free. Van Buren did not, indeed, avow, nor did he disavow this reason. He was content to point out that the great canals of New York were of national use, though their expense was borne by his state alone. He voted at this session for lower duties on teas, coffees, and wines. He did not join Benton and others in their narrow unwill ingness to establish a naval academy. Van Buren's temper was eminently free from raw prejudices against disciplined education. The death of one of the envoys to the Panama congress enabled him again at this ses sion to renew his opposition by a vote against filling the vacancy. Another attempt was made to pass a bank- ' ruptcy bill ; but again it failed through the natural and wholesome dislike of increasing the powers of the fed eral judiciary, and the preference that state courts and laws should perform all the work to which they were reasonably competent. The bill did not even pass the senate, until by Van Buren's opposition it had been re duced to a bill establishing a summary and speedy remedy for creditors against fraudulent or failing trad ers, instead of a general system of bankruptcy, volun tary and involuntary, for all persons. Van Buren's speech against the insolvency features of the bill was UNITED STATES SENATOR. 121 made on January 23, 1827, only a few days before his successor as senator was to be chosen. But the thought less popularity which often accompanies sweeping prop ositions of relief to insolvents did not move him from resolute and successful opposition to what he called (and later experience has most abundantly justified him) " an injurious extension of the patronage of the federal government, and an insupportable enlargement of the range of its judicial power." On February 24, 1827, a few days after his reelection, he delivered a lucid and elaborate speech on the long-perplexing topic of the restrictions upon American trade with the British colo nies, a subject to be afterwards closely connected with his political fortunes. The agitation of the coming presidential election left little of its turbulence upon the records of the long session from December, 1827, to May, 1828. Van Buren was doubtless busy enough out of the senate chamber. But he was still a very busy legislator. He spoke at least twice in favor of the bill to abolish im prisonment under judgments rendered by federal courts for debts not fraudulently incurred, the bill which Rich ard M. Johnson had pressed so long and so honorably; and at last he saw the bill pass in January, 1828. He spoke often upon the technical bill to regulate fed eral judicial process. Again he voted, and again in a minority and in opposition to Benton and other politi cal friends, against bills to extend the Cumberland road and for other internal improvements. Besides the usual bills to appropriate lands for roads and canals, and to subscribe to the stock of private canal companies, a step further was now taken in the constitutional change led by Adams and Clay. Public land was voted for 122 MARTIN VAN BUREN. the benefit of Kenyon College, in the state of Ohio. There was plainly intended to be no limit to federal beneficence. In this session Van Buren again rushed to defend the salt duty so dear to New York. At the same session was passed the " tariff of abomi nations," a measure so called from the oppressive provi sions loaded on it by its enemies, but in spite of which it passed. Van Buren, though he sat still during the debate, cast for the bill a protectionist vote, with Benton and several others whose convictions were against it, but who yielded to the supposed public sentiment or the peremptory instructions of their states, or who did not yet dare to make upon the tariff a presidential issue. The votes of the senators were sectionally thus dis tributed : For the tariff, — New England, 6 ; middle states, 8 ; Louisiana, 1 ; and the western states, 11 ; in all 26. Against it, — New England, 5 ; Maryland, 2 ; southern states, 13 ; and Tennessee, 1. It was a vic tory of neither political party, but of the middle and western over the southern states. Only three negative votes were cast by senators who had voted against the administration on the Panama question in 1826 ; while of the votes for the tariff, fourteen were cast by sena tors who had then opposed the administration. Of the senators in favor of the tariff, six, Van Buren, Benton, Dickerson of New Jersey, Eaton of Tennessee (Jack son's close friend), Kane of Illinois, and Rowan of Kentucky, had in 1826 been in opposition, while ten of those voting against the tariff had then been with them.1 The greater number of the opposition senators were therefore against the tariff, though very certainly the 1 The comparison cannot of course be complete, as some who were senators in 1826 were not senators in 1S28. UNITED STATES SENATOR. 123 votes of Van Buren, Benton, and Eaton prevented the opposition from taking strong ground or suffering in jury on the tariff in the election. Van Buren's silence in this debate of 1828 indicated at least a temper now hesitant. But he and his colleague, Sanford, according to the theory then popular that senators were simply delegated agents of their states, were constrained, what ever were their opinions, by a resolution of the legisla ture of New York passed almost unanimously in Janu- v ary, 1828. It stated a sort of ultima ratio of protec tion, commanding the senators " to make every proper exertion to effect such a revision of the tariff as will afford a sufficient protection to the growers of wool, hemp, and flax, and the manufacturers of iron, woolens, and every other article, so far as the same may be con nected with the interest of manufactures, agriculture, and commerce." The senators might perhaps have said to this that, if they were to protect not only iron and woolens but also every other article, they ought not to levy prohibitory duties on some and not on other arti cles ; that if they were equally to protect manufactures, agriculture, and commerce, they could do no better than to let natural laws alone. But the silly instruction said what no intelligent protectionist means ; his system disappears with an equality of privilege ; that equality must, he argues, at some point yield to practical neces sities. Van Buren took the resolution, however, in its intended meaning, and not literally. Hayne concluded his fine struggle against the bill by a solemn protest upon its passage that it was a partial, unjust, and uncon stitutional measure. At this session Van Buren, upon the consideration of a rule giving the vice-president power to call to order 124 MARTIN VAN BUREN. for words spoken in debate, made perhaps the most elaborate of his purely political speeches. It was a skillful and not unsuccessful effort to give philosophical significance to the coming struggle at the polls. He spoke of "that collision, which seems to be inseparable from the nature of man, between the rights of the few and the many," of "those never-ceasing conflicts be tween the advocates of the enlargement and concentra tion of power on the one hand, and its limitation and distribution on the other." The one party, he said, had '* " grown out of a deep and settled distrust of the people and of the states ; " the other, out of " a jealousy of power justified by all human experience." The advo cates of " a strong government," having been defeated in much that they sought in the federal convention, had since, he said, " been at work to obtain by construction what was not included or intended to be included in the grant." He declared the incorporation of the United States Bank to be the " great pioneer of constitutional encroachments." Thence had followed those famous usurpations, the alien and sedition laws of the older Adams's administration. Then came the doctrine that the house of representatives was bound to make all ap propriations necessary to carry out a treaty made by the president and senate ; and then " the bold avowal that it belonged to the president alone to decide upon the propriety " of a foreign mission, and that it was for the senate only " to pass on the fitness of the individuals selected as ministers." He lamented the single lapse of Madison, " one of the most, if not the most, accomplished statesman that our country has produced," in signing the bill to incorporate the new bank. The younger Adams, Van Buren declared, had " gone far beyond UNITED STATES SENATOR. 125 the utmost latitude of construction " theretofore claimed ; and he added a reference, decorous enough but neither fair nor gracious, to Adams's own early entrance in the public service upon a mission unauthorized by Congress. It was now demonstrated, he said, that the result of the presidential choice of 1825 " was not only the restora tion of the men of 1798, but of the principles of that day." The spirit of encroachment had, it was true, become more wary ; but it was no more honest. The system had then been coercion ; now it was seduction. Then unconstitutional powers had been exercised to force submission ; now they were assumed to purchase golden opinions from the people with their own means. Isolated acts of the Federalists had not produced an un yielding exclusion from the confidence of a majority of the people, for more than a quarter of a century, of large masses of men distinguished for talent and private worth. The great and glorious struggle had proceeded for something deeper, an opposition to the principle of an extension of the constructive powers of the govern ment. Without harsh denunciation, and by suggestion rather than assertion, the administration of John Quincy Adams was grouped with the administration of his father. The earlier administration had deserved and met the retribution of a Republican victory. The later one now deserved and ought soon to meet a like fate. The issue was clearly made. The parties were formed. The result rested with the people. On Feb ruary 6, 1827, Van Buren had been reelected senator by a large majority in both houses of the New York legisla ture. In his brief letter of acceptance he said no more on public questions than that it should be his " constant and zealous endeavor to protect the remaining rights re- 126 MARTIN VAN BUREN. served to the states by the Federal Constitution," and " to restore those of which they have been divested by con struction." This had been the main burden of his politi cal oratory from the inauguration of Adams. There are many references in books to doubts of Van Buren's position until 1827 ; but such doubts are not justified in the face of his prompt and perfectly explicit utter ances in the session of 1825-1826, and from that time steadily on. De Witt Clinton's death on February 11, 1828, re moved from the politics of New York one of its most illustrious men, a statesman of the first rank, able and passionate, and of the noblest aspirations. The under standing reached between him and Van Buren in 1826, for the support of Jackson, had not produced a complete coalition. In spite of the union on Jackson, the Buck- tails nominated and Van Buren loyally supported for governor against Clinton in 1826, William B. Rochester, a warm friend and supporter of Adams and Clay, and one of the members of the very Panama mission against which so strenuous a fight had been made. Clinton was reelected by a small majority. In a meeting at Wash ington after his death, Van Buren declared the triumph of his talents and patriotism to be monuments of high and enduring fame. He was glad that, though in their public careers there had been " collisions of opinions and action at once extensive, earnest, and enduring," they had still been " wholly free from that most venomous and corroding of all poisons, personal hatred." These collisions were now " turned to nothing and less than nothing." Speaking of his respect for Clinton's name and gratitude for his signal services, Van Buren con cluded with this striking tribute : " For myself, so UNITED STATES SENATOR. 127 strong, so sincere, and so engrossing is that feeling, that I, who whilst living, never — no, never, envied him any thing, now that he has fallen, am greatly tempted to envy him his grave with its honors." With this session of 1827-1828 ended Van Buren's senatorial career and his parliamentary leadership. From 1821 to 1828 the senate was not indeed at its greatest glory. Webster entered it only in December, 1827. Hayne and Benton with Van Buren are to us its most distinguished members, if Randolph's rather inde scribable and useless personality may be excepted. But to neither of them has the opinion of later times assigned a place in the first rank of orators, although Hayne's tariff speech in 1824 deserves to be set with the greatest of American political orations. The records and speeches of the senate in which Van Buren sat have come to us with fine print and narrow margins ; they have not con tributed to the collected works of great men. But the senate was then an able body. The principles of Ameri can politics were never more clearly stated. When the books are well dusted, and one has broken through the starched formality in which were set the speakers' phrases, he finds a copious fund of political instruction. The federal senate was more truly a parliamentary body in those formative days than perhaps at any other period. Several at least of its members were in doubt as to the political course they should follow ; they were in doubt where they should find their party associations. To them, debates had therefore a real and present sig nificance. There were some votes to be affected, there were converts to be gained, by speeches even on purely political questions ; there were some senators whose votes were not inexorably determined for them by the 128 MARTIN VAN BUREN. will of their parties or their constituents. Much that was said had therefore a genuine parliamentary ring. The orators really sought to convince and persuade those who heard them within the easy and almost conversa tional limits of the old senate chamber. There was little of the mere pronouncing of essays or declamations in tended to have their real and only effect elsewhere. In this art of true parliamentary speaking rather than ora tory, Van Buren was a master such as Lord Palmerston afterwards became. He was not eloquent. His speeches, so far as they are preserved, interest the student of po litical history and not of literature. They are sensible, clear, practical arguments made in rather finished sen tences. One does not find quotations from them in books of school declamation. But they served far more effect ively the primary end of parliamentary speaking than did the elaborate and powerful disquisitions of Calhoun, or the more splendid flood of Webster's eloquence. Van Buren's speeches were intended to convince some of the men in the seats about him, and they did convince. They were meant to persuade, and they did persuade. They were lucid exhibitions of political principles, gen erally practical, and touched sufficiently but not morbidly with the theoretical fears so common to our earlier poli tics. Some of those fears have since been shown to be groundless ; but out of many of them has come much that is best in the modern temper of American political institutions. Van Buren's speeches did not rise beyond the reach of popular understanding, although they never warmly touched popular sympathy. They were intended to formulate and spread a political faith in which he plainly saw that there was the material of a party, — a faith founded upon the jealousy of federal activity, how- UNITED STATES SENATOR. 129 ever beneficent, which sought to avoid state control or encourage state dependence. The prolixity which was a grave fault of his state papers and political letters was far less exhibited in his oratorical efforts. His style was generally easy and vigorous, with little of the turgid learning which loaded down many sensible speeches of the time. Now and then, however, he resorted to the sentences of stilted formality which sometimes overtake a good public speaker, as a good actor sometimes lapses into the stage strut. In Van Buren's senatorial speeches there is nothing to justify the charge of " non-committalism " so much made against him. When he spoke at all he spoke explicitly ; and he plainly, though without acerbity, exhibited his likes and dislikes. Jackson was struck with this when he sat in the senate with him. " I had heard a great deal about Mr. Van Buren," he said, " especially about his non-committalism. I made up my mind that I would take an early opportunity to hear him and judge for myself. One day an important subject was under debate in the senate. I noticed that Mr. Van Buren was taking notes while one of the senators was speaking. I judged from this that he intended to reply, and I de termined to be in my seat when he spoke. His turn came ; and he rose and made a clear, straightforward argument, which, to my mind, disposed of the whole subject. I turned to my colleague, Major Eaton, who sat next to me. ' Major,' said I, ' is there anything non committal about that ? ' ' No, sir,' said the major." Van Buren scrupulously observed the amenities of de bate. He was uniformly courteous towards adversaries ; and the calm self-control saved him, as some greater orators were not saved, from a descent to the aspersion 130 MARTIN VAN BUREN. of motives so common and so futile in political debate. He could not, indeed, help now and then an allusion to the venality and monarchical tendency of the Federal ists and their successors ; but this was an old formula which strong haters had years before made very popu lar in the Republican phrase-book, and which, as to the venality, meant nobody in particular. CHAPTER V. DEMOCRATIC VICTORY IN 1828. GOVERNOR. When in May, 1828, Van Buren left Washington, the country universally recognized him as the chief organ izer of the new party and its congressional leader. As such he turned all his skill and industry to win a victory for Jackson and Calhoun. There was never in the his tory of the United States a more legitimate presidential canvass than that of 1828. The rival candidates dis tinctly stood for conflicting principles of federal adminis tration. On the one side, under Van Buren's shrewd management, with the theoretical cooperation of Cal houn, — the natural bent of whose mind was now aided and not thwarted by the exigencies of his personal career, — was the party inclined to "strict limitation of federal powers, jealous for local powers, hostile to in ternal improvements by the federal government, inclined to a lower rather than a higher tariff. On the other side was the party strongly national in temper, with splendid conceptions of a powerful and multifariously useful central administration, impatient of the poverties and meannesses of many of the states. The latter party was led by a president with ampler training in public life than any American of his time, who sincerely and in telligently believed the principles of his party ; and his party held those principles firmly, explicitly, and with practical unanimity. Jefferson, in almost his last letter, 132 MARTIN VAN BUREN. written in December, 1825, to William B. Giles, a vener able leader of the Democracy, the " Charles James Fox of Congress," Benton's " statesman of head and tongue," recalled indeed Adams's superiority over all ordinary considerations when the safety of his country had been questioned ; but Jefferson declared himself . in " the deepest affliction " at the usurpations by which the federal branch, through the decisions of the federal court, the doctrines of the president, and the miscon structions of Congress, was stripping its " colleagues, the state authorities, of the powers reserved to them." The voice from Monticello, feeble with its eighty-three years, and secretly uttered though it was, sounded the sum mons to a new Democratic battle. Van Buren and his coadjutors, however, led a party as yet of inclination to principles rather than of princi ples. It was out of power. There was neither warmth nor striking exaltation in its programme. Its philo sophical and political wisdom needed the aid of one of those simple cries for justice which are so potent in political warfare, and a leader to interest and fire the popular temper. Both were at hand. The late defeat of the popular wdl by the Adams-Clay coalition was the cry ; the hero of the military victory most grateful to Americans was the leader. To this cry and this leader Van Buren skillfully harnessed an intelligible, and at the least a reasonable, political creed. There were thus united nearly all the elements of political strength. Not indeed all, for the record of the leader was weak upon several articles of faith. Jackson had voted in the senate for internal improvement bills, and among them bills of the most obnoxious character, those authorizing subscriptions to the stocks of private corporations. He DEMOCRATIC VICTORY IN 1828. 133 had voted against reductions of the tariff. But the votes, it was hoped, exhibited only his inexpertness in applying general principles to actual legislation, or a good-natured willingness to please his constituents by single votes comparatively unimportant. In truth these mistakes were really inconsistencies of the politician, and no more. There had been a long inclination on Jackson's part to the Jeffersonian policy. Over thirty years before, he had in Congress been a strict construc tionist and an Anti-federalist. In 1801 he had required a candidate desiring his support to be " an admirer of state authority, agreeable to the true literal meaning " of the Constitution, and " banishing the dangerous doc trine of implication." If he were now to have undivided responsibility, this old Democratic trend of his would, it was hoped, be strong enough under Democratic ad vice. As a candidate, the inconsistencies of a soldier politician were far outweighed by his picturesque and powerful personality. It is commonly thought of Jack son that he was a headstrong, passionate, illiterate man, used and pulled about by a few intriguers. Nothing could be further from the truth. He was himself a pol itician of a high order. His letters are full of shrewd, vigorous, and even managing suggestions* of partisan manoeuvres. Their political utterances show a highly active and generally sensible though not disciplined mind. He had had long and important experience of civil affairs, in the lower house of Congress, in the federal senate when he was only thirty years old, in the consti tutional convention of his state, in its supreme court, later again in the senate ; he had been for eight years before the country as a candidate for its first office, and for many years in public business of large importance. 134 MARTIN VAN BUREN. There were two of the most distinguished Americans, men of the ripest abilities and amplest experience, and far removed from rashness, who from 1824 or before had steadily preferred Jackson for the presidency. These were Edward Livingston of Louisiana and De Witt Clinton of New York. Daniel Webster described his manners as " more presidential than those of any of the candidates." Jackson was, he wrote, " grave, mild, and reserved." Unless in Jackson's case there were effects without adequate causes, it is very certain that, with faults of most serious character, he still had the ability, the dignity, and the wisdom of a ruler of a high rank. He was, as very few men are, born to rule. After Crawford's defeat, Van Buren is credited with . a skillful management of the alliance of his forces with those of Jackson. There is not yet public, if it exist, any original evidence as to the details of this work. Van Buren's enemies were fond of describing it as full of cunning and trickery, the work of " the little magi cian ; " and later and fairer writers have adopted from these enemies this characterization. But all this seems entirely without proof. Nor is the story probable. The union of the Crawford and Jackson men was perfectly natural. Crawford was a physical wreck, out of public life. Numerous as were the exceptions, his followers and Jackson's included the great majority of the strict constructionists ; and but a minority of either of the two bodies held the opposite views. Neither of the two men had, at the last election, been defeated by the other. That Van Buren used at Washington his unrivaled skill in assuaging animosities and composing differences there can be no doubt. After the end of the session in March, 1827, together with Churchill C. Cambreleng, a DEMOCRATIC VICTORY IN 1828. 135 member of Congress from New York and a close politi cal friend of his, he made upon this mission a tour through Virginia, the Carolinas, and Georgia. They visited Crawford, and were authorized to declare that he should support Jackson, but did not wish to aid Cal houn. At Raleigh Van Buren told the citizens that the spirit of encroachment had assumed a new and far more seductive aspect, and could only be resisted by the exer cise of uncommon virtues. Passing through Washington on his way north, he paid a polite visit to Adams, talk ing with him placidly about Rufus King, Monroe, and the Petersburg horse-races. The president, regarding him as " the great electioneering manager for General Jackson," when the interview was over, promptly noted in his diary that Van Buren was now acting the part Burr had performed in 1799 and 1800 ; and he found " much resemblance of character, manners, and even person, between the two men." As early as 1826 the Van Buren Republicans of New York, and an important part of the Clintonians with the great governor at their head, had determined to support Jackson. Van Buren is said to have concealed his atti tude until after his reelection to the senate in 1827. But this is a complete error, except as to his pubhc choice of a candidate. His opposition to the Adams- Clay administration, it has already appeared, had been outspoken from 1825. The Jackson candidacy was not indeed definitely announced in New York until 1827. The cry for " Old Hickory " then went up with a sud den unanimity which seemed to the Adams men a bit of devilish magic, but which was the patient prearrange- ment of a skillful politician appreciating his responsi- bflity, and waiting, as the greatest of living politicians 136 MARTIN VAN BUREN. recently told England a statesman ought to wait, until the time was really ripe, until the popular inclination was sufficiently formed to justify action by men in responsi ble public station. The opposition to the reelection of John Quincy Adams in 1828 was sincerely considered by him, and has been often described by others, as singularly cause less, unworthy, and even monstrous. But in truth it led to one of the most necessary, one of the truest, political revolutions which our country has known. Both Adams and Clay were positive and able men. They were reso lute that the rather tepid democracy of Monroe should be succeeded by a highly national, a federally active administration. Prior to the election of 1824 Clay had been as nearly in opposition as the era of good feeling permitted. Early in Monroe's administration he had attacked the president's declaration that Congress had no right to construct roads and canals. His criticism, Mr. Schurz tells us in his brilliant and impartial ac count of the time, " had a strong flavor of bitterness in it ; " it was in part made up of " oratorical flings," by which Clay unnecessarily'sought to attack and humiliate Monroe. Adams's diary states Clay's opposition to have been " violent, systematic," his course to have been " angry, acrimonious." Late in 1819 Monroe's friends had even consulted over the wisdom of defeating Clay's reelection to the speakership ; and still later Clay had, as Mr. Schurz says, fiercely castigated the administra tion for truckling to foreigners. When Clay came into power, it would have been unreasonable for him to sup pose that there must not arise vigorous parliamentary opposition on the part of those who considered them selves the true Republican successors of Monroe, seeking DEMOCRATIC VICTORY IN 1828. 137 to stop the diversion into strange ways which Clay and Adams had now begun. Richard Rush of Pennsylvania, Adams's secretary of the treasury, and now the Adams candidate for vice-president, had, in one of his annual reports, declared it to be the duty of government " to augment the number and variety of occupations for its inhabitants ; to hold out to every degree of labor, and to every modification of skill, its appropriate object and in ducement ; to organize the whole labor of a country ; to entice into the widest ranges its mechanical and intel lectual capacities, instead of suffering them to slumber; to call forth, wherever hidden, latent ingenuity, giving to effort activity and to emulation ardor ; to create em ployment for the greater amount of numbers by adapting it to the diversified faculties, propensities, and situations of men, so that every particle of ability, every shade of genius, may come into requisition." Nor did this glow ing picture of a useful and beneficent government go far beyond the utterances of Rush's senior associate on the presidential ticket. It is certain that it was highly agreeable to Clay. Surely there could be no clearer political issue pre sented, on the one side by Van Buren's speeches in the senate, and on the other by authoritative and solemn declarations of the three chief persons of the administra tion. Whatever the better side of the issue may have been, no issue was ever a more legitimate subject of a political campaign. It is true that the accusations were unfounded, which were directed against Adams for treachery to the Republican principles he professed after, on adhering to Jefferson, he had resigned his seat in the senate. He had joined Jefferson on questions of foreign policy and domestic defense, and 138 MARTIN VAN BUREN. had, until his election to the presidency, been chiefly concerned with diplomacy. But though the accusations were false, it is true enough that Adams himself had made the issue of the campaign. Nor was it creditable to him that he saw in the opposition something merely personal to himself. If he were wrong upon the issue, as Van Buren and a majority of the people thought, his long public service, his utter integrity, his exalted sense of the obligations of office, ought not to have saved him from the battle or from defeat. How true and deep was this political contest of 1828 one sees in the fact that from it, almost as much as from the triumph of Jefferson, flow the traditions of one of the great Ameri can parties, traditions which survived the corruptions of slavery, and are still powerful in party administration. If John Quincy Adams had been elected, and if, as might naturally have been the case, there had followed, at this commencement of railway building, a firm estab lishment of the doctrine that the national government could properly build roads within the states, it is more than mere speculation to say that the later history of the United States would, whether for the better or the worse, have been very different from what it has been. The dangers to which American institutions would be exposed, if the federal government had become a great power levying taxes upon the whole country to be used in constructing railways, or, what was worse, purchasing stock in railway corporations, and doing this, as it would inevitably have done, according to the amount of pres sure here or there, — such dangers, it is easy to under stand, seem, whether rightly or wrongly, appalling to a large class of political thinkers. To realize this sense of danger dissipates the aspect of doctrinaire extrava- DEMOCRATIC VICTORY IN 1828. 139 gance in the speeches of Adams's opponents against latitudinarian construction. In the canvass of 1828 there was on both sides more wicked and despicable exhibition of slander than had been known since Jefferson and John Adams were pitted against each other. Jackson was a military butcher and utterly illiterate ; the chastity of his wife was doubtful. Adams had corruptly bargained away offices ; his ac counts of pubhc moneys received by him needed seri ous scrutiny ; and, that the charges might be precisely balanced, he had when minister at St. Petersburg acted as procurer to the Czar of Russia. These lies doubtless defeated themselves; but in each election since 1828 there have been politicians low enough and silly enough to imitate them. To nothing of this kind did Van Buren descend. Nor does it seem that even then he used the cry of a corrupt bargain between Adams and Clay, in which Jackson believed as long as he lived. The coalition of 1825, defeating, as it had, a candidate chosen by a larger number of voters than any other, was the most used, and probably the most successfully used, of any of the campaign issues. Nor was this clearly illegitimate, although Adams and many for him have hotly condemned its immorality. Every political coali tion between men lately in opposition political and per sonal, by which both get office, is fairly open to criticism. In experience it has always been full of political danger, although since the prejudice of the times has worn away, the defense of Adams and Clay is seen to be amply suffi cient. Whatever had been their mutual dislikes political or personal, each of them was politically and in his practical statesmanship far nearer to the other than to any other of the competitors. But we have yet to see a 140 MARTIN VAN BUREN. political campaign against a coalition whose members have been rewarded with office, in which this form of attack is not made by men very intelligent and most honest. Nor is there any reason to hold the followers of Jackson to a higher standard. In our own time we have seen two coalitions whose parties wisely recognized this danger. The chief leaders of the Republican re volt in 1884 neither sought nor took office from the former adversaries with whom for once they then acted. The Dissenting Liberals in England did not take office in the Conservative ministry formed in 1886 ; and the odium which, in the change later Blade in it, followed Mr. Goschen into its second place, dlustrated very well the truth that, however honorable the course may be, it is inevitably dangerous. Nor can moral condemnation be passed upon the use in 1828 of the defeat in 1824 of the candidate having the largest popular vote. We see pretty clearly in a constitutionally governed country that when power is lawfully lodged with a public man, he must act upon his own judgment ; and that, if he be influenced by others, then he ought to be influenced by the wishes and interests of those who supported him, and not of those who opposed him, even though far more numerous than his supporters. Repeatedly have we seen a state legis lature, which the arrangement of districts has caused to be elected from a party in minority in the whole state, choose a federal senator who it was known would have been defeated upon a popular vote ; and this without criticism of the conduct of the legislators, but only of the defective district division. In Connecticut it has happened more than once that, neither candidate for governor having a majority vote, the legislature has ELECTED GOVERNOR. 141 chosen a candidate having one of the smaller minori ties ; and here again without criticism of the legisla ture's morality. But stdl the general rule of American elections is, that the candidate shall be chosen who is preferred by more votes than any other. To assent to a constitutional defeat of such a preference, but after wards and under the law to make strong appeal to right the wrong which the law has wrought, seems a highly defensible course, and to deserve little of the criticism visited upon the Jackson canvass of 1828. If party divisions be justifiable, if chief pubhc officers are to be chosen for their views on great questions of state, if the cold appeals of political reasoning are ever rightly strengthened by appeals to popular feelings, the cam paign which Van Buren and his associates began in 1825 or 1826 was perfectly justifiable. Nor in its result can any one deny, whether it were for better or worse, that their success in the battle worked a change in the principles of administration, and not a mere vulgar driving from office of one body of men that another might take their places. The death of De Witt Clinton left Van Buren easily the largest figure in public life, as he had for several years been the most powerful politician, in New York state. The gossip that the most important place in Jackson's cabinet was really allotted to him before the election of 1828 is probably true. But, whether true or not, there was, apart from a natural desire to administer the first office in his state, obvious advantage to his polit ical prestige in passing successfully through a popular election. The most cynical of managing politicians rec ognize the enormous strength of a man for whom the people have actually shown that they like to vote. Van 142 MARTIN VAN BUREN. Buren may have counted besides upon the advantage which Jackson's personal popularity brought to those in his open alliance, although Adams was known still to have, as the election showed he had, considerable Demo cratic strength. Van Buren took therefore the Bucktail nomination for governor of New York. The National Republicans, as the Adams men were called, nominated Smith Thompson, a judge of the federal supreme court. Van Buren got 136,794 and Thompson 106,444 votes. But in spite of so large a plurality Van Buren did not quite have a majority of the popular vote. Solomon Southwick, the anti-Masonic candidate, received 33,345 votes. It was the first election after this extraordinary movement. The abduction of Morgan and his probable murder to prevent his revelation of Masonic secrets had occurred in the fall of 1826. The criminal trials con sequent upon it had caused intense excitement ; and a political issue was easily made, for many distinguished men of both parties were members of that secret order. How powerful for a time may be a popular cry, though based upon an utterly absurd issue, became more obvious still later when electoral votes for president were cast for William Wirt, the anti-Masonic candidate ; and when John Quincy Adams, after graduating from the widest experience in public affairs of any American of his generation, was, as he himself records, willing to accept, and when Wilham H. Seward was willing to ten der him, a presidential nomination of the anti-Masonic party. As Southwick's preposterous vote was in 1828 drawn from both parties, Van Buren's prestige, although he had but a plurality vote, was increased by his victory at the polls. Jackson very truly said in February, 1832, that it was now " the general wish and expecta- GOVERNOR OF NEW YORK. 143 tion of the Republican party throughout the Union" that Van Buren should take the place next to the pres ident in the national administration. Jackson was him self elected by a very great popular and electoral major ity. In New York, where on this single occasion the electors were chosen in districts, and where the anti- Masonic vote was cast against Jackson who held high rank in the Masonic order, Adams secured 16 votes to Jackson's 18 ; but to the latter were added the two electors chosen by the thirty-four district electors. Van Buren's career as governor was very brief. He was inaugurated on January 1, 1829, and at once re signed his seat in the federal senate. On March 12th of the same year he resigned the governor's seat. His inau gural message is said by Hammond, the political histo rian of New York, by no means too friendly to Van Buren, to have been " the best executive message ever communicated to the legislature ; " and after nearly sixty years, it seems, in the leather-covered tome containing it, a remarkably clear, wise, and courageous paper. The excitement over internal improvements in communica- tipn was then at its height. He declared that, whatever difference there might be as to whether such improve ments ought to be undertaken by the federal govern ment or by the states, none seriously doubted that it was wise to apply portions of the means of New York to such improvements. The investment of the state in the Delaware and Hudson Canal, then just completed, had, he thought, been "crowned with the most cheering success." Splendid, too, as had been the success of the Erie and Champlain canals, it was still clear that all had not been equally benefited. The friends of the state road and of the Chemung and Chenango canals had 144 MARTIN VAN BUREN. urged him to recommend for them a legislative support. But it was a time, he said, for " the utmost prudence and circumspection " upon that " delicate and vitally interesting subject." The banking question, he told the legislature, would make the important business of its session. It turned out besides to be one of the important businesses of Van Buren's career. To meet the attacks upon him for having once been interested in a bank, he dexterously recited that, " having for many years ceased to have an interest in those institutions and declined any agency in their management," he was ctinscious of his imperfect information. But he could not ignore a matter of such magnitude to their constituents. The whole bank agitation at this time showed the difficulties and scan dals caused by the absence of a free banking system, and by the long accustomed grants of exclusive banking charters. Of the forty banks in the state, all specially incorporated, the charters of thirty-one would expire within one, two, three, or four years. Their actual capital was $15,000,000 ; their outstanding loans, more than $30,000,000. Van Buren urged, therefore, the legislature now to make by general law final disposition of the whole subject. The abolition of banks had, he said, no advocate, and a dependence solely upon those established by federal authority deserved none ; but he rejected the idea of a state bank. " Experience," he declared, " has shown that banking operations, to be successful, and consequently beneficial to the commu nity, must be conducted by private men upon their own account." He condemned the practice by which the state accepted a money bonus for granting a bank char ter, necessarily involving some monopoly. The concern GOVERNOR OF NEW YORK. 145 of the state, he pointed out, should be to make its banks and their circulation secure ; and such security was im paired, not increased, by encouraging banks in compe tition with one another, and " stimulated by the golden harvest in view," to make large payments for their charters. He submitted for legislative consideration the idea of the " safety fund " communicated to him in an interesting and intelligent paper by Joshua Forman. Under this system all the banks of the state, whatever their condition, were to contribute to a fund to be ad ministered under state supervision, the fund to be a security for all dishonored bank-notes. To this extent all the banks were to insure or indorse the circulation of each bank, thus saving the scandal and loss arising from the occasional failure of banks to redeem their notes, and making every bank watchful of all its asso ciates. In compelling the banks to submit to some gen eral scheme, the representative of the people would indeed, he said, enter into " conflict with the claims of the great moneyed interest of the country ; but what political exhibition so truly gratifying as the return to his constituents of the faithful public servant after hav ing turned away every approach and put far from him every sinister consideration ! " Van Buren proposed a separation of state from na tional elections ; a question still discussed, and upon each side of which much is to be said. He attacked the use of money in elections, "the practice of employ ing persons to attend the polls for compensation, of placing large sums in the hands of others to entertain the electors," and other devices by which the most valu able of all our temporal privileges " was brought into disrepute." If the expenses of elections should increase 146 MARTIN VAN BUREN. as they had lately done, the time would soon arrive " when a man in middling circumstances, however vir tuous, will not be able to compete upon anything like equal terms with a wealthy opponent." In long advance of a modern agitation for reform which, lately begin ning with us, will, it is to be hoped, not cease until the abuses are removed, he proposed a law imposing " severe and enforcible penalties upon the advance of money by individuals for any purposes connected with the elec tion except the single one of printing." Turning to the field of general politics, he again de clared the political faith to whose support he wished to rally his party. That " a jealousy of the exercise of del egated political power, a solicitude to keep public agents within the precise limits of their authority, and an assiduous adherence to a rigid and scrupulous economy, were indications of a contracted spirit unbecoming the character of a statesman," he pronounced to be a politi cal heresy, from which he himself had not been entirely free, but which ought at once to be exploded. Official discretion, as a general rule, could not be confided to any one without danger of abuse. But he reproved the parsimony which disagreeably characterized the democ racy of the time, and which inadequately paid great public servants like the chancellor and judges. In the tendency of the federal government to encroach upon the states lay, he thought, the danger of the federal Constitution. But of the disposition and capacity of the American people to resist such encroachments as our political history recorded, there were, he said, without naming either Adams, " two prominent and illustrious instances." As long as that good spirit was preserved, the republic would be safe ; and for that preservation every patriot ought to pray. GOVERNOR OF NEW YORK. 147 The reputation of the country had in some degree suffered, he said, from " the uncharitable and unrelent ing scrutiny to which private as well as public char acter " had been subjected in the late election. But this injury had been " relieved, if not removed, by see ing how soon the overflowing waters of bitterness " had spent themselves, and " that already the current of public feeling had resumed its accustomed channels." These excesses were the price paid for the full enjoyment of the right of opinion. With an assertion of " perfect deference to that sacred privilege, and in the humble exercise of that portion of it " which belonged to him, and of a sincere desire not to offend the feelings of those who differed from him, he ended his message by congratulating the legislature upon the election of Jack son and Calhoun. This result, he said in words not altogether insincere or untrue, but full of the unfairness of partisan dispute, infused fresh vigor into the Ameri can political system, refuted the odious imputation that republics are ungrateful, dissipated the vain hope that our citizens could be influenced by aught save appeals to their understanding and love of country, and finally exhibited in " bold relief the omnipotence of public opinion, and the futility of all attempts to overawe it by the denunciation of power, or to reduce it by the allure ments of patronage." Among the Hoyt letters, afterwards published by Van Buren's rancorous enemy Mackenzie, are two let ters of his upon his patronage as governor. It is not unfair to suppose that he wrote many other letters like them, and they give a useful glimpse of the distribution of offices at Albany sixty years ago. These letters to Hoyt were of the most confidential character, and 148 MARTIN VAN BUREN. showed a strong but not uncontrolled desire to please party friends and to meet party expectations. But in none of them is there a suggestion of anything dishonor able. He asked, " When will the Republican party be made sensible of the indispensable necessity of nomi nating none but true and tried men, so that when they suc ceed they gain something ? " He was unable to oblige his " good friend Coddington ... in relation to the health appointments." Dr. Westervelt's claims were " decid edly the strongest ; and much was due to the relations in which he stood to Governor Tompkins, especially from one who knew so well what the latter has done and suffered for this state." He wrote of Marcy, whom he appointed a judge of the supreme court, that he " was so situated that I must make him a judge or ruin him." All this is doubtless not unlike what the best of public officers have sometimes said and thought, though rarely written ; and, like most talk over patronage, it is not in very exalted tone. But if Van Buren admitted as one of Westervelt's claims to public office that he was of a Whig family and a Democrat " from his cradle," he found among his other claims that he was " a gentle man and a man of talent," and had been " three years in the hospital and five years deputy health officer, until he was cruelly removed." Dr. Manley he refused to remove from the health office, because " his extraordi nary capacity is universally admitted ; " and pointed out that the removal " could only be placed on political grounds, and as he was a zealous Jackson man at the last election, that could not have been done without danger." "I should not," he said, however, "have given Manley the office originally, if I could have found a competent Republican to take it." William L. Marcy, GOVERNOR OF NEW YORK. 149 whom he made judge, was already known as one of the ablest men in the state, and his appointment was admi rable, though his salvation from ruin, if Van Buren were speaking seriously, was not a pubhc end fit to be served by high judicial appointment. John C. Spencer, one of the best lawyers of New York, was appointed by Van Buren special counsel for the prosecution of Mor gan's murderers. Hammond wondered " how so rigid a party man as Mr. Van Buren was, came to appoint a political opponent to so important an office," but con cluded that it was a fine specimen of his peculiar tact, because Spencer, though a man of talents and great moral courage, might be defeated in the prosecution, and thus be injured with the anti-Masons ; while if he succeeded, his vigor and fidelity would draw upon him Masonic hostility. But the simpler explanation is the more prob able. Van Buren desired to adhere in this, as he did in most of his appointments, to a high standard. Upon this particular appointment his own motives might be distrusted ; and he therefore went to the ranks of his adversaries for one of their most distinguished and in vulnerable leaders. Van Buren was long condemned as a " spoils " politician ; but he was not accused of ap pointing either incompetent or dishonest men to office. In the great place of governor he must have already begun to see how difficult and dangerous was this power of patronage. It must be fairly admitted that he pretty carefully limited, by the integrity and efficiency of the pubhc service, the political use which he made of his appointments, — a use made in varying degrees by every American holding important executive power from the first Adams to our own time. On March 12, 1829, Governor Van Buren resigned 150 MARTIN VAN BUREN. his office with the hearty and unanimous approval of his party friends, whom he gathered together on receiv ing Jackson's invitation to Washington. He was in their hands, he said, and should abide by their decision. Both houses of the legislature passed congratulatory and even affectionate resolutions ; and his brief and brilliant career in the executive chamber of the state ended happily, as does any career which ends that a seemingly greater one may begin. CHAPTER VI. SECRETARY OF STATE. DEFINITE FORMATION OF THE DEMOCRATIC CREED. Van Buren was appointed secretary of state on March 5, 1829 ; but did not reach Washington until the 22d, and did not act as secretary until Aprd 4th. James A. Hamilton, a son of Alexander Hamilton, but then an influential Jackson man, was acting-secretary in the mean time. The two years of Van Buren's ad ministration of this office are perhaps the most pictur esque years of American political history. The Eaton scandal ; the downfall of Calhoun's political power ; the magical success of Van Buren ; the " Kitchen Cabinet ; " the odious removals from office, and the outcries of the removed ; the fiery passion of Jackson ; the horror both real and affected of the opposition, — all these have been an inexhaustible quarry to historical writers. Untd very recently the larger use has been made of the material derived from hostile sources ; and it has seemed easy to paint pictures of this really important time in the crudest and highest colors of dislike. The Ameri can democracy, at last let loose, driven by Jackson with a sort of demoniac energy and cunningly used by Van Buren for his own selfish and even Mephistophelian ends, is supposed to have broken from every sound and conservative principle. Perhaps for no other period in our history has irresponsible and unverified campaign 152 MARTIN VAN BUREN. literature of the time so largely become authority to serious writers ; and for no other period does truth more strongly require a judgment upon well established results rather than upon partisan rumor and gossip. During these years there was definitely and practically formed, under the auspices of Jackson's administration, a politi cal creed, a body of principles or tendencies in politics which have ever since strongly held the American peo ple. Some of them have become established by a uni versal acquiescence. During the same years there began an extension into federal politics of the " spoils system," which has been an evil second only to slavery, and from which we are only now recovering. To Van Buren more than to any man of his time must be awarded the credit of forming the creed of the Jacksonian Democ racy. And in the shame of the abuse, which has so greatly tended to neutralize the soundest articles of political faith, Van Buren must participate with other and inferior men of his own time, and with the very greatest of the men who followed him. In this narra tive it is impossible to ignore some of the petty and un dignified details which characterized the time, — details from some of the discredit of which Van Buren cannot escape. But it would lead to gross error to let such details obscure the vital and lasting political work of the highest order in which Van Buren was a central and controlling power. Besides Van Buren, Jackson's cabinet included Ing ham of Pennsylvania in the treasury, Eaton in the war department, Branch in the navy, Berrien of Georgia attorney-general, and Barry of Kentucky in the post- office, succeeding McLean, who after a short service was appointed to the supreme court. Eaton, Branch, RIVALRY WITH CALHOUN. 153 and Berrien had been federal senators, the first chiefly commended by Jackson's strong personal liking for him. Ingham, Branch, and Berrien represented, or were sup posed to represent, the Calhoun influence. Van Buren in ability and reputation easily stood head and shoul ders above his associates. When he left Albany for Washington he was believed to have done more than any one else to secure the Republican triumph ; and if Webster's recollections twenty years later were cor rect, he did more to prevent " Mr. Adams's reelection in 1828, and to obtain General Jackson's election, than any other man — yes, than any ten other men — in the country." He was the first politician in the party ; Calhoun and he were its most distinguished statesmen. Already the succession after Jackson belonged to one of them, the only doubt being to which ; and in that doubt was stored up a long and complicated feud. The rivalry between these two great men was inevitable ; it was not dishonorable to either. Calhoun's fame was the older ; he was already one of the junior candidates for the presidency, popular in Pennsylvania and even in New England, when Van Buren was hardly known out of New York. In 1829 he had been chosen vice-president for the second time. He had shown talents of a very high order. But he had now suffered some years from the presidential fever which distorts the vision, and which, when popularity wanes, becomes heavy with enervating melancholy. He was an able doctrinaire, but narrow and dogmatic. The jealous and ravenous temper of the rich slaveholders of South Carolina al ready possessed him. He was a southern man ; and all the presidents thus far, except the elder and younger Adams, had been southerners. In 1824 he had stood 154 MARTIN VAN BUREN. indifferent between Jackson and Adams, and in Jack son's final triumph had borne no decisive part. Van Buren's wider, richer, and more constructive mind, his superior political judgment, his mellower personality, his practical skill in affairs, sufficiently explain his vic tory over Calhoun, without resort to the bitter rumors of tricks and magical manoeuvres spread by Calhoun's and Clay's friends, and which, though without authentic corroboration, have to our own day been widely ac cepted. Before Jackson's inauguration, Calhoun sought to prevent Van Buren's selection for the state department. He told the general that Tazewell of Virginia ought to be appointed. New York, he said, would have been secured by Clinton if he had lived ; but now New York needed no appointment. Jackson listened coldly to the plainly jealous appeal ; and James A. Hamilton, who was at the time on intimate terms with Jackson, sup posed it to be Calhoun's last interview with Jackson about the cabinet. Van Buren had been Jackson's choice a year ago ; and to all the reasons which had then existed were now added his great services in the canvass, and the prestige of his popular election as governor. The episode of Mrs. Eaton, the wife of the new secre tary of war, was absurd enough in a constitutionally governed country; but this silly " court scandal," which might very well have enlivened the pages of a secretary of a privy council or an ambassador from a petty Ger man prince, did no more than hasten the inevitable divi sion. In the hastening, however, Van Buren doubtless reaped some profit in Jackson's greater friendship. Many respectable people in Washington believed that EPISODE OF MRS. EATON. 155 unchastity on the part of this lady had induced her for mer husband, Timberlake, to cut his throat. Her sec ond marriage to Eaton had just taken place in January, 1829, after Jackson, learning of the scandal but dis believing it, had said to Eaton, " Your marrying her will disprove these charges, and restore Peg's good name." The general treated with violent contempt the persons, some of them clergymen, " whose morbid appe tite," he wrote the Rev. Dr. Ely on March 23, 1829, " delights in defamation and slander." Burning with anger at those who had dared in the recent canvass to malign his own wife now dead, he defended with chival rous resolution the lady whom his own wife " to the last moment of her hfe believed . . . to be an innocent and much-injured woman." Even Mrs. Madison, he said, " was assailed by these fiends in human shape." When protests were made against Eaton's appointment to the cabinet, Jackson savagely cried, " I will sink or swim with him, by God ! " All this had happened before Van Buren reached Washington. There then followed the grave question, whether Mrs. Eaton should be adjudged guilty by society and sentenced to exclusion from its ceremonious enjoyments. The ladies generally were determined against her, even the ladies of Jackson's own household. Jackson proposed the task, impossible even to an emperor, of compelling recognition of this distressed and persecuted consort of a minister of state. The unfortunate married men in the cabinet were in embarrassment indeed. They would not if they could, so they said, — or at least they could not if they would, — induce their wives to visit or receive visits from the wife of their colleague. Jackson showed them very clearly that.no other course would satisfy him. Calhoun in his 156 MARTIN VAN BUREN. matrimonial state was at the same disadvantage. Even foreign ministers and their wives met the president's displeasure for not properly treating the wife of the American secretary of war. When Van Buren entered this farcical scene, his widowed condition, and the fortune of having sons rather than daughters, left him quite unembarrassed. He po litely called upon his associate's wife, as he called upon the others ; he treated her with entire deference of manner. It is probable, though by no means clear, for popular feeling was supposed to run high in sacred defense of the American home, that this was the more politic course. It is now, however, certain that by doing so he gave to Jackson, and some who were personally very close to Jackson, more gratification than he gave offense else where ; and this has been the occasion of much asper sion of Van Buren's motives. But whether his course were politic or not, it is easy enough to see that any other course would have been inexcusable. It would have been dastardly in the extreme for Van Buren, reaching Washington and finding a controversy raging whether or not the wife of one of his associates were virtuous, to pronounce her guilty, as he most unmistak ably would have done had he refused her the attention which etiquette required him to pay all ladies in her position. Parton in his Life of Jackson quotes from an anonymous Washington correspondent, whose account he says was " exaggerated and prejudiced but not wholly incorrect," the story that Van Buren induced the British and Russian ministers, both of whom to their immediate peace of mind happened to be bachelors, to treat Mrs. Eaton with distinction at their entertainments. But the supposition seems quite gratuitous. Neither of those un- RIVALRY WITH CALHOUN. 157 married diplomats was likely to do so absurdly indefen sible a thing as to insult by marked exclusion a cabinet minister's wife, whom the president for any reason, good or bad, treated with especial distinction and respect. Van Buren's common sense was a strong characteristic ; and he doubtless looked upon the whole affair with amused contempt. As the cabinet officer who had most to do with social ceremonies, he may well have sought to calm the irritation and establish for Mrs. Eaton, where he could, the usual forms of civihty. Like many other blessings of etiquette, these forms permit one to hold un offending neutrality upon the moral deserts of persons whom he meets. It happened that Calhoun's friends had tried to prevent Eaton's appointment to the war department, and afterwards sought to remove him from the cabinet. The episode added, therefore, keen edge to the growing hostility of Jackson and his near friends to Calhoun, and thus tended to strengthen his rival. But all this would have signified little but for something deeper and broader. The preference of Van Buren had been dictated by powerful causes long before Mrs. Tim- berlake became Mrs. Eaton. These causes now grew more and more powerful. Calhoun was serving his second term as vice-presi dent. A third term for that office was obnoxious to the rule already established for the presidency. Calhoun therefore desired Jackson to be content with one term ; for if he took a second, Calhoun feared, and with good reason, that he himself, being then out of the vice-presi dency, and so no longer in sight on that conspicuous seat of preparation, might fall dangerously out of mind. So . it was soon known that Calhoun's friends were opposed , to a second term for Jackson. At a Pennsylvania meet- 158 MARTIN VAN BUREN. ing on March 31, 1830, the opposition was openly made. Before this, and quite apart from Jackson's natural hos tility to the nullification theory which had arisen in Calhoun's state, he had conceived a strong dislike to Calhoun for a personal reason. With this Van Buren had nothing whatever to do, so far as appears from any evidence better than the uncorroborated rumors which ascribe to Van Buren's magic every incident which in jured Calhoun's standing with Jackson. Years before, Monroe's cabinet had discussed the treatment due Jack son for his extreme measures in the Seminole war. Calhoun, then secretary of war, had favored a military trial of the victorious general ; but John Quincy Adams and Monroe had defended him, as did also Crawford, the secretary of the treasury. For a long while Jackson had erroneously supposed that Calhoun was the only member of the cabinet in his favor ; and Calhoun had not undeceived him. Some time before Jackson's election, Hamilton had visited Crawford to promote the desired reconciliation between him and the general ; and a letter was written by Governor Forsyth of Georgia to Hamil ton, quoting Crawford's explanation of the real transac tions in Monroe's cabinet. Jackson was ignorant of all this until a dinner given by him in honor of Monroe in November, 1829. Ringold, a personal friend of Mon roe's, in a complimentary speech at seeing Jackson and Monroe seated together, said to William B. Lewis that Monroe had been " the only one of his cabinet " friendly to Jackson in the Seminole controversy ; and after dinner the remark, after being discussed between Lewis and Eaton the secretary of war, was repeated by the latter to Jackson, who said he must be mistaken. Lewis then told Jackson of Forsyth's letter, whicli greatly ex- JACKSON AND CALHOUN. 159 cited him, already disliking Calhoun as he did, and not unnaturally susceptible about his reputation in a war which had been the subject of violent and even savage attacks upon him in the recent canvass. Jackson sent at once to New York for the letter. But Hamilton was unwilling to give it without Forsyth's permission ; and when Forsyth, on the assembling of Congress, was con sulted, he preferred that Crawford should be directly asked for the information. This was done, and Craw ford wrote an account which in May, 1830, Jackson sent to Calhoun with a demand for explanation. Calhoun admitted that he had, after hearing of the seizure of the Spanish forts in Florida and Jackson's execution of the Englishmen Arbuthnot and Ambrister, expressed an opinion against him, and proposed an investigation of his conduct by a court of inquiry. He further told Jackson, with much dignity of manner, that the latter was being used in a plot to effect Calhoun's political extinction and the exaltation of his enemies. The president received Calhoun's letter on his way to church, and upon his re turn from religious meditation wrote to the vice-presi dent that " motives are to be inferred from actions and judged by our God ; " that he had long repelled the in sinuations that it was Calhoun, and not Crawford, who had secretly endeavored to destroy his reputation ; that he had never expected to say to Calhoun " Et tu, Brute ! " and that there need be no further communica tion on the subject. Thus was finally established the breach between Calhoun and Jackson, which this personal matter had widened but had by no means begun. In none of it did Van Buren have any part. When Jack son sent Lewis to him with Calhoun's letter and asked his opinion, he refused to read it, saying that an attempt 160 MARTIN VAN BUREN. would undoubtedly be made to hold him responsible for the rupture, and he wished to be able to say that he knew nothing of it. This course was doubtless politic, and deserves no applause ; but it was also simply right. On getting this message Jackson said, " I reckon Van is right ; I dare say they will attempt to throw the whole blame on him." A few weeks before, on April 13, 1830, the dinner to celebrate Jefferson's birthday was held at Washington. It was attended by the president and vice-president, the cabinet officers, and many other distinguished per sons. There -were reports at the time that it was in tended to use Jefferson's name in support of the state- rights doctrines, and against internal improvements and a protective tariff. This shows how clearly were already recognized some of the great causes underly ing the political movements and personal differences of the time. The splendid parliamentary encounter between Hayne and Webster had taken place but two or three months before. In his speech Hayne, who was understood, as Benton tells us, to give voice to the senti ments of Calhoun, had plainly enough stated the doc trine of nullification. Jackson at the dinner robustly confronted the extremists with his famous toast, " Our federal Union : it must be preserved." Calhoun, already conscious of his leadership in a sectional controversy, fol lowed with the sentiment, true indeed, but said in words very sinister at that time : " The Union : next to our liberty the most dear. May we all remember that it can only be preserved by respecting the rights of the states, and distributing equally the benefit and burden of the Union." The secretary of state next rose with a toast with little ring or inspiration in it, but CANDIDACY FOR THE SUCCESSION. 161 plainly, though in conciliatory phrase, declaring for the Union. He asked the company to drink, " Mutual forbearance and reciprocal concessions : through their agency the Union was established. The patriotic spirit from which they emanated will forever sustain it." Van Buren was now definitely a candidate for the succession. His northern birth and residence, his able leadership in Congress of the opposition to the Adams administration, his almost supreme political power in the first state of the Union, his clear and systematic exposition of an intelligible and timely political creed, the support his friends gave to Jackson's reelection, — all these advantages were now reinforced by the tendency to disunion clear in the utterances from South Carolina, by Calhoun's efforts to exclude Van Buren and Eaton from the cabinet, by the hostility to Mrs. Eaton of the ladies in the households of Calhoun and of his friends in the cabinet, and now by Jackson's discovery that, at a critical moment of his career ten years before, Calhoun had sought his destruction. Here was a singular union of really sound reasons why Van Buren should be pre ferred by his party and by the country for the succession over Calhoun, with the strongest reasons why Jackson, and those close to him, should be in most eager personal sympathy with the preference. In December, 1829, Jackson had explicitly pronounced in favor of Van Buren. This was in the letter to Judge Overton of Tennessee, which Lewis is doubtless correct in saying he asked Jackson to write lest the latter should die before his successor was chosen. Jackson himself drafted the letter, which Lewis copied with some verbal alteration ; and the letter sincerely expressed his own strong opin ions. After alluding to the harmony between Van 162 MARTIN VAN BUREN. Buren and his associates in the war and post-office de partments, he said : " 1 have found him everything that I could desire him to be, and believe him not only de serving my confidence, but the confidence of the nation. Instead of his being selfish and intriguing, as has been represented by some of his opponents, I have ever found him frank, open, candid, and manly. As a counselor, he is able and prudent, republican in his principles, and one of the most pleasant men to do business with I ever knew. He, my dear friend, is well qualified to fill the highest office in the gift of the people, who in him will find a true friend and safe depositary of their rights and liberty. I wish I could say as much for Mr. Cal houn and some of his friends." He criticised Calhoun for his silence on the bank question, for his encourage ment of the resolution in the South Carolina legislature relative to the tariff, and for his objection to the appor tionment of the surplus revenues after the national debt should be paid. Jackson had not yet definitely learned from Forsyth's letter about Calhoun's attitude in Mon roe's cabinet ; but his well-aroused suspicion doubtless influenced his expression. His strong personal liking for the secretary of state had been evident from the beginning of the administration. In a letter to Jesse Hoyt of April 13, 1829, the latter wrote that he had found the president affectionate, confidential, and kind to the last degree, and that he believed there was no degree of good feeling or confidence which the president did not entertain for him. In July he wrote to Hamil ton : " The general grows upon me every day. I can fairly say that I have become quite enamored with him." The break between Calhoun and Jackson was kept JACKSON AND CALHOUN. 163 from the public until early in 1831. In the preceding winter, Duff Green, the editor of the " Telegraph," until then the administration newspaper, but still en tirely committed to Calhoun, sought to have the publica tion of the Calhoun-Jackson correspondence accompanied by a general outburst from Republican newspapers against Jackson. The storm, Benton tells us, was to seem so universal, and the indignation against Van Buren so great, that even Jackson's popularity would not save the prime minister. Jackson's friends, Barry and Kendall, learning of this, called to Washington an unknown Kentuckian to be editor of a new and loyal administration paper. Francis P. Blair was a singu larly astute man, whose name, and the name of whose family, afterwards became famous in American politics. He belonged to the race of advisers of great men, found by experience to be almost as important in a democracy as in a monarchy. In February, 1831, Calhoun openly declared war on Jackson by publishing the Seminole correspondence. Green having now been safely reelected printer to Congress, the " Telegraph," according to the plan, strongly supported Calhoun. The " Globe," Blair's paper, attacked Calhoun and upheld the president. The importance in that day ascribed by politicians to the control of a single newspaper seems curious. In 1823, Van Buren, while a federal senator, was interested in the " Albany Argus," almost steadily from that time until the present the ably managed organ of the Albany Regency ; and he then confiden tially wrote to Hoyt : " Without a paper thus edited at Albany we may hang our harps on the willows. With it, the party can survive a thousand such convulsions as those which now agitate and probably alarm most of 164 MARTIN VAN BUREN. those around you." This seems an astonishingly high estimate of the power of a paper which, though rela tively conspicuous in the state, could have then had but a small circulation. It was, however, the judgment of a most sagacious politician. In 1822 he complained to Hoyt that his expenses of this description were too heavy. In 1833 James Gordon Bennett, then a young journalist of Philadelphia, wrote Hoyt a plain intimation that money was necessary to enable him to continue his jour nalistic warfare in Van Buren's behalf. Anguish, dis appointment, despair, he said, brooded over him, while Van Buren chose to sit still and sacrifice those who had supported him in every weather. Van Buren replied that he could not directly or indirectly afford pecuniary aid to Bennett's press, and more particularly as he was then situated ; that if Bennett could not continue friendly to him on public grounds and with perfect independence, he could only regret it, but he desired no other support. He added, however, not to burn his ships behind him, that he had supposed there would be no difficulty in ob taining money in New York, if their " friends in Phila delphia could not all together make out to sustain one press." Thus was invited a powerful animosity, vindic tively shown even when Van Buren was within three years of his death. Soon after his arrival Blair entered the famous Kitchen Cabinet, a singularly talented body, fond enough indeed of " wire-pulling," but with clear and steady political convictions. William B. Lewis had long been a close personal friend of Jackson and manager of his political interests, and had but recently earned his grati tude by rushing successfully to the defense of Mrs. Jackson's reputation, Kendall and Hill were adroit, DISSOLUTION OF JACKSON'S CABINET. 165 industrious, skillful men ; the former afterwards post master-general, and the latter to become a senator from New Hampshire. Blair entered this company full of zeal against nullification and the United States Bank. Jackson himself was so strong-willed a man, so shrewd in management, so skillful in reading the public temper, that the story of the complete domination of this junto over him is quite absurd. The really great abilities of these men and their entire devotion to his interests gained a profound and justifiable influence with him, which occasional petty or unworthy uses made of it did not destroy. No one can doubt that Jackson was con firmed by them in the judgment to which Van Buren urged him upon great political issues. The secretary of state refused to give the new paper of Blair any of the printing of his department, lest its origin should be attributed to him, and because he wished to be able to say truly that he had nothing to do with it. Kendall, who lived through the civil war, strongly loyal to the Union and to Jackson's memory, to die a wealthy philan thropist, declared in his autobiography, and doubtless correctly, that the " Globe " was not established by Van Buren or his friends, but by friends of Jackson who desired his reelection for another four years. Neverthe less Van Buren was held responsible for the paper ; and its establishment was soon followed by the dissolu tion of the cabinet. This explosion, it is now clear, was of vast advantage to the cause of the Union. It took place in April, 1831, and in part at least was Van Buren's work. On the 9th of that month he wrote to Edward Livingston, then a senator from Louisiana spending the summer at his seat on the Hudson River, asking him to start for Washing- 166 MARTIN VAN BUREN. ton the day after he received the letter, and to avoid speculation '¦ by giving out tliat " he was " going to Philadelphia." Livingston wrote back from Washing ton to his wife that Van Buren had taken the high and popular ground that, as a candidate for the presidency, he ought not to remain in the cabinet when its pubhc measures would be attributed to his intrigue, and thus made to injure the president ; and that Van Buren's place was pressed upon him ¦• with all the warmth of friendship and every appeal to my love of country." Van Buren, with courageous skill, put his resignation to the public distinctly on the ground of his own politi cal aspiration. On April 11, 1S31, he wrote to the president a letter for publication, saying that from the moment he had entered the cabinet it had been his '• anxious wish and zealous endeavor to prevent a pre mature agitation of the question " of the succession, " and at all events to discountenance, and if possible repress, the disposition, at an early day manifested." to connect his name " with that disturbing topic."' Of •' the sincerity and constancy of his disposition " he appealed to the president to judge. But he had not succeeded, and circumstances beyond his control had given the sub ject a turn which could not then " be remedied except by a self-disfrancbisement, which, even if dictated by " bis '• individual wishes, could hardly be reconcilable with propriety or self-respect." In the situation exist ing at the time. ¦' diversities of ulterior preference among the friends of the administration " were unavoidable, and he added : ' Even if the respective advocates of those thus placed in rivalship be patriotic enough to resist the temptation of creating obstacles to the advancement of him to whose elevation they are opposed, by embar- CANDIDATE FOR THE PRESIDENCY. 167 rassing the branch of public service committed to his charge, they are nevertheless, by their position, exposed to the suspicion of entertaining and encouraging such views, — a suspicion which can seldom fad, in the end, to aggravate into present alienation and hostility the prospective differences which first gave rise to it." The public service, he said, required him to remove such " obstructions " from " the successful prosecution of pub hc affairs ; " and he intimated, with the affectation of self-depreciation which was disagreeably fashionable among great men of the day, that the example he set would, " notwithstanding the humility of its origin," be found worthy of respect and observance. When four years later he accepted the presidential nomination he repeated the sentiment of this letter, but more explicitly, saying that his '* name was first associated with the question of General Jackson's successor more through the ill-will of opponents than the partiality of friends." This seemed very true. For every move ment which had tended to commit the administration or its chief against Calhoun or his doctrines, he had been held responsible as a device to advance himself. His adversaries had proclaimed him not so much a pubhc officer as a self-seeking candidate. It was a rare and true stroke of political genius to admit his aspiration to the presidency ; to deny his present can didacy and his self-seeking ; but, lest the clamor of his enemies should, if he longer held his office, throw doubt upon his sincerity, to withdraw from that station, and to prevent the continued pretense that he was using official opportunities, however legitimately, to increase his public reputation or his political power. Thus would the candidacy be thrust on him by his ene- 168 MARTIN VAN BUREN. mies. In his letter he announced that Jackson had con sented to stand for reelection ; and that, " without a total disregard of the lights of experience," he could not shut his eyes to the unfavorable influence which his continu ance in the cabinet might have upon Jackson's own can vass in 1832. In accepting the resignation Jackson declared the reasons which the letter had presented too strong to be disregarded, thus practically assenting to Van Buren's candidacy to succeed him. Jackson looked with sor row, he said, upon the state of things Van Buren had described. But it was " but an instance of one of the evils to which free governments must ever be liable," an evil whose remedy lay " in the intelligence and public spirit of " their " common constituents," who would cor rect it ; and in that belief he found " abundant consola tion." He added that, with the best opportunities for observing and judging, he had seen in Van Buren no other desire than " to move quietly on in the path of" his duties, and " to promote the harmonious conduct of pubhc affairs." " If on this point," he apostrophized the departing premier, "you have had to encounter detraction, it is but another proof of the utter insuffi ciency of innocence and worth to shield from such as saults." Never was a presidential candidate more adroitly or less dishonorably presented to his party and to the country. For the adroitness lay in the frank avowal of a willingness or desire to be president and a resolution to be a candidate, — for which, so far as their conduct went, his adversaries were really responsible, — and in seizing an undoubted opportunity to serve the public. Quite apart from the sound reason that the secretary of DISSOLUTION OF JACKSON'S CABINET. 169 state should not, if possible, be exposed in dealing with public questions to aspersions upon his motives, as Van Buren was quite right in saying that he would be, it was also clear that the cabinet was unharmonious ; and that its lack of harmony, whatever the facts or wherever the fault, seriously interfered with the public business. The administration and the country, it was obvious, were now approaching the question of nullification, and upon that question it was but patriotic to desire that its mem bers should firmly share the union principles of their chief. Within a few weeks after the dissolution of the cabinet, Jackson seized the opportunity afforded him by an invitation from the city of Charleston to visit it on the 4th of July, to sound in the ears of nullification a ringing blast for the Union. If he could go, he said, he trusted to find in South Carolina " all the men of talent, exalted patriotism, and private worth," however divided they might have been before, " united before the altar of their country on the day set apart for the solemn cele bration of its independence, — independence which can not exist without union, and with it is eternal." The disunion sentiments ascribed to distinguished citizens of the state were, he hoped, if indeed they were accurately reported, " the effect of momentary excitement, not deliberate design." For all the work then performed in defense of the Union, Jackson and his advisers of the time must share with Webster and Clay the gratitude of our own and all later generations. The burst of loyalty in April, 1861, had no less of its genesis in the intrepid front and the political success of the national administration from 1831 to 1833, than in the pathetic and glorious appeals and aspirations of the great ora tors. 170 MARTIN VAN BUREN. Jackson now called to the work Edward Livingston, privileged to perform in it that service of his which deserves a splendid immortality. He became secretary of state on May 24, 1831. Eaton, the secretary of war, voluntarily resigned to become governor of Florida; and Barry, the postmaster-general, who was friendly to the reorganization, was soon appointed minister to Spain, in which post Eaton later succeeded him. Ing ham, Branch, and Berrien, the Calhoun members, were required to resign. The new cabinet, apart from the state department, was on the whole far abler than the old ; indeed, it was one of the ablest of American cabi nets. Below Livingston at the councfl table sat Mc- Lane of Delaware, recalled from the British mission to take the treasury, Governor Cass of Michigan, and Sena tor Woodbury of New Hampshire, secretaries of war and navy. Amos Kendall brought to the post-office his extraordinary astuteness and diligence in administra tion ; and Taney, later the chief justice, was attorney- general. The executive talents of this body of men, loyal as they were to the plans of Jackson and Van Buren, promised, and they afterwards brought, success in the struggle for the principles now adopted by the party, as well as for the control of the government. Van Buren stood as truly for a policy of state as ever stood any candidate before the American people. One finds it agreeable now to escape for a moment from the Washington atmosphere of personal controversy and ambition. It is not to be forgotten, however, that a like atmosphere has surrounded even those political struggles in America, only three or four in number, which have been greater and deeper than that in which Jackson and Van Buren were the chief figures. From SECRETARY OF STATE. 171 this temper of personal controversy and ambition the greatest political benefactors of history have not been free, so inevitable is the mingling with large affairs of the varied personal motives, conscious and unconscious, of those who transact them. When Van Buren left the first place in Jackson's cabinet, the latter, too, at last stood for the definite pol icy which he had but imperfectly adopted when he was elected, and which, as a practical and immediate politi cal plan, it is reasonably safe to assert, was most largely the creation of the sagacious mind of his chief associate. Before Van Buren left Albany he had written to Hamil ton on February 21, 1829, with reference to Jackson's inaugural : " I hope the general will not find it neces sary to avow any opinion upon constitutional questions at war with the doctrines of the Jefferson school. Whatever his views may be, there can be no necessity of doing so in an inaugural address." This shows the doubt, which had been caused by some of Jackson's utterances and votes, of his intelligent and systematic adherence to the political creed preached by Van Buren. Jackson's inaugural was colorless and safe enough. Upon strict construction he said that he should " keep steadily in view the limitations as well as the extent of the executive power ; " that he would be animated by a proper respect for those sovereign members of our Union, taking care not to confound the powers they have reserved to themselves with those they have granted to the confederacy." The bank he did not mention. And upon the living and really great question, to which Van < Buren had given so much study, Jackson said, himself probably having a grim sense of humor at the absurd emptiness of the sentence : " Internal improvement and 172 MARTIN VAN BUREN. the diffusion of knowledge, so far as they can be pro moted by the constitutional acts of the federal govern ment, are of high importance." Very different was the situation when two years later Van Buren left the cabinet. In several state papers of great dignity and ability and yet popular and interest ing in style, Jackson had formulated a political creed closely consistent with that advocated by Van Buren in the senate. Upon internal improvements, Jackson, on May 27, 1830, sent to the house his famous Maysville Road veto. That road was exclusively within the state • of jghig^and not connected with any existing system of improvements. Jackson very well said that if it could be considered national, no further distinction between the appropriate duties of the general and state govern ments need be attempted. He pointed out the tendency of such appropriations, little by httle, to distort the meaning of the Constitution ; and found in former legis lation " an admonitory proof of the force of implication, and that necessity of guarding the Constitution with sleepless vigilance against the authority of precedents which have not the sanction of its most plainly defined powers." In his annual message of December, 1830, he referred to the system of federal subscriptions to pri vate corporate enterprises, saying : " The power which the general government would acquire within the several states by becoming the principal stockholder in corpora tions, controlling every canal and each sixty or hundred miles of every important road, and giving a proportion ate vote to all their elections, is almost inconceivable, and in my view dangerous to the liberties of the people." With these utterances ended the very critical struggle to give the federal government a power which even SECRETARY OF STATE. 173 in those days would have been great, and which, as has already been said, had it continued with the growth of railways, would have enormously and radically changed our system of government. Before he left the senate Van Buren had pronounced against the Bank of the United States ; but Jackson did not mention it in his inaugural. In his first annual message, however, Jackson warned Congress that the charter of the bank would expire in 1836, and that deliberation upon its renewal ought to commence at once. " Both the constitutionality and the expediency of the law creating this bank," he said, " are well ques tioned . . . ; and it must be admitted by all that it has failed in the great end of establishing a uniform and sound currency." This was plain enough for a first utterance. A year later he told Congress that nothing had occurred to lessen in any degree the dangers which many citizens apprehended from that institution as then organized, though he outlined an institution which should be not a corporation, but a branch of the treasury depart ment, and not, as he thought, obnoxiaus to constitutional objections. The removal of the Cherokee Indians from within the state of Georgia he defended by considerations which were practically unanswerable. It was danger ously inconsistent with our political system to maintain within the limits of a state Indian tribes, free from the obligations of state laws, having a tribal independence, and bound only by treaty relations with the United States. It was harsh to remove the Indians ; but it would have been harsher to them and to the white peo ple of the state to have supported by federal arms an Indian sovereignty within its limits. Jackson, with true 174 MARTIN VAN BUREN. Democratic jealousy, refused in his political and execu tive policy to defer to the merely moral weight of the opinion of the supreme court. For in that tribunal political and social exigencies could have but limited force in answering a question which, as the court itself decided, called for a political remedy, which the presi dent and not the court could apply. The tariff might, Jackson declared, be constitutionally used for protective purposes ; but the deliberate policy of his party was now plainly intimated. In his first message he " regretted that the complicated restrictions which now embarrass the intercourse of nations could not by common consent be abolished." In the Mays- ville veto he said that, " as long as the encouragement of domestic manufactures " was " directed to national ends," ... it should receive from him " a temperate but steady support." But this is to be read with the expres sion in the same paper that the people had a right to demand " the reduction of every tax to as low a point as the wise observance of the necessity to protect that portion of our manufactures and labor, whose prosperity is essential to our national safety and independence, will allow." This encouragement was, he said in his inaugu ral, to be given to those products which might be found " essential to our national independence." In his sec ond message he declared " the obligations upon all the trustees of political power to exempt those for whom they act from all unnecessary burdens ; " that " the resources of the nation beyond those required for the immediate and necessary purposes of government can nowhere be so well deposited as in the pockets of the people ; " that " objects of national importance alone ought to be protected ; " and that " of those the produc- SECRETARY OF STATE. 175 tions of our soil, our mines, and our workshops, essential to national defense, occupy the first rank." Other do mestic industries, having a national importance, and which might, after temporary protection, compete with foreign labor on equal terms, merited, he said, the same attention in a subordinate degree. The economic light here was not very clear or strong, but perhaps as strong as it often is in a political paper. Jackson's conclu sion was that the tariff then existing taxed some of the comforts of hfe too highly ; protected interests too local and minute to justify a general exaction ; and forced some manufactures for which the country was not ripe. All this practical and striking growth in political science had taken place during the two years of Jack son's and Van Buren's almost daily intercourse at Wash ington. It is impossible from materials yet made public to point out with precision the latter's handiwork in each of these papers. James A. Hamilton describes his own long nights at the White House on the messages of 1829 and 1830 ; and his were not the only nights of the kind spent by Jackson's friends. Jackson, like other strong men, and like some whose opportunities of educa tion had been far ampler than his, freely used literary assistance, although, with all his inaccuracies, he himself wrote in a vigorous, lucid, and interesting style. But with little doubt the political positions taken in these papers, and which made a definite and lasting creed, were more immediately the work of the secretary of state. The consultations with Van Buren, of which Hamilton tells, are only glimpses of what must continu ally have gone on. At the time of Jackson's inaugura tion Hamilton wrote that the latter's confidence was re posed in men in no way equal to him in natural parts, 176 MARTIN VAN BUREN. but who had been useful to him in covering " his very lamentable defects of education," and whom, through his reluctance to expose these defects to others, he was compelled to keep about him. He added that Van Buren could never reach the same relation which Lewis held with the general, because the latter would " not yield himself so readily to superior as to inferior minds." This was a mistake. Van Buren's personal loyalty to Jackson, his remarkable tact and delicacy, had promptly aroused in Jackson that extraordinary liking for him which lasted until Jackson died. With this ad vantage, Van Buren's clear-cut theories of political con duct were easily lodged in Jackson's naturally wise mind, to whose prepossessions and prejudices they were agreeable, and received there the deference due to the practical sagacity in which Van Buren's obvious political success had proved him to be a master. Van Buren was doubtless greatly aided by the Kitchen Cabinet. He was careful to keep on good terms with those who had so familiar an access to Jackson. Kendall's singular and useful ability he soon discovered. It was at the latter's instance that Kendall was invited to dinner at the White House, where Van Buren paid him special attention. The influence of the members of the Kitchen Cabinet with their master has been much exaggerated. Soon after Lewis was appointed, and in spite of his per sonal intimacy and of his rumored influence with the president, he was, as he wrote to Hamilton, in some anxiety whether he might not be removed ; the presi dent had at least, he said, entertained a proposition to remove him, and was therefore, in view of Jackson's great debt to him, no longer entitled to his " friendship or future support." POLITICAL REMOVALS. 177 Very soon after Van Buren's withdrawal from the cabinet, he was accused of primarily and chiefly causing the official proscription of men for political opinions which began in the federal service under Jackson. From that time to the present the accusation has been care lessly repeated from one writer to another, with little original examination of the facts. It is clear that Van Buren neither began nor caused this demoralizing and disastrous abuse. When he reached Washington in 1829, the removals were in full and lamentable progress. In the very first days of the administration, McLean was removed from the office of postmaster-general to a seat in the supreme court, because, so Adams after an interview with him wrote in his diary on March 14, 1829, " he refused to be made the instrument of the sweeping proscription of postmasters which is to be one of the samples of the promised reform." This was a week or two before Van Buren reached Washington. On the same day Samuel Swartwout wrote to Hoyt from Washington : " No damned rascal who made use of his office or its profits for the purpose of keeping Mr. Adams in, and General Jackson out of power, is entitled to the least lenity or mercy, save that of hanging. . . .Whether or not I shall get anything in the general scramble for plunder remains to be proven ; but I rather guess I shall. ... I know Mr. Ingham slightly, and would rec ommend you to push like a devil, if you expect any thing from that quarter. ... If I can only keep my own legs, I shall do well ; but I 'm darned if I can carry any weight with me." This man, against Van Buren's earnest protest and to his great disturbance, had some of the devil's luck in pushing. He was appointed col lector of customs at New York, — one of the principal 178 MARTIN VAN BUREN. financial offices in the country. It is not altogether unsatisfactory to read of the scandalous defalcation of which he was afterwards guflty, and of the serious injury it dealt his party. The temper which he exposed so ingenuously, filled Washington at the time. Nor did it come only or chiefly from one quarter of the country. Kendall, then fresh from Kentucky, who had been ap pointed fourth auditor, wrote to his wife, with interest ingly mingled sentiments : " I turned out six clerks on Saturday. Several of them have families and are poor. It was the most painful thing I ever did ; but I could not well get along without it. Among them is a poor old man with a young wife and several children. I shall help to raise a contribution to get him back to Ohio. ... I shall have a private carriage to go out with me and bring my whole brood of httle ones. Bless their sweet faces." Van Buren confidentially wrote to Hamilton from Albany in March, 1829 : " If the general makes one removal at this moment he must go on. Would it not be better to get the streets of Washington clear of office- seekers first in the way I proposed ? ... As to the publication in the newspapers I have more to say. So far as depends on me, my course will be to restore by a single order every one who has been turned out by Mr. Clay for political reasons, unless circumstances of a per sonal character have since arisen which would make the reappointment in any case improper. To ascertain that will take a little time. There I would pause." Among the Mackenzie letters is one from Lorenzo Hoyt, describ ing an interview with Van Buren while governor, and then complaining that the latter would " not lend the utmost weight of his influence to displace from office such POLITICAL REMOVALS. 179 men as John Duer," Adams's appointee as United States attorney at New York. If they had been struggling for political success for the benefit of their opponents, he angrily wrote, he wished to know it. He added, how ever, that, from the behavior of the president thus far, he thought Jackson would " go the whole hog." This was before Van Buren reached Washington. In answer to an insolent letter of Jesse Hoyt urging a removal, and telling the secretary of state that there was a " charm attending bold measures extremely fascinating " which had given Jackson all his glory, Van Buren wrote back : " Here I am engaged in the most intricate and important affairs, which are new to me, and upon the successful conduct of which my reputation as well as the interests of the country depend, and which keep me occupied from early in the morning until late at night. And can you think it kind or just to harass me under such circum stances with letters which no man of common sensibility can read without pain ? . . . I must be plain with you. . . . The terms upon which you have seen fit to place our intercourse are inadmissible." Ingham, Jackson's secretary of the treasury, the next day wrote to this typical office-seeker that the rage for office in New York was such that an enemy menacing the city with deso lation would not cause more excitement. He added, speaking of his own legitimate work : " These duties cannot be postponed ; and I do assure you that I am compelled daily to file away long lists of recommenda tions, etc., without reading them, although I work 18 hours out of the 24 with all diligence. The appoint ments can be postponed ; other matters cannot ; and it was one of the prominent errors of the late administra tion that they suffered many important public interests 180 MARTIN VAN BUREN. to be neglected, while they were cruising about to secure or buy up partisans. This we must not do." Benton, friendly as he was to Jackson, condemned the system of removals ; and his fairness may well be trusted. He said that in Jackson's first year (in which De Tocqueville, whom he was answering, said that Jackson had removed every removable functionary) there were removed but 690 officers through the whole United States for all causes, of whom 491 were post masters : the entire number of postmasters being at the time nearly 8,000. Kendall, reviewing the first three years of Jackson's administration near their expiration, said that in the city of Washington there had been removed but one officer out of seven, and " most of them for bad conduct and character," a statement some of whose significance doubtless depends upon what was " bad character," but which still fairly limits the epithet " wholesale " customarily applied to these removals. In the post-office department, he said, the removals had been only one out of sixteen, and in the whole government but one out of eleven. Kendall was speaking for party purposes ; but he was cautious and precise ; and his statements, made near the time, show how far behind the sudden "clean sweep" of 1861 was this earlier essay in "spoils," and how much exaggeration there has been on the subject. Benton says that in the de partments at Washington a majority of the employees were opposed to Jackson throughout his administration. Of the officers having a judicial function, such as land and claims commissioners, territorial judges, justices in the District of Columbia, none were removed. The readiness to remove was stimulated by the discovery of the frauds of Tobias Watkins, made just after his POLITICAL REMOVALS. 181 removal from the fourth auditor's place, to which Ken dall was appointed. Watkins had been Adams's warm personal friend, so the latter states in his diary, and " an over active partisan against Jackson at the last presidential election." Unreasonable as was a general inference from one of the instances of dishonesty which occur under the best administrations, and a flagrant instance of which was soon to occur under his own administration, it justified Jackson in his own eyes for many really shameful removals. There had doubtless been among office-holders under Adams a good deal of the " offensive partisanship " of our day, many expres sions of horror by subordinate officers at the picture of Jackson as president. All this had angered Jackson, whose imperial temper readily classed his subordinates as servants of Andrew Jackson, rather than as ministers of the public service. Moreover, his accession, as Ben ton not unfairly pointed out, was the first great party change since Jefferson had succeeded the elder Adams. Offices had greatly increased in number. In the pro found democratic change that had been actively operat ing for a quarter of a century, the force of old traditions had been broken in many useful as in many useless things. Great numbers of inferior offices had now become political, not only in New York, but in Penn sylvania, Georgia, and other states. Adams's adminis tration, except in the change of policy upon large ques tions, had been a continuation of Monroe's. He went from the first place in Monroe's cabinet to the presi dency. His secretaries of the treasury and the navy and his postmaster-general and attorney-general had held office under Monroe, the latter three in the very same places. But Jackson thrust out of the presidency 182 MARTIN VAN BUREN. his rival, who had naturally enough been earnestly sustained by large numbers of his subordinates ; and Adams's appointees were doubtless in general followers of himself and of Clay. Jackson's first message contained a serious defense v of the removals. Men long in office, he said, acquired the " habit of looking with indifference upon the public interests," and office became considered " a species of property." " The duties of all public officers," he declared, with an ignorance then very common among Americans, could be " made so plain and simple that men of intelligence may readily qualify themselves for their performance." Further, he pointed out that no one man had " any more intrinsic right " to office than i another ; and therefore " no individual wrong " was done by removal. The officer removed, he concluded, with almost a demagogic touch, had the same means of earning a living as " the millions who never held office." In spite of individual distress he wished " rotation in office " to become " a leading principle in the Republican \, creed." Unfounded as most of this is now clearly seen to be, it is certain that the reasoning was convincing to a very large part of the American people. In his own department Van Buren practiced little of the proscription which was active elsewhere. Of seven teen foreign representatives, but four were removed in the first year. Doubtless he was fortunate in having an office without the amount of patronage of the post-office or the treasury. Nothing in his career, however, showed a personal liking for removals. The distribution of offices was not distasteful to him; but his temper was neither proscriptive nor unfriendly. At times even his partisan loyalty was doubted for his reluctance in this, POLITICAL REMOVALS. 183 which was soon deemed an appropriate and even neces sary party work. But Van Buren did not oppose the ruinous and de moralizing system. Powerful as he was with Jackson, wise and far-seeing as he was, he must receive for his acquiescence, or even for his silence, a part of the con demnation which the American people, as time goes on, will more and more visit upon one of the great political offenses committed against their political integrity and welfare. But it must in justice be remembered, not only that Van Buren did not begin, or actively conduct the distribution of spoils ; not only that his acquiescence was in a practice which in his own state he had found well established ; but that the practice in which he thus joined was one which it is probable he could not have fully resisted without his own political destruction, and perhaps the temporary prostration of the political causes to which he was devoted. Though these be palliations and not defenses, the biographer ought not to apply to human nature a rule of unprecedented austerity. In Van Buren's politic yielding there was little, if any, more timidity or time-serving than in the like yielding by every man holding great office in the United States since Jackson's inauguration ; and the worst, the most cor rupting, and the most demoralizing official proscription in America took place thirty-two years afterwards, and under a president who, in wise and exalted patriotism, was one of the greatest statesmen, as he has been per haps the best loved, of Americans, and to whom blame ought to be assigned all the larger by reason of the extraordinary power and prestige he enjoyed, and the moral fervor of the nation behind him, which rendered less necessary this unworthy aid of inferior patronage. 184 MARTIN VAN BUREN. So crowded and interesting were the two years of Van Buren's life in the cabinet with matters apart from the special duties of his office, that it is only at the last, and briefly, that an account can be given of his career as secretary of state. His conduct of foreign affairs was firm, adroit, dignified, and highly successful. It utterly broke the ideal of turbulent and menacing incom petence which the Whigs set up for Jackson's presi dency. He had to solve no difficulty of the very first orders ; for the United States were in profound peace with the whole world. He ])erformed, however, with skill and success two diplomatic services of real impor tance, services which brought deserved and most valu able strength to Jackson's administration. The Ameri can claims for French spoliations upon American ships during the operation of Napoleon's Berlin and Milan decrees had been under discussion for many years. They were now resolutely pressed. In his message of December, 1829, Jackson, doubtless under Van Buren's advice, paid some compliments to " France, our ancient ally ; " but then said very plainly that these claims, unless satisfied, would continue " a subject of unpleas ant discussion and possible collision between the two governments." He politely referred to " the known integrity of the French monarch," Charles X., as an assurance that the claims would be paid. A few months afterwards this Bourbon was tumbled off the French throne ; and in December, 1830, Jackson with increased courtliness, and with a flattering allusion to Lafayette, conspicuous in this milder revolution as he had been in 1789, rejoiced in " the high voucher we possess for the enlarged views and pure integrity " of Louis Philippe. The new American vigor, doubtless aided by the liberal BRITISH COLONIAL TRADE. 185 change in France, brought a treaty on July 4, 1831, under which $5,000,000 was to be paid by France, a result which Jackson, with pardonable boasting, said in his message of December, 1831, was an encouragement " for perseverance in the demands of justice," and would admonish other powers, if any, inclined to evade those demands, that they would never be abandoned. The French treaty came so soon after Van Buren's retire ment from the state department, and followed so natu rally upon the methods of his negotiation, and his instruc tions to Wdham C. Rives, our minister at Paris, that much of its credit belonged to him. In March, 1830, a treaty was made with Denmark requiring the payment of $650,000 for Danish spoliations on American com merce. The effective pressing of these claims was justly one of the most popular performances of the administra tion. Commercial treaties were concluded with Austria in August, 1829 ; with Turkey in May, 1830 ; and with Mexico in April, 1831. But the chief transaction of Van Buren's foreign administration was the opening of trade in American vessels between the United States and the British West Indian colonies. This commerce was then relatively much more important to the United States than in later times ; and it was chiefly by American shipping that American commerce was carried on with foreign countries. The absurd and odious restrictions upon intercourse so highly natural and advantageous to the people of our seaboard and of the British West Indian islands had led to smuggling on a large scale, and were fruitful of international irritations. Retalia tory acts of Congress and Parliament, prohibitive proclamations of our presidents, and British orders in 186 MARTIN VAN BUREN. council, had at different times, since the close of the second British war in 1815, oppressed or prevented honest and profitable trade between neighbors who ought to have been friendly traders. Van Buren found the immediate position to be as follows. In July, 1825, an act of Parliament had allowed foreign vessels to trade to the British colonies upon conditions. To secure for American vessels the benefit of this act, it was necessary that within one year American ports should be open to British vessels bringing the same kind of British or colonial produce as could be imported in American vessels ; that British and American vessels in the trade should pay the same government charges ; that alien duties on British vessels and cargoes, that is, duties not imposed on the like vessels and cargoes owned by Americans, should be suspended ; and that the provi sion of an American law of 1823 limiting the privileges of the colonial trade to British vessels carrying colonial produce to American ports directly from the colonies exporting it, and without stopping at intermediate ports, should be repealed. John Quincy Adams's administra tion had failed within the year to comply with the con ditions imposed by the British law of 1825. In 1826, therefore, Great Britain forbade this trade and inter course in American vessels. Adams retorted with a counter prohibition in March, 1827. And in this unfor tunate position Van Buren found our commercial rela tions with the West Indian, Bahama, and South Ameri can colonies of England. The situation was aggravated by a claim made by the American government in 1823 that American goods should pay in the colonial ports no higher duties than British goods, a protest against British protection to British industry in the British colo- BRITISH COLONIAL TRADE. 187 nies coming with little grace from a country itself main taining the protective system. Adams had sent Galla tin to England to remedy the difficulty, but without success. Van Buren adopted a different method of negotiation. A more conciliatory bearing was assumed towards our traditional adversary. Jackson, in language sounding strangely from his imperious mouth, was made to say in his first message that " with Great Britain, alike dis tinguished in peace and war, we may look forward to years of peaceful, honorable, and elevated competition ; that it is their policy to preserve the most cordial rela tions." These, he said, were his own views ; and such were " the prevailing sentiments of our constituents." In his instructions to McLane, the minister at London, Van Buren, departing widely from conventional diplo macy, expressly conceded that the American govern ment had been wrong in its claim that England should admit to its colonies American goods on as favorable terms as British goods ; that it had been wrong in re quiring British ships bringing colonial produce to come and go directly from and to the producing colonies ; and that it had been wrong in refusing the privileges offered by the British law of 1825. This frank surrender of untenable positions showed the highest skill in negotia tion, a business for which Van Buren was perhaps bet ter equipped than any American of his time. In these points we were " assailable ; " we had " too long and too tenaciously " resisted British rights. After these admissions, it would, he said, be improper for Great Britain to suffer " any feelings that find their origin in the past pretensions of this government to have an adverse influence upon the present conduct of Great 188 MARTIN VAN BUREN. Britain." McLane was to tell the Earl of Aberdeen that " to set up the act of the late administration as the cause of forfeiture of privileges which would otherwise be extended to the people of the United States would, under existing circumstances, be unjust in itself, and could not fad to excite their deepest sensibility." Mc Lane was also to allude to the parts taken by the mem bers, of Jackson's administration in the former treat ment of the question under discussion. And here Van Buren used the objectionable sentence which led to his subsequent rejection by the senate as minister to England, and which through that, such are the curious caprices of politics, led, or at least helped to lead, him to the presidency. He said, " Their views upon that point have been submitted to the people of the United States ; and the counsels by which your conduct is now directed are the result of the judgment expressed by the only earthly tribunal to which the late administration was amenable for its acts." In Van Buren's sagacious desire to emphasize the abandonment of claims preventing the negotiation, he here introduced to a foreign nation the American peo ple as a judge that had condemned the assertion of such claims by Jackson's predecessor. The statement was at least an exaggeration. There was little reason to suppose that Adams's fadure in the negotiation over colonial trade had much, if at all, influenced the election of 1828. Nor was it dignified officially to expose our party contests to foreign eyes. But Van Buren was intent upon success in the negotiation. He could suc ceed where others had failed, only by a strong asser tion of a change in American policy. His fault was at most one of taste in the manner of an assertion right SECRETARY OF STATE. 189 enough and wise enough in itself. Nor were these celebrated instructions lacking in firmness or dignity. Great Britain was clearly warned that she must then decide for all time whether the hardships from which her West Indian planters suffered should continue ; and that the United States would not " in expiation of sup posed past encroachments " repeal their laws, leaving themselves " wholly dependent upon the indulgence of Great Britain," and not knowing in advance what course she would follow. In his speech in the senate in February, 1827, Van Buren had clearly stated the general positions which he took in this famous despatch. It is rather curious, however, that he found occasion then to say upon this very subject what he seemed afterwards to forget, that " in the collisions which may arise be tween the United States and a foreign power, it is our duty to present an unbroken front ; domestic differences, if they tend to give encouragement to unjust preten sions, should be extinguished or deferred ; and the cause of our government must be considered as the cause of our country." So easy it is to advise other men to be bold and firm. McLane's long and very able letter to the British foreign secretary closely followed his instructions. Lord Aberdeen was frankly told that the United States had committed " mistakes " in the past ; and that the " American pretensions " which had prevented a former arrangement would not be revived. The negotiation was entirely successful. In October, 1830, the president, with the authorization of Congress, declared American ports open to British vessels and their cargoes coming from the colonies, and that they should be subject to the same charges as American vessels coming from 190 MARTIN VAN BUREN. the same colonies. In November a British order in council gave to American vessels corresponding privi leges. On January 3, 1831, Jackson sent to the senate the papers, including Van Buren's letter of instructions. No criticism was made upon their tenor ; and the public, heedless of the phrases used in reaching the end, rejoiced in a most beneficent opening of commerce. CHAPTER VII. MINISTER TO ENGLAND. VICE-PRESIDENT. ELECTION TO THE PRESIDENCY. In the summer of 1831 Van Buren knew very well the strong hold he had upon his party, the entire and almost affectionate confidence which he enjoyed from Jackson, and the prestige which his political and offi cial success had brought him. But to the country, as he was weU aware, he seemed also to be, as he was, a politician, obviously skflled in the art, and an avowed candidate for the presidency. His conciliatory bearing, his abstinence from personal abuse, his freedom from personal animosities, all were widely declared to be the mere incidents of constant duplicity and intrigue. The absence of proof, and his own explicit denial and appeal to those who knew the facts, did not protect him from the belief of his adversaries — a belief which, without examination, has since been widely adopted — that to prostrate. a dangerous rival he had promoted the quarrel between Jackson and Calhoun. McLane, the minister at London, wished to come home, and was to be the new secretary of the treasury. Van Buren gladly seized the opportunity. He would leave the field of political management. Three thousand miles in distance and a month in time away from Washington or New York, there could, he thought, be little pretense of personal manoeuvres on his part. He would thus plainly submit 192 MARTIN VAN BUREN. his candidacy to popular judgment upon his public career, without interference from himself. He would escape the many embarrassments of every politician upon whom demands are continually made, — demands whose rejection or allowance alike brings offense. The English mission was prominently in the public service, but out of its difficulties ; and it was made particularly grateful to him by his success in the recent negotiation over colonial trade. He therefore accepted the post, for which in almost every respect he had extraordinary- equipment. He finally left the state department in June, 1831 ; and on his departure from Washington Jackson conspicuously rode with him out of the city. On August 1st, he was formally appointed minister to Great Britain ; and in September he arrived in London, accompanied by his son John. Van Buren found Washington Irving presiding over the London legation in McLane's absence as charge d'affaires. Irving's appointment to be secretary of lega tion under McLane had been one of Van Buren's early acts, — a proof, Irving wrote, " of the odd way in which this mad world is governed, when a secretary of state of a stern republic gives away offices of the kind at the rec ommendation of a jovial little man of the seas hke Jack Nicholson." But this was jocose. When the appoint ment was suggested, it was particularly pleasant to Van Buren that this graceful and gentle bit of patronage should be given by so grim a figure as Jackson. Irving had come on from Spain, his " Columbus " just finished, and his " Alhambra Tales " ready for writing. His ex traordinary popularity in England and his old familiarity with its life made him highly useful to the American minister, as Van Buren himself soon found. It was not MINISTER TO ENGLAND. 193 the last time that Englishmen respected the republic of the west the more because the respect carried with it an homage to the republic of letters. Irving's was an early one of the appointments which established the agreeable tradition of the American diplomatic and consular ser vice, that literary men should always hold some of its places of honor and profit. When Van Buren arrived, Irving was already weary of his post and had resigned. He remained, however, with the new minister until he too surrendered his office. The two men became warm and lifelong friends. The day after Van Buren's ar rival Irving wrote : "I have just seen Mr. Van Buren, and do not wonder you should all be so fond of him. His manners are most amiable and ingratiating ; and I have no doubt he will become a favorite at this court." After an intimacy of several months he wrote : " The more I see of Mr. Van Buren, the more I feel confirmed in a strong personal regard for him. He is one of the gentlest and most amiable men I have ever met with ; with an affectionate disposition that attaches itself to those around him, and wins their kindness in return." After a few months of the charming life which an American of distinction finds open to him in London, a life for whose duties and whose pleasures Van Buren was happily fitted,1 there came to him an extraordinary and enviable delight. He posted through England in an open carriage with the author of the " Sketch Book " and " Bracebridge HaU." From those daintiest sources he 1 A month or two after his arrival Van Buren wrote Hamilton that his place was decidedly the most agreeable he had ever held, but added : "Money — money is the thing." His house was splendid and in a delightful situation ; but it cost him £500. His carriage cost him £310, and his servants with their board $2,600. 194 MARTIN VAN BUREN. had years before got an idea of English country life, and of the festivities of an old-fashioned English Christmas ; and now in an exquisite companionship the idea became more nearly clothed with reality than happens with most literary enchantments. After Oxford and Blenheim ; after quartering in Stratford at the little inn of the Red Horse, where they " found the same obliging little land lady that kept it at the time of the visit recorded in the ' Sketch Book ' ; " after Warwick Castle and Kenilworth and Lichfield and Newstead Abbey and Hardwick Castle ; after a fortnight at Christmas in Barlborough Hall, — "a complete scene of old English hospitality," with many of the ancient games and customs then obso lete in other parts of England ; after seeing there the " mummers and morris dancers and glee singers ; " after " great feasting with the boar's-head crowned with holly, the wassail bowl, the yule-log, snapdragon, etc. ; " — after all these delights, inimitably told by his companion, Van Buren returned to London, but not for long. He there enjoyed the halcyon days which the brilliant society of London knew, when George IV. had just left the throne to his undignified but good-hearted and jovial brother ; when Louis Philippe had found a bourgeois crown in France and the condescending approval of England ; when Wellington was the first of Englishmen ; when Prince Talleyrand, his early republicanism and sacri leges not at all forgotten, but forgiven to the prestige of his abilities and the splendid fascinations of his society, was the chief person in diplomatic life ; when the Wizard of the \North\ though broken, and on his last and vain trip to the Mediterranean for health, still lingered in London, one of its grand figures, and sadly recalled to Irving the times when they " went over the Eildon hills MINISTER TO ENGLAND. 195 together ; " when Rogers was playing Maecenas and Catullus at breakfast-tables of poets and bankers and noblemen. It was amid this serene, shining, and magical translation from the politics at home that Van Buren received the rude and humiliating news of his rejection by the senate ; for his appointment had been made in recess, and he had left without a confirmation. One evening in February, 1832, before attending a party at Talleyrand's, Van Buren learned of the rejec tion, as had all London which knew there was an Amer ican minister. He was half ill when the news came ; but he seemed imperturbable. Without shrinking he mixed in the splendid throng, gracious and easy, as if he did not know that his official heart would soon cease to beat. Lord Auckland, then president of the board of trade and afterwards governor-general of India, said to him very truly, and more prophetically than he fancied : " It is an advantage to a public man to be the subject of an outrage." Levees and drawing-rooms and state dinners were being held in honor of the queen's birthday. After a doubt as to the more decorous course, he kept the tenor of diplomatic life until he ceased to be a minister ; and Irving said that, " to the credit of John Bull," he " was universally received with the most marked attention," and " treated with more respect and attention than before by the royal family, by the mem bers of the present and the old cabinet, and the different persons of the diplomatic corps." On March 22, 1832, he had his audience of leave ; two days later he dined with the king at Windsor ; and about April 1st left for Holland and a continental trip, this being, so he wrote a committee appointed at an indignation meetrhg in Tammany Hall, " the only opportunity " he should probably ever have for the visit. 196 MARTIN VAN BUREN. Van Buren's despatches from England, now preserved in the archives of the state department, are not nu merous. They were evidently written by a minister who was not very busy in official duties apart from the social and ceremonial life of a diplomat. Some of them are in his own handwriting, whose straggling carelessness is quite out of keeping with the obvious pains which he bestowed upon every subject he touched, even those of seemingly slight consequence. Inter spersed with allusions to the northeastern boundary ques tion, and with accounts of his protests against abuses practiced upon American ships in British ports, and of the spread of the cholera, he gave English political news and even gossip. He discussed the chances of the reform bill, rumors of what the ministry would do, and whether the Duke of Wellington would yield. Van Buren participated in no important dispute, although before surrendering his post he presented one of the hateful claims which American administrations of both parties had to make in those days. This was the de mand for slaves who escaped from the American brig " Comet," wrecked in the Bahamas, on her way from the Potomac to New Orleans, and who were declared free by the colonial authorities. It is safe to believe that Secretary Livingston read the more interesting of these letters at the W7hite House. Van Buren discreetly lightened up some oi the diplomatic pages with passages very agreeable to Jackson. In describing his presentation to William IV., he told Livingston that the king had formed the highest esti mate of Jackson's character, and repeated the royal remark " that detraction and misrepresentation were the common lot of all public men." Of the president's REJECTION BY THE SENATE. 197 message of December, 1831, he wrote that few in Eng land refused to recognize its ability or the " distin guished talents of the executive by whose advice and labors " the affairs " of our highly favored country " had been " conducted to such happy results." On July 5, 1832, Van Buren arrived at New York, having several weeks before been nominated for the vice-presidency. He declined a public reception, he said, because, afflicted as New York was with the chol era, festivities would be discordant with the feelings of his friends ; and a few days later he was in Washing ton. Congress was in session, debating the tariff bill ; and he quickly enough found it true, as he had already believed, that his rejection had been a capital blunder of his enemies. The rejection occurred on January 25, 1832. Jackson's nomination had gone to the senate early in December, but the opposition had hesitated at the responsibility for the affront. The debate took place in secret session, but the speeches were promptly made public for their effect on the country. Clay and Web ster, the great leaders of the Whigs, and Hayne, the eloquent representative of the Calhoun Democracy, and others, spoke against Van Buren. Clay and Webster based their rejection upon his language in the despatch to McLane, already quoted. Webster said that he would pardon almost anything where he saw true patri otism and sound American feeling ; but he could not forgive the sacrifice of these to party. Van Buren, with sensible and skillful foresight, had frankly admit ted that we had been wrong in some of our claims ; and GaUatin, it was afterwards shown from his original despatch to Clay, had expressly said the same thing. But in a bit of buncombe Webster insisted that no 198 MARTIN VAN BUREN. American minister must ever admit that his country had been wrong. " In the presence of foreign courts," he solemnly said, " amidst the monarchies of Europe, he is to stand up for his country and his whole country ; that no jot nor tittle of her honor is to suffer in his hands ; that he is not to allow others to reproach either his government or his country, and far less is he him self to reproach either ; that he is to have no objects in his eye but American objects, and no heart in his bosom but an American heart." To say all this, Webster de clared, was a duty whose performance he wished might be heard " by every independent freeman in the United States, by the British minister and the British king, and every minister and every crowned head in Europe." Van Buren's language, Clay said, had been that of an hum ble vassal to a proud and haughty lord, prostrating and degrading the American eagle before the British lion. These cheap appeals fell perfectly flat. If Van Buren had been open to criticism for the .manner in which he pointed out a party change in American administration, the error was, at the worst, committed to preclude a British refusal from finding justification in the offensive attitude previously taken by Adams. In admitting our mistaken " pretensions," Van Buren had been entirely right, barring a slight fault in the word, which did not, however, then seem to import the consciousness of wrong which it carries to later ears. Webster and Clay ought to have known that Van Buren's success where all before had failed would make the American people loath to find fault with his phrases. Nor were they at all ready to believe that Jackson's administration toadied to foreign courts. They knew better ; they were con vinced that no American president had been more reso lute towards other nations. ¦J REJECTION BY THE SENATE. 199 It was also said that Van Buren had introduced the system of driving men from office for political opinions ; that he was a New York politician who had brought his art to Washington. Marcy, one of the New York sen ators, defended his state with these words, which after wards he must have wished to recall : " It may be, sir, that the politicians of New York are not so fastidious as some gentlemen are as to disclosing the principles on which they act. They boldly preach what they practice. When they are contending for victory they avow their intention of enjoying the fruits of it. If they are de feated, they expect to retire from office ; if they are successful, they claim, as a matter of right, the advan tages of success. They see nothing wrong in the rule that to the victor belong the spoils of the enemy." To this celebrated and execrable defense Van Buren owes much of the later and unjust belief that he was an inveterate " spoilsman." It has already been shown how little foundation there is for the charge that he in troduced the system of official proscription. Benton truly said that Van Buren's temper and judgment were both against it, and that he gave ample proofs of his forbearance. Webster did not touch upon this objec tion. Clay made it very subordinate to the secretary's abasement before the British lion. The attack of the Calhoun men was based upon Van Buren's supposed intrigue against their chief, and his breaking up of the cabinet. But people saw then, better indeed than some historians have since seen, that be tween Calhoun and Van Buren there had been great and radical political divergence far deeper than per sonal jealousy. To surrender the highest cabinet office, to leave Washington and aU the places of political man- 200 MARTIN VAN BUREN. agement, in order to take a lower office in remote exile from the sources of political power, — these were not be lieved to be acts of mere trickery, but rather to be parts of a courageous and self-respecting appeal for justice. It seemed a piece of political animosity wantonly to punish a rival with such exquisite humdiation in the eyes of foreigners. There was a clear majority against confirming Van Buren. But to make his destruction the more signal, and as Calhoun had no opportunity to speak, enough of the majority refrained from voting to enable the Demo cratic vice-president to give the casting vote for the rejec tion of this Democratic nominee. Calhoun's motive was obvious enough from his boast in Benton's hearing : "It will kill him, sir, kill him dead. He will never kick, sir, never kick." This bit of unaffected nature was refreshing after all the solemnly insincere declara tions of grief which had fallen from the opposition sena tors in performing their duty. The foUy of the rejection was quickly apparent. Ben ton very well said to Moore, a senator from Alabama who had voted against Van Buren, " You have broken a minister and elected a vice-president. The people wiU see nothing in it but a combination of rivals against a competitor." The popular verdict was promptly given. Van Buren had already become a candidate to succeed Jackson five years later ; he was only a pos sible candidate for vice-president at the next election. When the rejection was widely known, it was known almost equally well and soon that Van Buren would be the Jacksonian candidate for vice-president. Meetings were held ; addresses were voted ; the issue was eagerly seized. The Democratic members of the New York REJECTION BY THE SENATE. 201 legislature early in February, 1832, under an inspiration from Washington, addressed to Jackson an expression of their indignation in the stately words which our fathers loved, even when they went dangerously near to bathos. They had freely, they said, surrendered to his call their most distinguished fellow-citizen ; when Van Buren had withdrawn from the cabinet they had beheld in Jack son's continual confidence in him irrefragable proof that no combination could close Jackson's eyes to the cause of his country ; New York would indeed avenge the indignity thus offered to her favorite son ; but they would be unmindful of their duty if they failed to console Jackson with their sympathy in this degradation of the country he loved so well. On February 28th, Jackson replied with no less dignity and with skill and force. He was, he said, — and the whole country believed him, — incapable of tarnishing the pride or dignity of that country whose glory it had been his object to elevate ; Van Buren's instructions to McLane had been his instructions ; American pretensions which Adams's ad ministration had admitted to be untenable had been resigned ; if just American claims were resisted upon the ground of the unjust position taken by his predeces sor, then and then only was McLane to point out that there had been a change in the policy and counsels of the government with the change of its officers. Jack son said that he owed it to the late secretary of state and to the American people to declare that Van Buren had no participation whatever in the occurrences between Calhoun and himself ; and that there was no ground for imputing to Van Buren advice to make the removals from office. He had called Van Buren to the state department not more for his acknowledged talents and 202 MARTIN VAN BUREN. public services than to meet the general wish and , expectation of the Republican party ; his signal ability ' and success in office had fuUy justified the selection ; his own respect for Van Buren's great public and pri vate worth, and his full confidence in his integrity were undiminished. This blast from the unquestioned head of the party prodigiously helped the general movement. The only question was how best to avenge the wrong. It was suggested that Van Buren should return directly and take a seat in the senate, which Dudley would wiUingly surrender to him, and should there meet his slanderers face to face. Some thought that he should have a triumphal entry into New York, without an idea of going into the " senatorial cock-pit " unless he were not to receive the vice-presidency. Others thought that he should be made governor of New York, an idea shadowed forth in the Albany address to Jack son. As a candidate for that place, he would escape the jealousies of Pennsylvania and perhaps Virginia, and augment the local strength of the party in New York. To this it was replied from Washington that they might better cut his throat at once ; that if the Republican party could not, under existing circum stances, make Van Buren vice-president, they need never look to the presidency for him. This was declared to be the unanimous opinion of the cabinet. New York Republicans were begged not to " lose so glorious an op portunity of strengthening and consolidating the party." The people at Albany, it was said, were " mad, ... as if New York can make amends for an insult offered by fourteen states of the Union." In this temper the Republican or Democratic con vention met at Baltimore on May 21, 1832. It was the NOMINATED FOR VICE-PRESIDENT. 203 first national gathering of the party ; and was summoned simply to nominate a vice-president. Jackson's renomi- nation was already made by the sovereign people, which might be justly affronted by the assembling of a body in apparent doubt whether to obey the popular decree. National conventions were inevitable upon the failure of the congressional caucus in 1824. The system of separate nominations in different states at irregular times was too inconvenient, too inconsistent with unity of action and a central survey of the whole situation. In 1824 its inconvenience had been obvious enough. In 1828 circumstances had designated both the candi dates with perfect certainty ; and isolated nominations in different parts of the country were then in no danger of clashing. It has been recently said that the conven tion of 1832 was assembled to force Van Buren's nomination for vice-president. But it is evident from the letter which Parton prints, written by Lewis to Ken dall on May 25, 1831, when the latter was visiting Isaac HiU, the Jacksonian leader in New Hampshire, that the convention was even then proposed by " the most judicious " friends of the administration. It was suggested as a plan " of putting a stop to partial nomi nations " and of " harmonizing " the party. Barbour, Dickinson and McLane were the candidates discussed in this letter ; Van Buren was not named. He was about safling for England; and although an open candidate for the presidential succession after Jackson, he was not then a candidate for the second office. The ascription of the convention to management in his behalf seems purely gratuitous. Upon this early invitation, the New Hampshire Democrats called the convention. One of them opened its session by a brief speech alluding to 204 MARTIN VAN BUREN. the favor with which the idea of the convention had met, " although opposed by the enemies of the Demo cratic party," as the Republican party headed by Jack son was now perhaps first definitely called. He said that " the coming together of representatives of the peo ple from the extremity of the Union would have a ten dency to soothe, if not to unite, the jarring interests ; " and that the people, after seeing its good effects in con ciliating the different and distant sections of the coun try, would continue the mode of nomination. This natural and sensible motive to strengthen and solidify the party is ample explanation of the convention, with out resorting to the rather worn charge brought against so many political movements of the time, that they arose from Jackson's dictatorial desire to throttle the sentiment of his party. In making nominations the convention resolved that each state should have as many votes as it would be entitled to in the electoral college. To assure what was deemed a reasonable approach to unanimity, two thirds of the whole number of votes was required for a choice, — a precedent sad enough to Van Buren twelve years later. On the first ballot Van Buren had 208 of the 283 votes. Virginia, South Carolina, Indiana, and Kentucky, with a few votes from North Carolina, Alabama, and Illinois, were for Philip P. Bar bour of Virginia or Richard M. Johnson of Kentucky. The motion, nowadays immediately made, that the nomination be unanimous was not offered ; but after an adjournment a resolution was adopted that inasmuch as Van Buren had received the votes of two thirds of the delegates, the convention unanimously concur " in recom mending him to the people of the United States for their support." NOMINATED FOR VICE-PRESIDENT. 205 No platform was adopted. A committee was appoint ed after the nomination to draft an address ; but after a night's work they reported that, although " agreeing fully in the principles and sentiments which they believe ought to be embodied in an address of this description, if such an address were to be made," it still seemed better to them that the convention recommend the several delegations " to make such explanations by address, report, or otherwise to their respective constitu ents of the objects, proceedings, and result of the meet ing as they may deem expedient." This was a franker intimation than those to which we are now used, that the battle was to be fought in each state upon the issue best suited to its local sentiments ; and was entitled to quite as much respect as meaningless platitudes adopted lest one state or another be offended at something explicit. Jackson's firm and successful foreign policy, his opposition to internal improvements by the federal government, his strong stand against nuUification, his opposition to the United States Bank, — from the battle over whose rechartering, precipitated by Clay early in 1832 to embarrass Jackson, the latter had not shrunk, — and above all Jackson himself, these were the real planks of the platform. But the party wanted the votes of Pennsylvania Jacksonians who believed in the Bank and of western Jacksonians who wished federal aid for roads and canals. The great tariff debate was then going on in Congress ; and the subject seemed full of danger. The election was like the usual English can vass on a parliamentary dissolution. The country was merely asked without specifications : Do you on the whole like Jackson's administration ? There is no real ground for the supposition that 206 MARTIN VAN BUREN. intrigue or coercion was necessary to procure Van Buren's nomination. It was dictated by the simplest and plainest political considerations. Calhoun was in opposition. After Jackson, Van Buren was clearly the most distinguished and the ablest member of the administration party ; he had rendered it services of the highest order ; he was very popular in the most important state of New York ; he was abroad, suffering from what Irving at the time truly called " a very short sighted and mean-spirited act of hostility." The affront had aroused a general feeling which would enable Van Buren to strengthen the ticket. In his department had been performed the most shining achievements of the administration. To the politicians about Jackson, and very shrewd men they were, Van Buren's succession to Jackson promised a firmer, abler continuance of the ad ministration than that of any other public man. Could he indeed have stayed minister to England, he would have continued a figure of the first distinction, free from local and temporary animosities and embarrassments. From that post he might perhaps, as did a later Democratic statesman, most easily have ascended to the presidency ; the vice-presidency would have been unnecessary to the final promotion. But after the tremendous affront dealt him by Calhoun and Clay, his tame return to pri vate life would seem fatal. He must reenter public life. And no reentry, it was plain, could be so striking as a popular election to the second station in the land, nomi nal though it was, and in taking it to displace the very enemy who had been finally responsible for the wrong done him. A month after his return Van Buren formally accepted the nomination. The committee of the convention had NOMINATED FOR VICE-PRESIDENT. 207 assured him that if the great Republican party con tinued faithful to its principles, there was every reason to congratulate him and their illustrious president that there was in reserve for his wounded feelings a just and certain reparation. Van Buren said in reply that previ ous to his departure from the United States his name had been frequently mentioned for the vice-presidency ; but that he had uniformly declared himself altogether unwilling to be considered a candidate, and that to his friends, when opportunity offered, he had given the grounds of his unwillingness. AU this was strictly true. He had become a candidate for the presidential succes sion ; and honorable absence as minister to England secured a better preparation than presence as vice-presi dent amidst the difficulties and suspicions of Washing ton. But his position, he added, had since that period been essentiaUy changed by the circumstance to which the committee had referred, and to which, with some excess of modesty he said, rather than to any superior fitness on his part, he was bound to ascribe his nomina tion. He gratefully received this spontaneous expres sion of confidence and friendship from the delegated democracy of the Union. He declared it to be fortu nate for the country that its public affairs were under the direction of one who had an early and inflexible devotion to republican principles and a moral courage which distinguished him from all others. In the con viction, he said, that on a faithful adherence to these principles depended the stability and value of our con federated system, he humbly hoped lay his motive, rather than any other, for accepting the nomination. This rather clumsy affectation of humdity would have been more disagreeable had it not been closely asso- 208 MARTIN VAN BUREN. ciated with firm and manly expressions, and because it was so common u formality in the political vernacular of the day. In treating the people as the sovereign, there were adopted some of the rhetorical extravagances used by attendants upon monarchs. On October 4, 1832, Van Buren, upon an interroga tion by a committee of a meeting at Sliocco Springs, North Carolina, wrote a letter upon the tariff. He said that he believed " the establishment of commercial regu lations with a view to the encouragement of domestic products to be within the constitutional power of Con gress." But as to what should be the character of the tariff he indulged in the generalities of a man who has opinions which he does not think it wise or timely to exhibit. He did not wish to see the power of Congress exercised with " oppressive inequality " or " for the advantage of one section of the Union at the expense of another." The approaching extinguishment of the national debt presented an opportunity for a " more equitable adjustment of the tariff," an opportunity already embraced in the tariff of 1832. whose spirit as " a conciliatory measure " he trusted would be cherished by all who preferred public to private interests. These vague expressions would have fitted either a revenue reformer or an extreme protectionist. Both disbelieved, or said they did, in oppression and inequality. With a bit of irony, perhaps unconscious, he added that he had been thus " explicit " in the statement of his sentiments that there might not be room for misapprehension of his views. He did, however, in the letter approve " a reduction of the revenue to the wants of the govern ment," and " a preference in encouragement given to such manufactures as are essential to the national NOMINATED FOR VICE-PRESIDENT. 209 defense, and its extension to others in proportion as they are adapted to our country and of which the raw material is produced by ourselves." The last phrase probably hinted at Van Bm-en's position. He believed ' in strictly limiting protective duties, although he had voted for the tariff of 1828. But he told Benton that he cast this vote in obedience to the " demos krateo " principle, that is, because his state required it. He again spoke strongly against the policy of internal improve ments, and the " scrambles and combinations in Con gress " unavoidably resulting from them. He was '• unreservedly opposed " to a renewal of the charter of tlie Bank, and equally opposed to nullification, which involved, he believed, the " certain destruction of the confederacy." A few days later he wrote to a committee of " demo cratic-republican young men " in New York of the peculiar hatred and contumely visited upon him. In vectives against other men, he said, were at times sus pended ; but he had never enjoyed a moment's respite since his first entrance into pubhc life. Many distin guished pubhc men had, he added, been seriously injured by favors from the press ; but there was scarcely an instance in which the objects of its obloquy had not been raised in public estimation in exact proportion to the intensity and duration of ±he abuse. Both the letter from the Baltimore convention and Van Buren's reply aUuded to " diversity of sentiments and interests," disagreements •' as to measures and men " among the Repubhcans. The secession of Cal houn and the bitter hostility of his friends seriously weakened the party. But against this was to be set the Anti-Masonic movement which drew far more largely 210 MARTIN VAN BUREN. from Jackson's opponents than from his supporters, for Jackson was a Mason of a high degree. This strange agitation had now spread beyond New York, and se cured the support of reaUy able men. Judge McLean of the Supreme Court desired the Anti-Masonic nomina tion ; WiUiam Wirt, the famous and accomplished Vir ginian, accepted it. John Quincy Adams would probably have accepted it, had it been tendered him. He wrote in his diary : " The dissolution of the Masonic institu tion in the United States I believe to be reaUy more important to us and our posterity than the question whether Mr. Clay or General Jackson shaU be the presi dent." In New York the National Republicans or Whigs, with the eager and silly leaning of minority parties to political absurdities or vagaries, united with the Anti-Masons, among whom William H. Seward and Thurlow Weed had become influential. In 1830 they had supported Francis Granger, the Anti-Masonic candi date for governor. In 1832 the Anti-Masons in New York nominated an electoral ticket headed by Chan cellor Kent, whose bitter, narrow, and uninteUigent poli tics were in singular contrast with his extraordinary legal equipment and his professional and literary accomplish ments, and by John C. Spencer, lately in charge of the prosecution of Morgan's abductors. If the ticket were successful, its votes were to go to Wirt or Clay, which ever they might serve to elect. Amos EUmaker of Pennsylvania was the Anti-Masonic candidate for vice- president. In December, 1831, Clay had been nomi nated for president with the loud enthusiasm which poli ticians often mistake for widespread conviction. John Sergeant of Pennsylvania was the candidate for vice- president. The Whig convention made the Bank re- ELECTION OF 1832. 211, charter the issue. The very ably conducted Young Men's National Republican Convention, held at Wash ington in May, 1832, gave Clay a noble greeting, made pilgrimage to the tomb of Washington there to seal their solemn promises, and adopted a clear and brief platform for protection, for internal improvements by the federal government, for the binding force upon the coordinate branches of the government of the Supreme Court's opin ions as to constitutional questions, not only in special cases formaUy adjudged, but upon general principles, and against the manner in which the West Indian trade had been recovered. They declared that " indiscrimi nate removal of public officers for a mere difference of political opinion is a gross abuse of power, corrupting the morals and dangerous to the liberties of the people of this country." Even more clearly than in the campaign of 1828 was the campaign of 1832 a legitimate political battle upon plain issues. The tariff bill of 1832, supported by both parties and approved by Jackson, prevented the question of protection' from being an issue, however ready the Whigs might be, and however unready the Democrats, to give commercial restrictions a theoretical approval. Except on the " spoils " question, the later opinion of the United States has sustained the attitude of Jackson's party and the popular verdict of 1832. The verdict was clear enough. In spite of the Anti-Masonic fury, the numerous secessions from the Jacksonian ranks, and some alarming journalistic defections, especially of the New York " Courier and Enquirer " of James Watson Webb and Mordecai M. Noah, the people of the United States continued to believe in Jackson and the principles for which he stood. Upon the popular vote Jackson and 212 MARTIN VAN BUREN. Van Buren received 687,502 votes against 530,189 votes for Clay and Wirt combined, a popular majority over both of 157,313. In 1828 Jackson had had 647,276 votes and Adams 508,064, a popular majority of 139,212. The increase in Jackson's popular majority over two candidates instead of one was particularly significant in the north and east. The majority in New York rose from 5,350 to 13,601. In Maine a minority of 6,806 became a majority of 6,087. In New Hampshire a minority of 3,212 became a majority of 6,476. In Mas sachusetts a minority of 23,860 was reduced to 18,458. In Rhode Island and Connecticut the minorities were reduced. In New Jersey a minority of 1,813 became a majority of 463. The electoral vote was even more heavily against Clay. He had but 49 votes to Jackson's 219. Wirt had the 7 votes of Vermont, while South Carolina, beginning to step out of the Union, gave its 11 votes to John Floyd of Virginia. Clay carried only Massachusetts, Rhode Island, Connecticut, Delaware, a part of Maryland, and his own affectionate Kentucky. Van Buren received for vice-president the same electoral vote as Jackson, except that the 30 votes of Pennsyl vania went to Wilkins, a Pennsylvanian. Sergeant had the same 49 votes as Clay, Ellmaker the 7 votes of Ver mont, and Henry Lee of Massachusetts the 11 votes of South Carolina.1 1 In estimating the popular vote in 1S2S, Delaware and South Carolina are excluded, their electors having been chosen by the legislature. In Georgia in that year there was no opposition to Jackson. In 1832 no popular vote is included for South Carolina or for Alabama. In Mississippi and Missouri there was no oppo sition to Jackson. In 1S2SI, upon Van Buren's recommendation when governor, the system of choosing eleotors by districts, which had been in force in the election of 1!^, was abolished ; and VICE-PRESIDENT. 213 This popular triumph brought great glory to Jackson's second inauguration. The glory was soon afterwards made greater and almost universal by his bold attack upon nullification, and by the vigorous and ringing yet dignified and even pathetic proclamation of January, 1833, drafted by Edward Livingston, in which the presi dent commanded obedience to the law and entreated for loyalty to the Union. It could not be overlooked that the treasonable attitude of South Carolina had been taken by the portion of the Democratic party hostile to Van Buren. In a pecuhar way therefore he shared in Jack son's prestige. The election seemed to clarify some of the views of the administration. They now dared to speak more ex plicitly. On his way to the inauguration, Van Buren, declining a dinner at Phdadelphia, recited with approval what he called Jackson's repeated and earnest recom mendations of " a reduction of duties to the revenue standard." In his second inaugural Jackson said that there should be exercised " by the general government those powers only that are clearly delegated." In his message of December, 1833, he again spoke of " the im portance of abstaining from aU appropriations which are not absolutely required for the public interests, and authorized by the powers clearly delegated to the United States ; " and this he said with the more emphasis be cause under the compromise tariff of 1833 a large de crease in revenue was anticipated. In September, 1833, was announced Jackson's refusal longer to deposit the moneys of the government with the Bank of the United States. It is plain that the there was adopted the present system of choosing all the electors by the popular vote of the whole state. 214 MARTIN VAN BUREN. dangers of the proposed deposits of the moneys in tlie state banks were not appreciated. Van Buren at first opposed this so-called " removal of tlie deposits." Ken dall tells of an interview with the vice-president not long after his inauguration, and whde he was a guest at the White House. Van Buren then warmly remonstrated against the continued agitation of tlie subject, after the resolution of the lower house at the last session that the government deposits were safe with the banks. Kendall rephed that so certain to his mind was the success of the Whig party at the next presidential election and the consequent recharter of tlie Bank, unless it were now stripped of the power which the charge of the public moneys gave it, that if the Bank were to retain the de posits he should consider further opposition useless and would lay down his pen, leaving to others this question and aU other politics. " I can live," he said to the vice- president, " under a corrupt despotism as well as any other man by keeping out of its way, which I shall cer tainly do." They parted in excitement. A few weeks later Van Buren confessed to Kendall, '¦ I had never thought seriously upon the deposit question until after my conversation with you ; I am now satisfied that you were right and I was wrong." Kendall was sent to ascertain whether suitable state banks would accept the deposits, and on what terms. While in New York Van Buren, with McLane lately transferred from the treasury to the state department, called on him and proposed that the order for the change in the government depositories should take effect on the coming first of January. The date being a month after tlie meeting of Congress, the executive action would seem less defiant ; and in tlie mean time the friends of the administration could be VICE-PRESIDENT. 215 more effectually united in support of the measure. Ken dall yielded to the proposition though against his judg ment, and wrote to the president in its favor. But Jack son would not yield. Whether or not its first inspiration came from Francis P. Blair or Kendall, the removal of the deposits was peculiarly Jackson's own deed. The government moneys should not be left in the hands of the chief enemy of his administration, to be loaned in its discretion, that it might secure doubtful votes in Congress and the support of presses pecuniarily weak. As the Bank's charter would expire within three years, it was pointed out that the government ought to prepare for it by withholding further deposits and gradually drawing out the moneys then on deposit. Van Buren's assent was given, but probably with no enthusiasm. He dis liked the Bank heartily enough. The corrupting danger of intrusting government moneys to a single private cor poration to loan in its discretion was clear. But a sys tem of " pet banks " through the states was too slight an improvement, if an improvement at all. And any change would at least offend and alarm the richer classes.. It is impossible to say what effect upon the re- charter of the Bank and the election of 1836 its continued possession of the deposits would have had. Its tremen dous power over credits doubtless gave it many votes of administration congressmen. Possibly, as Jackson and Blair feared, it might have secured enough to pass a re- charter over a veto. If it had been thus rechartered, it may be doubtful whether the blow to the prestige of the administration might not have been serious enough to elect a Whig in 1836. But it is not doubtful that Van Buren, and not Jackson, was compelled to face the politi cal results of this heroic and imperfect measure. 216 MARTIN VAN BUREN. Some financial disturbance took place in the winter of 1833-1834, which was ascribed by the Whigs to the gradual transfer of the government moneys from the United States Bank and its numerous branches to the state banks. For political effect, this disturbance was greatly exaggerated. Deputations visited Washington to bait Jackson. Memorial after memorial enabled con gressmen to make friends by complimenting the enter prise and beauty of various towns, and to depict the utter misery to which all their industries had been brought, solely by a gradual transference throughout the United States of $10,000,000, from one set of depos itories to another. The removal, Webster said, had produced a degree of evil that could not be borne. " A tottering state of credit, cramped means, loss of property and loss of employment, doubts of the condition of others, doubts of their own condition, constant fear of failures and new explosions, and awful dread of the future " — all these evils, " without hope of improvement or change," had resulted from the removal. Clay was more precise in his absurdity. The property of the country had been reduced, he declared, four hundred mdlions in value. Addressing Van Buren in the vice-president's chair, he begged him in a burst of bathos to repair to the execu tive mansion and place before the chief magistrate the naked and undisguised truth. " Go to him," he cried, " and tell him without exaggeration, but in the language of truth and sincerity, the actual condition of this bleed ing country, ... of the tears of helpless widows no longer able to earn their bread, and of unclad and unfed orphans." Van Buren, in the story often quoted from Benton, while thus apostrophized, looked respect fully and innocently at Clay, as if treasuring up every VICE-PRESIDENT. 217 word to be faithfully borne to the president ; and when Clay had finished, he called a senator to the chair, went up to the eloquent and languishing Kentuckian, asked him for a pinch of his fine maccoboy snuff, and walked away. But this frivolity was not fancied everywhere. At a meeting in Philadelphia it was resolved " that Martin Van Buren deserves and will receive the execra tions of all good men, should he shrink from the respon sibility of conveying to Andrew Jackson the message sent by the honorable Henry Clay." The whole agita tion was hollow enough. Jackson was not far wrong in saying in his letter to Hamilton of January 2, 1834 : " There is no real general distress. It is only with those who live by borrowing, trade on loans, and the gamblers in stocks." The business of the country was not injured by refusing to let Nicholas Biddle and his subordinates, rather than other men, lend for gain ten millions of government money. But business was soon to be injured by permitting the state banks to do the same thing. The change did not, as Jackson thought, " leave all to trade on their own credit and capital without any inter ference by the general government except using its powers by giving through its mint a specie currency." Van Buren took a permanent residence in Washing ton after his inauguration as vice-president. He now held a rank accorded to no other vice-president before or since. He was openly adopted by the American Augustus, and seemed already to wear the title of Caesar. As no other vice-president has been, he was the chief adviser of the president, and as much the second officer of the government in power as in the dignity of his station. His only chance of promotion did not lie in the president's death. That the president should live until 218 MARTIN VAN BUREN. after tho election of 1836 was safely over, Van Buren had every selfish motive as well as many generous motives to desire. His ambition was nowiso disagroo- nble to his chief. To see that ambition satisfied would be grateful to the patriotic and to tho personal wishes of the tempestuous but not erratic old man in tho Whito House. For there was the utmost intimacy and confi dence between the two men. Van Buren bud every reason, personal, political, and jiatriotic, to desire the entire success of tho administration. Ho was not, only the second member of it ; but in his jealous and anxious watch over it he was preserving his own patrimony. His ability and experience were far greater than those of any other of its members. After Taney had been transferred from tho attorney-general's office to the treasury, in September, 1833, to make tlie transfer of tho deposits, Jackson appointed Benjamin V. Butler, Van Buren's intimate friend, his former pupil and part ner, to Taney's place. Louis McLane, Van Buren's predecessor in the mission to England, and his successor, after Edward Livingston, in tho state department, re signed the latter office in the summer of 1834. lie had disapproved Jackson's removal of the deposits j he be lieved it would be unpopular, arid the presidential boo was buzzing in his bonnet. John Forsyth of Georgia, an admirer of Van Buren, and one of his defenders in the senatorial debate at the time of his rejection, then took tho first place in the cabinet. Van Buren accom panied Jackson during part of the latter's visit to the northeast in the summer of 1833, when as tho adversary of nullification his popularity was at its highest, so high indeed that Harvard College, to Adams's disgust, made him a Doctor of Laws. But the exciting events of NOMINATION FOR THE PRESIDENCY. 219 Jackson's second term hardly belong, with the infor mation we yet have, to Van Buren's biography. They have been often and admirably told in the lives of Jack son and Clay, tlie seeming chiefs on the two sides of the long encounter. Van Buren's nomination for tlie presidency, bitter as the opposition to it stiU was, came as matter of course. The large and serious secession of Calhoun and his followers from tlie Jacksonian party was foUowed by the later and wider, and tlie more serious defection of the Democrats, who made a rival Democratic candi date of Hugh L. White, a senator from Tennessee and formerly a warm friend and adherent of Jackson. It was in White's behalf that Davy Crockett wrote, in 1835, his entertaining though scurrilous hfe of Van Buren. Jackson's friendship for Van Buren, Crockett said, had arisen from his hatred to Calhoun, of which Von Buren, who was " secret, sly, selfish, cold, calcu lating, distrustful, treacherous," had taken advantage. Jackson was now about to give up " an old, long-tried faithful friend. Judge White, who stuck to him through all his tribulations, helped to raise his fortunes from the beginning ; adventurers together in a new country. friends in youth and in old age, fought together in tlie same battles, risked the same dangers, starved together in tlie same deserts, merely to gratify tins revengeful feeling." Van Buren was "as opposite to General Jackson as dung is to a diamond." It is difficult, to find any justification for White's can didacy. He was a •modest, dignified senator whose popularity in the Democratic southwest rendered him available to Van Buren's enemies. But neither his abilities nor his services to the pubhc or his party would 220 MARTIN VAN BUREN. have suggested him for the presidency. Doubtless in him as with other modest, dignified men in history, there burned ambition whose fire never burst into flame, and which perhaps for its suppression was the more trouble some. He consented, apparently only for personal rea sons, to head the southern schism from Jackson and Van Buren ; and in his political destruction he paid the penalty usually and justly visited upon statesmen who through personal hatred or jealousy or ambition, break party ties without a real difference of principle. Benton said that White consented to run "because in his advanced age he did the act which, with all old men, is an experiment, and with most of them an unlucky one. He married again ; and this new wife having made an immense stride from the head of a boarding-house table to the head of a senator's table, could see no reason why she should not take one step more, and that compara tively short, and arrive at the head of the presidential table." The Democratic-Republican convention met at Balti more on May 20, 1835, nearly eighteen months before the election. There were over five hundred delegates from twenty-three states. South Carolina, Alabama, and Illinois were not represented. Party organization was still very imperfect. The modern system of precise and proportional representations was not yet known. The states which approved the convention sent delegates in such number as suited their convenience. Maryland, the convention being held in its chief city, sent 183 delegates ; Virginia, close at hand, sent 102 ; New York, although the home of the proposed candidate, sent but 42, the precise number of its electoral votes. Tennessee sent but one ; Mississippi and Missouri, only NOMINATION FOR THE PRESIDENCY. 221 two each. In making the nominations, the delegates from each state, however numerous or few, cast a num ber of votes equal to its representation in the electoral college. The 183 delegates from Maryland cast there fore but ten votes ; while the single delegate from Ten nessee, much courted man that he must have been, cast 15. It was the second national convention of the party. The members assembled at the " place of worship of the Fourth Presbyterian Church." Instead of the firm and now long-recognized opening by the chairman of the national committee provided by the well -geared machinery of our later politics, George Kremer of Pennsylvania first " stated the objects of the meeting." Andrew Stevenson of Virginia, the president, felt it necessary in his opening speech to defend the still novel party insti tution. Efforts, he said, would be made at the approach ing election to divide the Republican party and possibly to defeat an election by the people in their primary col leges. Their venerable president had advised, but in vain, constitutional amendments securing this election to the people, and preventing its falling to the house of representatives. A national convention was the best means of concentrating the popular will, the only defense against a minority party. It was recommended by pru dence, sanctioned by the precedent of 1832, and had proved effectual by experience. They must guard against local jealousies. "What, gentlemen," he said, " would you think of the sagacity, and prudence of that individual who would propose the expedient of cutting up the noble ship that each man might seize his own plank and steer for himself ? " The inquiries must be : Who can best preserve the unity of the Democratic 222 MARTIN VAN BUREN. party? Who best understands the principles and motives of our government ? Who will carry out the principles of the Jeffersonian era and General Jackson's administration ? These demands clearly enough pointed out Van Buren. Prayers were then offered up "in a fervent, feeling manner." The rule requiring two thirds of the whole number of votes for a nomination was again adopted, because " it would have a more imposing effect," though nearly half the convention, 210 to 231, thought a majority was more " according to Democratic princi ples." Niles records that the formal motion to proceed to the nomination caused a smile among the members, so well settled was it that Van Buren was to be the nominee. He received the unanimous vote of the con vention. A strong fight was made for the vice-presi dency between the friends of Richard M. Johnson of Kentucky and William C. Rives of Virginia. The former received barely the two-thirds vote. The Virginia delegation upon the defeat of the latter did what would now be a sacrilegious laying of violent hands on the ark. Party regularity was not yet so chief a deity in the political temple. The Virginians had, they said, an unpleasant duty to perform ; but they would not shrink from it. They would not support Johnson for the vice-presidency ; they had no confidence in his principles or his character ; they had come to the con vention to support principles, not men ; they had already gone as far as possible in supporting Mr. Van Buren, and they would not go further. Not long afterwards Rives left the party. No platform was adopted ; but a committee was appointed to prepare an address to the people. The Whigs nominated General WUliam Henry Har- CANDIDATE FOR THE PRESIDENCY. 223 rison for the presidency and Francis Granger for the vice-presidency. They had but a forlorn hope of direct success. But the secession from the Democratic party of the nullifiers, and the more serious secession in the Southwest headed by White, made it seem possible to throw the election into the house. John Tyler of Vir ginia was the nominee of the bolting Democrats for vice-president upon the ticket with White. The Whigs of Massachusetts preferred their unequaled orator ; for they then and afterwards failed to see, as the admirers of some other famous Americans have failed to see, that other qualities make a truer equipment for the first office of the land than this noble art of oratory. South Caro lina would vote against Calhoun's victorious adversary ; but she would not, in the first instance at least, vote with the Whig heretics. It was a disorderly campaign, lasting a year and a half, and never reaching the supreme excitement of 1840 or 1844. The opposition did not deserve success. It had neither political principle nor discipline. Calhoun described the Van Buren men as "a powerful faction (party it cannot be caUed) held together by the hopes of public plunder and marching under a banner whereon is written ' to the victors belong the spoils.' " There was in the rhetorical exaggeration enough truth perhaps to make an issue. But the political removals under Jack son were only incidentally touched in the canvass. Amos Kendall, then postmaster-general, towards the close of the canvass wrote a letter which, coming from perhaps the worst of Jackson's " spoilsmen," shows how far public sentiment was even then from justifying the political interference of federal officers in elections. Samuel McKean, senator from Pennsylvania, had writ- 224 MARTIN VAN BUREN. ten to Kendall complaining that three employees of the post - office had used the time and influence of their official stations to affect elections, by written communi cations and personal importunities. This, he said, was " a loathsome public nuisance," though admitting that since Kendall became postmaster-general he had given no cause of complaint. Kendall replied on September 27, 1836, that though it was difficult to draw the line between the rights of the citizen and the assumptions of the office-holder, he thought it dangerous to our institu tions that government employees should " assume to direct public opinion and control the results of elections in the general or state government." His advice to members of his department was to keep as clear from political strife as possible, " to shun mere political meet ings, or, if present, to avoid taking any part in their proceedings, to decline acting as members of political committees or conventions." In making appointments he would prefer political friends ; but he " would not remove a good postmaster and honest man for a mere difference of political opinion." The complaints were for offenses committed under his predecessor; one of the three offenders had left the service ; the other two had been free from criticism for seventeen months. There can be little doubt that the standard thus set up in public was higher than the general practice of Kendall or his subordinates ; but the letter showed that public sentiment had not yet grown caUous to this odious abuse. Jackson did not permit the presidential office to re strain him from most vigorous and direct advocacy of Van Buren's claims. He begged Tennessee not to throw herself " into the embraces of the Federalists, the Nullifiers, or the new-born Whigs." They were living, CANDIDATE FOR THE PRESIDENCY. 225 he said, in evil times, when political apostasy had be come frequent, when public men (referring to White, John Tyler, and others who had gone with them) were abandoning principle and their party attachment for selfish ends. To this it was replied that the president's memory was treacherous ; that he had forgotten his early friends, and listened. only "to the voice of flattery and the siren voice of sycophancy." The dissenting Republicans affected to support administration meas ures, but protested against Jackson's dictating the suc cession. They were then, they said, " what they were in 1828, — Jacksonians following the creed of that apostle of liberty, Thomas Jefferson." Without principle as was this formidable secession, it is impossible to feel much more respect for the declara tion of principles made for the Whig candidates. Clay, the chief spokesman, complained that Jackson had killed with the pocket veto the land biU, which proposed to distribute the proceeds of the sales of public lands among the states according to their federal population (which in the South included three fifths of the slaves), to be used for internal improvements, education, or other purposes. He pointed out, with " mixed feelings of pity and ridicule," that the few votes in the senate against the " deposit bill," which was to distribute the surplus among the states, had been cast by administration senators, since deserted by their numerous followers who demanded distribution. He rejoiced that Kentucky was to get a million and a half from the federal treasury. He denounced Jackson's " tampering with the currency " by the treasury order requiring public lands to be paid for in specie and not in bank-notes. Jackson's treat ment of the Cherokees seemed the only point of attack apart from his financial policy. 226 MARTIN VAN BUREN. The real party platforms this year were curiously found in letters of the candidates to Sherrod WiUiams, an individual by no means distinguished. On April 7, 1836, he addressed a circular letter to Harrison, Van Buren, and White, asking each of them his opinions on five points : — Did he approve a distribution of the sur plus revenue among the states according to their federal population, for such uses as they might appoint ? Did he approve a like distribution of the proceeds of the sales of pubhc lands ? Did he approve federal appro priations to improve navigable streams above ports of entry ? Did he approve another bank charter, if it should become necessary to preserve the revenue and finances of the nation ? Did he believe it constitutional to expunge from the records of a house of Congress any of its proceedings ? The last question referred to Ben ton's agitation for a resolution expunging from the rec ords of the senate the resolution of 1834 condemning Jackson's removal of the deposits as a violation of the Constitution. Harrison, for whose benefit the questions were put, returned what was supposed to be the popular affirmative to the first three inquiries. The fourth he answered in the affirmative, and the fifth in the nega tive. Van Buren promptly pointed out to WriUiams that he doubted the right of an elector, who had already determined to oppose him, to put inquiries " with the sole view of exposing, at his own time and the mode he may select, the opinions of the candidate to unfriendly criticism," but nevertheless promised a reply after Con gress had risen. This delay he deemed proper, because during the session he might, as president of the senate, have to vote upon some of the questions. Williams replied that the excuse for delay was " wholly and en- CANDIDATE FOR THE PRESIDENCY. 227 tirely unsatisfactory." Van Buren curtly said that he should wait as he had stated. On August 8, not far from the time nowadays selected by presidential candi dates for their letters of acceptance, Van Buren ad dressed a letter to WUhams, the prolixity of which seems a fault, but which, when newspapers were fewer and shorter, and reading was less multifarious, secured perhaps, from its length, a more ample and deliberate study from the masses of the people. For clearness and explicitness, and for cogency of ar gument, this letter has few equals among those written by presidential candidates. This most conspicuous of Van Buren's preelection utterances has been curiously ignored by those who have accused him of " non-com mittalism." Congress, he said, " does not possess the power under the Constitution to raise money for dis tribution among the states." If a distinction were justi fiable, and of this he was not satisfied, between raising money for such a purpose and the distribution of an unexpected surplus, then the distribution ought not to be attempted without previous amendment of the Con stitution. Any system of distribution must introduce vices into both the state and federal governments. It would be a great misfortune if the distribution biU al ready passed should be deemed a pledge of like legisla tion in the future. So much of the letter has since largely had the approval of American sentiment, and was only too soon emphasized by the miserable results of the biU thus condemned. The utterance was clear and wise ; and it was far more. It was a singularly bold attitude to assume, not only against the views of the opposition, but against a measure passed by Van Buren's own party friends and signed by Jackson, a 228 MARTIN VAN BUREN. measure having a vast and cheap popularity throughout the states which were supposed, and with too much truth, not to see that for what they took out of the federal treasury they would simply have to put so much more in. " I hope and believe," said Van Buren, "that the public voice will demand that this species of legisla tion shaU terminate with the emergency that produced it." To the inquiry whether he would approve a dis tribution among the states of the proceeds of selling the public lands, Van Buren plainly said that if he were elected he would not favor the policy. These moneys, he declared, should be applied " to the general wants of the treasury." To the inquiry whether he would ap prove appropriations to improve rivers above ports of entry, he quoted with approval Jackson's declaration in the negative. He would not go beyond expenditures for light-houses, buoys, beacons, piers, and the removal of obstructions in rivers and harbors below such ports. Upon the bank question, too, he left his interrogator in no doubt. If the people wished a national bank as a permanent branch of their institutions, or if they desired a chief magistrate who as to that would consider it his duty to watch the course of events and give or withhold his assent according to the supposed necessity, then another than himself must be chosen. And he added : " If, on the other hand, with this seasonable, explicit and published avowal before them, a majority of the people of the United States shall nevertheless bestow upon me their suffrages for the office of president, skepticism itself- must cease to doubt, and admit their will to be that there shall not be any Bank of the United States until the people, in the exercise of their sovereign authority, see fit to give to Congress the right to estab- CANDIDATE FOR THE PRESIDENCY. 229 lisli one." It was high time " that the federal govern ment confine itself to the creation of coin, and that the states afford it a fair chance for circulation." With tlie power of either house of Congress to expunge from its records, he pointed out that the president could have no concern. But rather than avoid an answer, he said that he regarded the passage of Colonel Benton's resolu tion as " an act of justice to a faithful and greatly in jured public servant, not only constitutional in itself, but imperiously demanded by a proper respect for the weU- known will of tlie people." This justly famous letter made up for tlie rather jejune and conventional letter of acceptance written a year before. Not concealing his sensitiveness to the charge of intrigue and management. Van Buren had then appealed to the members of the Democratic con vention, to the " editors and politicians throughout the Union " who had preferred him, to his " private corre spondents and intimate friends," and to those, once his " friends and associates, whom tlie fluctuations of politi cal life " had " converted into opponents." No man, he declared, could truly say that he had sohcited politi cal support, or entered or sought to enter into any arrangement to procure him the nomination he had now received, or to elevate him to the chief magistracy. There was no public question of interest upon which his opinions had not been made known by his official acts, his own public avowals, and tlie authorized explanations of his friends. The last was a touch of the frankness which Van Buren used in vain to stop his enemies' accusations of indirectness. Instead of shielding him self, as public men usually and naturaUy do, behind Butler, the attorney-general, and others who had spoken 230 MARTIN VAN BUREN. for him, he directly assumed responsibility for their " explanations." He considered himself selected to carry out the principles and policy of Jackson's adminis tration, " happy," he said, " if I shall be able to perfect the work which he has so gloriously begun." He closed with the theoretical declaration which consistently ran through his chief utterances, that, though he would " exercise the powers which of right belong to the general government in a spirit of moderation and brotherly love," he would on the other hand " religious ly abstain from the assumption of such as have not been delegated by the Constitution." Upon stiU another question Van Buren explicitly de clared himself before the election. In 1835, the year of his nomination, appeared the cloud like a man's hand which was not to leave the sky untd out of it had come a terrific, complete, and beneficent convulsion. Then openly and seriously began the work of the extreme anti-slavery men. Clay pointed out in his speech on colonization in 1836 that " this fanatical class " of abolitionists " were none of your old-fashioned gradual emancipationists, such as Franklin, Rush, and the other wise and benevolent Pennsylvanians who framed the scheme for the gradual removal of slavery." He was right. Many of the new abolitionists were on the verge, or beyond it, of quiet respectability. Educated, intelli gent, and even wealthy as some of them were, the aboli tionists did not belong to the always popular class of well-to-do folks content with the institutions of society. Most virtuous and religious people saw in them only wicked disturbers of the peace. AU the comfortable, philosophical opponents of slavery believed that such wdd and reckless agitators would, if encouraged, pros- THE ABOLITIONISTS. 231 trate the pillars of civilization, and bring in anarchy, bloodshed, and servile wars worse even to the slaves than the wrongs of their slavery. But to the members of the abolition societies which now rose, this was no philosophical or economical question. They were un daunted by the examples of Washington and Jefferson and Patrick Henry, who, whatever they said or hoped against slavery, nevertheless held human beings in bond age ; or of Adams and other northern adherents of the Constitution, who for a season at least had joined in a pact to protect the infamous slave traffic. To them, talk of the sacred Union, or of the great advance which negroes had made in slavery and would not have made in freedom, was idle. With unquenched vision they saw the horrid picture of the individual slave life, not the general features of slavery ; they saw the chain, the lash, the brutahzing and contrived ignorance ; they saw the tearing apart of families, with their love and hope, precisely like those of white men and women, crushed out by detestable cruelty ; they saw the beastly dissolute ness inevitable to the plantation system. Nor would they be stiU, whatever the calm preaching of political wisdom, whatever the sincere and weighty insolence of men of wisdom and uprightness and property. Northern men of 1888 must look with ineffaceable shame upon the behavior of their fathers and grandfathers towards the narrow, fiery, sometimes almost hateful, apostles of human rights ; and with even greater shame upon the talk of the sacred right of white men to make brutes of black men, a right to be treated, as the best of Ameri cans were so fond of saying, with a tender and affection ate regard for the feelings of the white slave-masters. About the same time began the continual presentation 232 MARTIN VAN BUREN. to Congress of petitions for the abolition of slavery, and the foolish but Heaven-ordained attack of slaveholders on the right of petition. The agitation rapidly flaming up was far different from the practical and truly politi cal discussion over the Missouri Compromise fifteen years before. As yet, indeed, the matter was not politically impor tant, except in the attack upon Van Buren made by the southern members of his party. Sixteen years be fore, he had voted against admitting more slave states. He had aided the reelection of Rufus King, a deter mined enemy of slavery. He had strongly opposed Calhoun and the southern nullifiers. In the " Evening Post " and the " Plaindealer " of New York appeared from 1835 to 1837 the reaUy noble series of editorials by WiUiam Leggett, strongly proclaiming the right of free discussion and the essential wrong of slavery ; although sometimes he condemned the fanaticism now aroused as " a species of insanity." The " Post " strongly sup ported Van Buren, and was declared at the South to be his chosen organ for addressing the public. It denied, however, that Van Buren had any " connection in any way or shape with the doctrines or movements of the abolitionists." But such denials were widely disbelieved by the slaveholders. It was declared that he had a deep agency in the Missouri question which fixed upon him a support of abolition ; his denials were answered by the anti-slavery petitions from twenty thousand me morialists in his own state of New York, and by the support brought him by the enemies of slavery. To all this the Whig " dough-faces " listened with entire satis faction. They must succeed, if at all, through southern distrust or dislike of Van Buren. In July, 1834, he had SLAVERY. 233 publicly written to Samuel Gwin of Mississippi that his opinions upon the power of Congress over slave prop erty in the southern states were so weU understood by his friends that he was surprised that an attempt should be made to deceive the public about them; that slavery was in his judgment " exclusively under the control of the state governments ; " that no " contrary opinion to an extent deserving consideration " was entertained in any part of the United States ; and that, without a change of the Constitution, no interference with it in a state could be had " even at the instance of either or of all the slaveholding states." But, it was said, " Tappan, Garrison, and every other fanatic and abolitionist in the United States not entirely run mad, will grant that." And, indeed, Abraham Lincoln was nominated twenty- four years later upon a like declaration of " the right of each state to order and control its own domestic institutions according to its own judgment exclusively." The District of Columbia, however, was one bit of territory in which Congress doubtless had the power to abolish slavery. In our better days it would seem to have been a natural enough impulse to seek to make free sod at least of the capital of the land of freedom. But the District lay between and was completely surrounded by two slave states. Washington had derived its laws and customs from Maryland.- If the District were free while Virginia and Maryland were slave, it was feared with much reason that there would arise most dangerous coUisions. Its perpetual slavery was an unforeseen part of the price Alexander Hamilton had paid to procure the federal assumption of the war debts of the states. In Van Buren's time there was almost complete acquies cence in the proposition that, though slavery had in the 234 MARTIN VAN BUREN. District no constitutional protection, it must stiU be deemed there a part of the institution in Virginia and Maryland. How clear was the understanding may be seen from language of undoubted authority. John Quincy Adams had hitherto labored for causes which have but cold and formal interest to posterity. But now, leaving the field of statesmanship, where his glory had been meagre, and, fortunately for his reputation, with the shackles of its responsibility no longer upon him, the generous and exalted love of humanity began to touch his later years with the abiding splendor of heroic and far-seeing courage. He became the first of the great anti-slavery leaders. He entered for all time the group of men, Garrison, Lovejoy, Giddings, Phillips, Sumner, and Beecher, to whom so largely we owe the second and nobler salvation of our land. But Adams was emphati cally opposed to the abolition of slavery in the District. In December, 1831, the first month of his service in the house, on presenting a petition for such abolition, he de clared that he should not support it. In February, 1837, a few days before Van Buren's inauguration, there oc curred the scene when Adams, with grim and dauntless irony, brought to the house the petition of some slaves against abolition. In his speech then he said : " From the day I entered this house down to the present mo ment, I have invariably here, and invariably elsewhere, declared my opinions to be adverse to the prayer of peti tions which caU for the abolition of slavery in the Dis trict of Columbia." It is a curious but inevitable impeachment of the im partiality of history that for a declaration precisely the same as that made by a great and recognized apostle of anti-slavery, and made by that apostle within a year SLAVERY. 235 after, Van Buren has been denounced as a truckler to the South, a " northern man with southern principles." Van Buren's declaration was made, not like Adams's in the easy freedom of an independent member of Congress from an anti-slavery district, but under the constraint of a presidential nomination partially coming from the South. In the canvass before his election Van Buren gave perfectly fair notice of his intention. " I must go," he said, " into the presidential chair the inflexible and uncompromising opponent of every attempt on the part of Congress to abolish slavery in the District of Columbia against the wishes of the slaveholding states." This was the attitude, not only of Van Buren and Adams, but of every statesman north and south, and of the entire North itself with insignificant exceptions. The former's explicit declaration was doubtless aimed at the pro-slavery jealousy stirred up against himself in the South ; it was intended to have political effect. But it was none the less the unambiguous expression of an opinion sincerely shared with the practically unanimous sense of the country. A skUlf ul effort was made to embarrass Van Buren with his southern supporters over a more difficult ques tion. The anti-slavery societies at the North sought to circulate their literature at the South. So strong an enemy of slavery as William Leggett condemned this as " fanatical obstinacy," obviously tending to stir up at the South insurrections, whose end no one could foresee, and as the fruit of desperation and extravagance. The southern states by severe laws forbade the circulation of the literature. Its receipt from southern post-offices led to great excitement and even violence. In August, 1835, KendaU, the postmaster-general, was appealed to 236 MARTIN VAN BUREN. by the postmaster at Charleston, South Carolina, for ad vice whether he should distribute papers " inflammatory and incendiary and insurrectionary in the highest de gree," papers whose very custody endangered the mail. Kendall, in an extraordinary letter, said he had no legal authority to prohibit the delivery of papers on account of their character, but that he was not prepared to di rect the delivery at Charleston of papers such as were described. Gouverneur, the postmaster at New York, being then appealed to by his Charleston brother, de clined to forward papers mailed by the American Anti- Slavery Society. This dangerous usurpation was de fended upon the principle of salus populi suprema lex. In December, 1835, Jackson called the attention of Congress to the circulation of "inflammatory appeals addressed to the passions of the slaves " (as they used to caU the desire of black men to be free), " calculated to stimulate them to insurrection and to produce aU the horrors of a servile war." A bdl was introduced making it unlawful for any postmaster knowingly to deliver any printed or pictorial paper touching the subject of slavery in states by whose laws their circulation was prohibited. Webster condemned the bill as a federal violation of the freedom of the press. Clay thought it unconstitutional, vague, indefinite, and unnecessary, as the states could lay hold of citizens taking such publications from post- offices within their borders. Benton and other senators, several of them Democrats and seven from slaveholding states, voted against the bill, because they were, so Ben ton said, "tired of the eternal cry of dissolving the Union, did not believe in it, and would not give a re pugnant vote to avoid the trial." The debate did not reach a very exalted height. The question was by no SLAVERY. 237 means free from doubt. Anti-slavery papers probably were, as the southerners said, " incendiary " to their states. Slavery depended upon ignorance and fear. The federal post-office no doubt was intended, as Ken dall argued, to be a convenience to the various states, and not an offense against their codes of morality. There has been little opposition to the present prohibi tion of the use of the post-office for obscene literature, or, to take a better illustration, for the circulars of lot teries which are lawful in some states but not in others. When the bill came to a vote in the senate, although there was reaUy a substantial majority against it, a tie was skUlfully arranged to compel Van Buren, as vice- president, to give the casting vote. White, the southern Democratic candidate so seriously menacing him, was in the senate, and voted for the bill. Van Buren must, it was supposed, offend the pro-slavery men by voting against the bill, or offend the North and perhaps bruise his conscience by voting for it. When the roll was being called, Van Buren, so Benton tells us, was out of the chair, walking behind the colonnade at the rear of the vice-president's seat. Calhoun, fearful lest he might escape the ordeal, eagerly asked where he was, and told the sergeant-at-arms to look for him. But Van Buren was ready, and at once stepped to his chair and voted for the bill. His close friend, Silas Wright of New York, also voted for it. Benton says he deemed both the votes to be political and given from policy. So they probably were. To Van Buren all the fire-eating meas ures of Calhoun and the pro-slavery men were most dis tasteful. He probably thought the bill would do more to increase than allay agitation at the North. Walter Scott, when the prince regent toasted him as the author 238 MARTIN VAN BUREN. of Waverley, feeling that even Royal Highness had no right in a numerous company to tear away the long kept and valuable secrecy of " the great Unknown," rose and gravely said to his host : " Sire, I am not the author of Waverley." There were, he thought, questions which did not entitle the questioner to be told the truth. So Van Buren may have thought there were political inter rogations which, being made for sheer party purposes, might rightfully be answered for like purposes. Since the necessity for his vote was contrived to injure him and not to help or hurt the bill, he probably felt justified so to vote as best to frustrate the design against him. This persuasive casuistry usuaUy overcomes a candidate for great office in the stress of conflict. But lenient as maybe the judgment of party supporters, and distressing as may seem the necessity, the untruth pretty surely returns to plague the statesman. Van Buren never deserved to be called a " northern man with southern principles." But this vote came nearer to an excuse for the epithet than did any other act of his career. The election proved how large was the southern defection. Georgia and Tennessee, which had been almost unanimously for Jackson in 1836, now voted for White. Mississippi, where in that year there had been no opposition, and Louisiana, where Jackson had eight votes to Clay's five, now gave Van Buren majorities of but three hundred each. In North Carolina Jackson had had 24,862 votes and Clay only 4,563 ; White got 23,626 to 26,910 for Van Buren. In Virginia Jackson had three times the vote of Clay ; Van Buren had but one fourth more votes than White. In Benton's own state, so nearly unanimous for Jackson, White had over 7,000 to Van Buren's 11,000. But in the Northeast ELECTED PRESIDENT. 239 Van Buren was very strong. Jackson's majority in Maine of 6,087 became a majority of 7,751 for Van Buren. New Hampshire, the home of HU1 and Wood bury, had given Jackson a majority of 6,376 ; it gave Van Buren over 12,000. The Democratic majority in New York rose from less than 14,000 to more than 28,000, and this majority was rural and not urban. The majority in New York city was but about 1,000. Of the fifty-six counties Van Buren carried forty-two, while nowadays his political successors rarely carry more than twenty. Connecticut had given a majority of 6,000 for Clay ; it gave Van Buren over 500. Rhode Island had voted for Clay ; it now voted for Van Buren. Massachusetts was carried for Webster by 42,247 against 34,474 for Van Buren ; Clay had had 33,003 to only 14,545 for Jackson. But New Jersey shifted from Jackson to Harrison, although a very close state at both elections ; and in Pennsylvania, Ohio, Indiana, and Illi nois Van Buren fell far behind Jackson. The popular vote, omitting South Carolina, where the legislature chose the electors, was as follows : Van Buren . Harrison, White, and Webster . New England. Middle States. South. West. 112,480 106,169 310,203 282,376 141,942 138,059 198,053 209,046 762,678 735,650 The electoral votes were thus divided New- England. Middle States. South. West. Total. Van Buren . Harrison . Webster . White. . . . 29 7 14 72 21 5720 12 45 170 73 14 26 240 MARTIN VAN BUREN Van Buren thus came to the presidency supported by the great Middle States and New England against the West, with the South divided. Omitting the uncon tested reelection of. Monroe in 1820, and the almost uncontested reelection of Jefferson in 1804, Van Buren was the first Democratic candidate for president who carried New England. He had there a clear majority in both the electoral and the popular vote. Nor has any Democrat since Van Buren obtained a majority of the popular vote in that strongly thinking and strongly prejudiced community. Pierce, against the feeble Whig candidacy of Scott, carried its electoral vote in 1852, but by a minority of its popular vote, and only because of the large Free Soil vote for Hale. No other Demo crat since 1852 has had any electoral vote from New England outside of Connecticut. Virginia refused its vote to Johnson, who, in the failure of either candidate to receive a majority of the electoral vote, was chosen vice-president by the senate. When the electoral votes were formally counted be fore the houses of Congress, the result, so contemporary record informs us, was "received with perfect decorum by the house and galleries." Enthusiasm was going out with Jackson, to come back again with Harrison. Van Buren's election was the success of inteUectual convictions, and not the triumph of sentiment. He had come to power, as " the house and galleries " weU knew, in " perfect decorum." Not a single one of the generous but sometimes cheap and fruitless rushes of feeling occasionally so potent in politics had helped him to the White House. Not that he was ungenerous or lacking in feeling. Very far from it; few men have inspired so steady and deep a political attachment ELECTED PRESIDENT. 241 among men of strong character and patriotic aspira tions. But neither in his person nor in his speech or conduct, was there anything of the strong picturesque- ness which impresses masses of men, who must be touched, if at all, by momentary glimpses of great men or by vivid phrases which become current about them. His election was no more than a triumph of disciplined good sense and political wisdom. CHAPTER VIII. CRISIS OF 1837. On March 4, 1837, Jackson and Van Buren rode to gether from the White House to the Capitol in a " beau tiful phaeton " made from the timber of the old frig ate Constitution, the gift to the general from the Demo crats of New York city. He was the third and last president who has, after serving through his term, left office amid the same enthusiasm which attended him when he entered it, and to whom the surrender of place has not been full of those pangs_ which attend sudden loss of power, and of which the certain anticipation ought to moderate ambition in a country so rarely per mitting a long and continuous public career. Washing ton, amid an almost unanimous love and reverence, left a station of which he was unaffectedly weary ; and he was greater out of office than in it. Jefferson and Jackson remained really powerful characters. Neither at Monticello nor at the Hermitage, after their masters had returned, was there any lack of the incense of sin cere popular flattery or of the appeals for the exercise of admitted and enormous influence, in which lies much of the unspeakable fascination of a great public station. Leaving the White House under a still and brilliant sky, the retiring and incoming rulers had such a popu lar and military attendance as without much order or splendor has usually gone up Capitol HiU with our CRISIS OF 1837. 243 presidents. Van Buren's inaugural speech was heard, it is said, by nearly twenty thousand persons ; for he read it with remarkable distinctness and in a quiet air, from the historic eastern portico. He returned from the inauguration to his private residence ; and with a fine deference insisted upon Jackson remaining in the White House until his departure, a few days later, for Tennessee. Van Buren in his own carriage took Jack son to the terminus of the new railway upon which the journey home was to begin. He bade the old man a most affectionate farewell, and promised to visit him at the Hermitage in the summer. The new cabinet, with a single exception, was the same as Jackson's : John Forsyth of Georgia, secretary of state ; Levi Woodbury of New Hampshire, secretary of the treasury ; Mahlon Dickerson of New Jersey, secre tary of the navy ; Kendall, postmaster-general ; and Butler, attorney-general. Joel R. Poinsett, a strong union man among the nullifiers of South Carolina, became secretary of war. Cass had left this place in 1836 to be minister to France, and Butler had since temporarily filled it, as well as his own post of attorney- general. The cabinet had indeed been largely Van Buren's, two years and more before he was president. Van Buren's inaugural address began again with the favorite touch of humdity, but it now had an agreeable dignity. He was, he said, the first president born after the revolution ; he belonged to a later age than his illus trious predecessors. Nor ought he to expect his coun trymen to weigh his actions with the same kind and partial hand which they had used towards worthies of revolutionary times. But he piously looked for the sus taining support of Providence, and the kindness of a 214 MARTIN VAN BUREN. people who had never yet deserted a public servant honestly laboring in their cause. There was the usual congratulation upon American institutions and history. We were, he said, — and the boast though not so delight ful to the taste of a later time was perfectly true, — without a parallel throughout the world "in all the attributes of a great, happy, and flourishing people." Though we restrained government to the " sole legiti mate end of political institutions," we reached the Benthamite " greatest happiness of the greatest num ber," and presented " an aggregate of human prosperity surely not elsewhere to be found." We must, by observ ing the limitations of government, perpetuate a condition of things so singularly happy. Popular government, whose failure had fifty years ago been boldly predicted, had now been found " wanting in no element of en durance or strength." His policy should be " a strict adherence to the letter and spirit of the constitution . . . viewing it as limited to national objects, regarding it as leaving to the people and the states aU power not explicitly parted with." Upon one question he spoke precisely. For the first time slavery loomed up in the inaugural of an American president. It seemed, how ever, at once to disappear from politics in the practically unanimous condemnation of the abolition agitation, an agitation which, though carried on for the noblest pur poses, seemed — for such is the march of human rights — insane and iniquitous to most patriotic and intelli gent citizens. Van Buren quoted the explicit declara tion made by him before the election against the aboli tion of slavery in the District of Columbia without the consent of the slave states, and against " the slightest interference with it in the states where it exists." Not CRISIS OF 1837. 245 a word was said of the extension of slavery in the terri tories. That question still slept under the potion of the Missouri Compromise, to wake with the acquisition of Texas. In Van Buren's declaration there was nothing in the slightest degree inconsistent even with the Repub lican platforms of 1856 and 1860. The inaugural concluded with a fine tribute to Jack son. " I know," Van Buren said, " that I cannot ex pect to perform the arduous task with equal ability and success. But united as I have been in his counsels, a daily witness of his exclusive and unsurpassed devo tion to his country's welfare, agreeing with him in senti ments which his countrymen have warmly supported, and permitted to partake largely of his confidence, I may hope that somewhat of the same cheering approba tion will be found to attend upon my path. For him I but express, with my own, the wishes of aU, that he may yet long live to enjoy the brilliant evening of his weU- spent life." The lucid optimism of the speech was in perfect tem per with this one of those shining and meUow days, which even March now and then brings to Washington. But there was latent in the atmosphere a storm, carry ing with it a singularly furious and complete devastation. In the month before the inauguration, Benton, upon whom Van Buren was pressing a seat in the cabinet, told the president-elect that they were on the eve of an explosion of the paper-money system. But the latter offended Benton by saying : " Your friends think you a little exalted in the head on the subject." And doubt less the prophecies of the bank opponents had been somewhat discredited by the delay of the disaster which was to justify their denunciations. The profoundly 246 MARTIN VAX BUREN. thrUling and hidden delight which comes with the first taste of supreme power, even to the experienced and battered man of affairs, had been enjoyed by Van Buren only a few days, when the air grew heavy about him, and then perturbed, and then violently agitated, until in two months broke fiercely and beyond all restraint the most terrific of commercial convulsions in the United States. Since Washington began the experiment of our federal government amid the sullen doubts of extreme Federalists and extreme Democrats, no president, save only Abraham Lincohi, has had to face at the outset of his presidency so appalling a political situation. The causes of the panic of 1837 lay far deeper than in the complex processes of banking or in tlie faults of federal administration of the finances. But, as a man suddenly ill prefers to find for his ailment some recent and obvious cause, and is not convinced by even a long and dangerous sickness that its origin lay in old and con tinued habits of life, so the greater part of the American people and of their leaders believed this extraordinary crisis to be the result of financial blunders of Jackson's administration. They believed that Van Buren could with a few strokes of his pen repair, if he pleased, those blunders and restore commercial confidence and prosper ity. The panic of 1837 became, and has very kvrgely remained, the subject of political and partisan differ ences, which obscure its real phenomena and causes. The far-seeing and patriotic intrepidity with which Van Buren met its almost overwhelming difficulties is really the crown of his political career. Fairly to appreciate the service he then rendered his country, the causes of this famous crisis must be attentively considered. In 1819 the United States suffered from commercial CRISIS OF 1837. 247 and financial derangement, which may be assumed to have been the effect of the second war with Great Britain. The enormous waste of a great war carried on by a highly organized nation is apt not to become obvious in general business distress until some time after the war has ended. A buoyant extravagance in living and in commercial and manufacturing ventures will continue after a peace has brought its extraordinary promises, upon the faith of which, and in joyful ignorance, the evil and inevitable day is postponed. All this was seen later and on a vaster scale from 1865 to 1873. In 1821 the country had quite recovered from its depression ; and from this time on to near the end of Jackson's ad ministration the United States saw a material prosperity, doubtless the greatest ever before known. The exuber- ' ant outburst of Jobn Quincy Adams's message of 1827, — that the productions of our soil, the exchanges of our commerce, the vivifying labors of human industry, had combined " to mingle in our cup a portion of enjoyment as large and liberal as the indulgence of Heaven has perhaps ever granted to the imperfect state of man upon earth," — was in the usual tone of the public utterances of our presidents from 1821 to 1837. Our harvests were always great. We were a chosen people delight ing in reminders from our rulers of our prosperity, and not restless under their pious urgency of perennial grati tude to Providence. In 1821 the national debt had slightly increased, reaching upwards of $90,000,000 ; but from that time its steady and rapid payment went on until it was aU discharged in 1834. Our cities grew. Our population stretched eagerly out into the rich Mis sissippi vaUey. From a population of ten millions in 1821, we reached sixteen miUions in 1837. New York 248 MARTIN VAN BUREN. from about 1,400,000 became 2,200,000 ; and Pennsyl vania from about 1,000,000 became 1,600,000. But the amazing growth was at the west — Illinois from 60,000 to 400,000, Indiana from 170,000 to 600,000, Ohio from 600,000 to 1,400,000, Tennessee from 450,000 to 800,000. Missouri had increased her 70,000 to five fold ; Mississippi her 80,000 to four-fold ; Michigan her 10,000 twenty-fold. Iowa and Wisconsin were entirely unsettled in 1821 ; • in 1837 the fertde lands of the former maintained nearly forty thousand and of the latter nearly thirty thousand hardy citizens. New towns and cities rose with magical rapidity. With much that was un lovely there was also exhibited an amazing energy and capacity for increase in wealth. The mountain barriers once passed, not only by adventurous pioneers but by the pressing throngs of settlers, there were few obstacles to the rapid creation of comfort and wealth. Nor in the Mississippi valley and the lands of the Northwest were the settlers met by the harsh soil, the hostilities and re luctance of nature in whose conquest upon the Atlantic seaboard the American people had gained some of their strongest and most enduring characteristics. We hardly realize indeed how much better it was for after times that our first settlements were difficult. In the easy opening and tiUage of the rich and sometimes rank lands at the West there was an inferior, a less arduous' disci pline. The American temper rushed now to speculation, rather than to toil or venture. It did not seem neces sary to create wealth by labor ; the treasures lay ready for whomever should first reach the doors of the treasure houses. To make easy the routes to El Dorado of prairies and river bottoms was the quickest way to wealth. CRISIS OF 1837. 249 Roads, canals, river improvements, preceded, attended, followed these sudden settlements, this vast and jubilant movement of population. There was an extraordinary growth of " internal improvements." In his message of 1831, Jackson rejoiced at the high wages earned by laborers in the construction of these works, which he truly said were " extending with unprecedented rapid ity." The constitutional power of the federal govern ment to promote the improvements within the states became a serious question, because the improvements proposed were upon so vast a scale. No single interest had for fifteen years before 1837 held so large a part of American attention as did the making of canals and roads. The debates of Congress and legislatures, the messages of presidents and governors, were full of it. If the Erie Canal, finished in 1825, had rendered vast'' natural resources available, and had made its chief budder famous, why should not like schemes prosper further west. 'The success of railroads was already es tablished ; and there was indefinite promise in the exten sions of them already planned. In 1830 twenty-three miles had been constructed ; in 1831 ninety-four miles ; and in 1836 the total construction had risen to twelve hundred and seventy-three miles. The Americans were then a far more homogeneous people than they are to-day. The great Irish, German, and Scandinavian immigrations had not taken place. Our race diversities were, with exceptions, unimportant in extent or lost in the lapse of time, the diversities of British descendants. The compensations and balances, which in the varying habits and prejudices of a more varied population tend to restrain and neutralize vaga ries, did not exist. One sentiment seized the whole nation 250 MARTIN VAN BUREN. far more readily than could happen in the complexity of our modern population and the diversity and rivalry of its strains. Not only did this homogeneity make Ameri cans open to single impulses ; but there was besides little essential difference in their various environments. They all, since the later days of Monroe's presidency, had lived in the atmosphere of official delight and congratu lation over the past, and of unrestrained promise for the future. They all, whether in the grain fields at the North or the cotton fields at the South, had behind them the Atlantic with traditions or experiences of poverty and oppression beyond it. Every American had, in his own latitude, since the ampler opening of roads and water ways, and the peaceful conquest of the Appalachian mountain ranges, seen to the west of him fertility and promise and performance. And the fertility and prom ise had, since the second English war, been no longer in a land of hardship and adventure remote and almost foreign to the seaboard. Every Americali under Jack son's administration had before him, as the one universal experience of those who had taken lands at the West, an enormous and certain increase of value, fuU of enchant ment to the tillers of flinty soil in New England or of the overused fields of the South. If new lands at the West could be made accessible by internal improvements, the succession of seed-time and harvest had for a dozen years seemed no more certain than that the value of those lands would at once increase prodigiously. So the American people with one consent gave themselves to an amazing extravagance of land speculation. The Eden which Martin Chuzzlewit saw in 'malarial decay was to be found in the new country on almost every stream to the east of the Mississippi and on many streams west of CRISIS OF 1837. 251 it where flatboats could be floated. Frauds there doubt less were ; but they were incidental to the honest delu sion of inteUigent men inspired by the most extraordi nary growth the world had seen. The often quoted Ulustration of Mobile, the valuation of whose real estate rose from $1,294,810 in 1831 to $27,482,961 in 1837, to sink again in 1846 to $8,638,250, not unfairly tells the story. In Pensacola, lots which to-day are worth $50 each were sold for as much as lots on Fifth Avenue in New York, which to-day are worth $100,000 apiece. Real estate in the latter city was assessed in 1836 at more than it was in the greatly larger and richer city of fifteen years later. From 1830 to 1837 the steamboat tonnage on the western livers rose from 63,053 to 253,661. From 1833 to 1837 the cotton crop of the newer slave states, Tennessee, Alabama, Mississippi, Louisiana, Ar kansas and Florida, increased from 536,450 to 916,960 bales, while the price with fluctuations rose from ten to twenty cents a pound. Foreign capital naturally enough came to share in the splendid money-making. From 1821 to 1833 the annual import of specie from England had averaged about $100,000, in the last year being only $31,903 ; but in 1834 it became $5,716,253, in 1835, $914,958, and in 1836 $2,322,920, the entire export to England of specie for all these three years being but $51,807, while the average export from 1822 to 1830 had been about $400,000 ; and its amount in 1831 had been $2,089,766, in 1832, $1,730,571. From 1830 to 1837, both years inclusive, although the imports from all countries of general merchandise exceeded the exports . by $140,700,000, there was no counter movement of specie. The imports of specie from all countries during these years exceeded the exports by the comparatively 2t>2 MARTIN ]'AN BUREN. enormous sum of $44, 700,000. The foreigners there fore took pay for their goods, not only in our raw materials, but in part also in our investments or rather our speculations, and sent these vast quantities of moneys besides. So our good fortune fired the imaginations of even the dull Europeans. They helped to feed and clothe us that we might experiment with Aladdin's lamp. The price of public lands was fixed by law at $1.25 an acre ; and they were open to any purchaser, without the wholesome limits of acreage and the restraint to actual settlers which were afterwards established. Here then was a commodity whose price to wholesale purchasers did not rise, and the very commodity by whicli so many fortunes had been made. In public lands, therefore, the fury of money-getting, the boastful confidence in the future of the country, reached their climax. From 1820 to 1829 the annual sales had averaged less than $1,300,- 000, in 1829 being $1,517,175. But in 1830 they ex ceeded $2,300,000, in 1831 $3,200,000, in 1832 $2,- 600,000, in 1833 $3,900,000, and in 1834 $4,800,000. In 1835 they suddenly mounted to $14,757,600, and in 1 836 to $24,877, 1 79. In his messages of 1829 and 1830 Jackson not unreasonably treated the moderate increase in the sales as a proof of increasing prosperity. In 1831 his congratulations were hushed ; but in 1835 he again saw, even in the abnormal sales of that year, only ampler proof of ampler prosperity. In 1836 he at last saw that tremendous speculation was the true significance of the enormous increase. Prices of course went up. Every body thought himself richer and his labor worth more. A week after Van Buren's inauguration a meeting was held in the City Hall Park in New York to protest against high rents and the high prices of provisions ; and CRISIS OF 1837. 253 with much discernment the cry went up, "No rag money ; give us gold and silver ! " There is no longer dispute that the prostration of busi ness in 1837, and for several years afterward, was the ^ perfectly natural result of the speculation which had gone before. The absurd denunciations of Van Buren by the most eminent of the Whigs for not ending the crisis by governmental interference are no longer re spected. But it is stiU fancied that tlie speculation itself was caused by one financial blunder, and the crisis imme diately occasioned by another financial blunder, of Jack son. It is not improbable that the deposits of treasury moneys in fifty state banks1 instead of in the United sj y States Bank and its twenty and more branches, which began in the fall of 1833, aided tlie tendency to specu lation. But this aid was at the most a slight matter. The impression has been sedulously created that these state banks, the " pet banks," were doubtful institutions. There seems httle reason to doubt that in general they were perfectly sound and reputable institutions, with which the government moneys would be quite as safe as with the United States Bank. It is clear that if the 1 The Treasurer's statement for August, 1S37. gave eighty-four deposit banks. But of these, nine had less than $5,000 each on deposit, six from $5,000 to $10,000, and eight from $10,000 to $20,000. Fourteen had from $50,000 to $100,000 each. Only twenty-nine had more than $100,000 each. It is not unfair to speak of the deposits as being substantially in fifty banks. The enormous land sales at the Southwest had placed a most disproportionate amount of money in banks in that part of tlie country. John Quinoy Adams seemed, but with little reason, to oonsider this an intentional discrimination against the North. It is quite probable that, if the deposits had been in one na tional bank, the peculiarly excessive strain at that point would have been modified. But this was no great factor in the crisis. 254 MARTIN VAN BUREN. latter Bank were not to be rechartered, the deposits should, without regard to the accusations of political meddling brought against it, have been removed some time in advance of its death in March, 1836. At best it is matter of doubtful speculation whether the United States Bank under Biddle's direction would, in 1834, 1835, and 1836, while the government deposits were enormously increasing, have behaved with much greater prudence and foresight than did the state deposit banks. So far as actual experience helps us, the doubt might weU be solved in the negative. The United States Bank, when its federal charter lapsed, obtained a char ter from Pennsylvania, continuing under the same man agement ; and is said, and possibly with truth, to have entered upon its new career with a great surplus. But it proved no stronger than the state banks in 1837 ; it obstructed resumption in 1838 ; it suspended again in 1839, while the eastern banks stood firm ; and in 1841 it went to pieces in disgraceful and complete disaster. The enormous extension of bank credits during the three years before the break-down in 1837 was rather the symptom than the cause of the disease. The fever of speculation was in the veins of the community before " kiting " began. Bank officers dwelt in the same at mosphere as did other Americans, and their sanguine extravagance in turn stimulated the universal temper of speculation. The order of causes was in reality this : When the United States Bank lost the government deposits, late in 1833, they amounted to a little less than $10,000,000. On January 1, 1835, more than ayear after the state banks took the deposits, they had in creased to a httle more than $10,000,000. But the public debt being then paid and the outgo of money CRISIS OF 1837. 255 thus checked, the deposits had by January 1, 1836, reached $25,000,000, and by June 1, 1836, $41,500,000. This enormous advance represented the sudden increase in the sales of pubhc lands, which were paid for in bank paper, which in turn formed the bulk of the gov ernment deposits. The deposits were with only a small part of the six hundred and more state banks then in existence. But the increase in the sales of public lands was the result of all the organic causes and of all the long train of events which had seated the fever of spec ulation so profoundly in the American character of the day. To those causes and events must ultimately be ascribed the extension of bank credits so far as it im mediately arose out of the increase of government deposits. Nor is there any sufficient reason to suppose that if the deposits, instead of being in fifty state banks, had remained in the United States Bank and its branches, the tendency to speculation would have been less. The influences which surrounded that Bank were the very influences most completely subject to the popu lar mania. But the increase of government deposits was only fuel added to the flames. The craze for banks and credits was unbounded before the removal of the deposits had taken place, and before their great increase could have had serious effect. Between 1830 and January 1, 1834, the banking capital of the United States had risen from $61,000,000 to about $200,000,000 ; the loans and discounts of the banks from $200,000,000 to $324,- 000,000; and their note circulation from $61,000,000 to $95,000,000. The increase from January 1, 1834, to January 1, 1836, was even more rapid, the banking capital advancing in the two years to $251,000,000, the 256 MARTIN VAN BUREN. loans and discounts to $457,000,000, and the note circu lation to $140,000,000. But there was certainty of dis> aster in the abnormal growth from 1830 to 1834. The insanity of speculation was in ample though unobserved control of the country while Nicholas Biddle still con trolled the deposits, and was certain to reach a climax whether they stayed with him or went elsewhere. It is difficult rightly to apportion among the states men and politicians of the time so much of blame for the mania of speculation as must go to that body of men. They had all drunk in the national intoxication over American success and growth. But if we pass from the greater and deeper causes to the lesser though more obvious ones, it is impossible not to visit the greater measure of blame upon the statesmen who resisted reduction of taxation, which would have left money in the pockets of those who earned it, and not collected it in one great bank with many branches or in fifty lesser banks ; upon the statesmen who insisted that the government ought to aid commercial ventures by encouraging the loans to traders of its own moneys held in the. deposit banks ; upon the statesmen who promoted the dangerous scheme of distributing the surplus among the states instead of abolishing the surplus. As the condemnation of public men in the wrong must be pro portioned somewhat to the distinction of their positions and the greatness of their natural gifts, this larger share of blame must go chiefly to Daniel Webster and Henry Clay. At the head of their associates, they had re sisted the reduction of taxation. In his speech on the tariff bill of 1832 Clay said, with the exuberance so delightful to minds of easy discipline, that our resources should " not be hoarded and hugged with a miser's CRISIS OF 1837. 257 embrace, but liberally used." They insisted upon freely lending the public moneys. In his speech on the distri bution of the surplus, Webster urged that the number of the deposit banks " be so far increased that each may regard that portion of the public treasure which it may receive as an increase of its effective deposits, to be used, like other moneys in deposit, as a basis of dis count, to a just and proper extent." The public money was locked up, he declared, instead of aiding the general business of the country. Nor after this was he ashamed in 1838 to condemn Jackson's secretary of the treasury for advising the new deposit banks, as he had himself thus advised them, " to afford increased facilities to commerce." If, indeed, Congress would not take steps to keep a government surplus out of the banks and in the pockets of producers, the secretary ought not to have been harshly judged for advising that the money go out into commerce rather than lie in bank vaults. The distribution of the surplus among the states by the law of 1836 was the last and in some respects the worst of the measures which aided and exaggerated the tendency to speculation. By this bill, aU the money above $5,000,000 in the treasury on January 1, 1837, was to be " deposited " with the states in four quarterly instaUments commencing on that day. According to the law the " deposit " was but a loan to the states ; but, as Clay declared, not " a single member of either house imagined that a doUar would ever be recalled." It was in truth a mere gift. Clay's triumphant ridicule of the opposition to this measure has already been mentioned. Webster in sounding periods declared his " deep and earnest conviction " of the propriety of the stupendous folly. He did not, indeed, defend the general system of 258 MARTIN VAN BUREN. making the federal government a tax-gatherer for the states. But this one distribution would, he said in his speech of May 31, 1836, " remove that severe and al most unparalleled pressure for money which is now dis tressing and breaking down the industry, the enterprise, and even the courage of the commercial community." The Whig press declared that a congressman who could for mere party reasons vote against a measure which would bring so much money into his state, must be " far gone in political hardihood as well as depravity ; " and that " to the Republican-Whig party alone are the states indebted for the benefits arising from the distribution." William H. Seward, two years before and two years later the Whig candidate for governor of New York, said the proposal was "noble aud just." The meas ure passed the senate with six Democratic votes against it, among them the vote of Silas Wright, then probably closer than any other senator to Van Buren. Jack son yielded to the bill what in his message in De cember of the same year he called " a reluctant ap proval." He then gave at length very clear reasons for his reluctance, but none for his approval. He declared that " improvident expenditure of money is the parent of profligacy," and that no intelligent and virtuous com munity would consent to raise a surplus for the mere purpose of dividing it. In his first message, indeed, Jackson had called the distribution among the states "the most safe, just, and federal disposition" of the sur plus. But his views upon this, as upon other subjects, had changed during the composition of the Democratic creed which went on during the early years of his ad ministration. His second message rehearsed at length the objections to the distribution, though affecting to CRISIS OF 1837. 259 meet them. In his third message he recommended the abolition of unnecessary taxation, not the distribution of its proceeds ; and in 1832 he made his explicit declara tion that duties should be " reduced to the revenue standard." Benton says it was understood that in 1836 some of Van Buren's friends urged Jackson to ap prove the bill, lest a veto of so popular a measure might bring a Democratic defeat. There must have been some reason unrelated to the merit of the measure. But whatever the opinions of Van Buren's friends, he took care before the election to make known unequivocaUy, in the Sherrod Williams letter already quoted, his dis like of this piece of demagogy. From the passage of the deposit biU in June, 1836, until the crash in 1837, this superb donation of thirty-seven millions was before the enraptured and deluded vision of the country. Over nine miUions a quarter to be poured into " improve ments " or loaned to the needy, — what a luscious pros pect ! The lesson is striking and wholesome, and ought not to be forgotten, that, when the land was in the very midst of these largesses, the universal bankruptcy set in. During 1835 and 1836 there were omens of the com ing storm. Some perceived the rabid character of the speculative fever. WUliam L. Marcy, governor of New York, in his message of January, 1836, answering the dipsomaniac cry for more banks, declared that an un regulated spirit of speculation had taken capital out of the state ; but that the amount so transferred bore no comparison to.the enormous speculations in stocks and in real property within the state. Lands near the cities and villages of the state had risen several hundred per cent, in value, and were sold, not to be occupied by the buyers, but to be sold again at higher prices. The pas- 260 MARTIN VAN BUREN. sion for speculation prevailed to an extent before un known, not only among capitalists, but among merchants, who abstracted capital from their business for land and stock speculations and then resorted to the banks. The warning was treated contemptuously ; but before the year was out the federal administration also became anxious, and the increase in land sales no longer signi fied to Jackson an increasing prosperity. The master hand which drew the economic disquisition in his mes sage of 1836 pointed to these sales as the effects of the extension of bank credit and of the over-issue of bank paper. The banks, it was declared, had lent their notes as "mere instruments to transfer to speculators the most valuable public land, and pay the government by a credit on the books of the banks." Each speculation had fur nished means for another. No sooner had one purchaser paid his debt in the notes than they were lent to another for a like purpose. The banks had extended their busi ness and their issues so largely as to alarm considerate men. The spirit of expansion and speculation had not been confined to deposit banks, but had pervaded the whole multitude of banks throughout the Union, and had given rise to new institutions to aggravate the evU. So Jackson proceeded with his sound defense of the famous specie circular, long and even still denounced as the causa causans of the crisis of 1837. By this circular, issued on July 11, 1836, the secre tary of the treasury had required payment for public lands to be made in specie, with an exception until De cember 15, 1836, in favor of actual settlers and actual residents of the state in which the lands were sold. The enormous sales of land in this year, and the large pay ments required for them under the circular, at once made CRISIS OF 1837. 261 the banks realize that there ought to be an actual physi cal basis for their paper transactions. Gold was called from the East to the banks at the West to make the land < payments. Into the happy exaltation of unreal transac tions was now plunged that harsh demand for real value which sooner or later must always come. The demand was passed on from one to another, and its magnitude and peremptoriness grew rapidly. The difference be tween paper and gold became plainer and plainer. Nature's vital and often hidden truth that value depends upon labor could no longer be kept secret by a few wise men. The suspicion soon arose that there was not real and available value to meet the demands of nominal value. The suspicion was soon bruited among the less as well as the more wary. Every man rushed to his bank or his debtor, crying, " Pay me in value, not in promises to pay ; there is, I at last see, a difference be tween them." But the banks and debtors had no avail able value, but only its paper semblances. Every man found that what he wanted his neighbors did not have to give him, and what he had his neighbors did not want. This is hardly an appropriate place to attempt an analysis of the elements of a commercial crisis. But it is not possible rightly to estimate Van Buren's moral courage and keen-sighted wisdom in meeting the terrible pressure of 1837 without appreciating what it was which had really happened. The din of the disputes over the refusal to recharter the bank, over the removal of the deposits, over the refusal to pay the last installment of the distribution among the states, and over the specie circular, resounds even to our own time. To many the crisis seemed merely a financial or even a great bank- 262 MARTIN VAN BUREN. ing episode. Many friends of the administration loudly cried that the disaster arose from the treachery of the banks in suspending. Many of its enemies saw only the normal fruit of administrative blunders, first in reckless ness, and last in heartless indifference. To most Ameri cans, whatever their differences, the explanation of this profound and lasting disturbance seemed to lie in the machinery of finance, rather than in the deeper facts of tlie physical wealth and power of the trading classes. Speculation is sometimes said to be universal ; and it was never nearer universality than from 1830 to 1837. But speculation affects after all but a small part of the community, — the part engaged in trade, venture, new settlement or new manufacture ; those classes of men the form of whose work is not established by tradition, but is changing and improving under the spur of ingenuity and invention, and with whom imagi nation is most powerful and fruitful. These men use the surplus resources of the vastly greater number who go on through periods of high prices and of low prices with their steady toil and unvaried production. In our country and in all industrial communities it is to the former comparatively small class that chiefly and characteristically belong "good times" and "bad times," panics and crises and depressions. It is this class which in newspapers and financial reviews becomes "the country." It chiefly supports the move influen tial of the clergy, the lawyers, the editors, and others of the professional classes. It deals with the new uses and the accumulations of wealth ; it almost monopolizes public attention ; it is chiefly and conspicuously identi fied with industrial and commercial changes and pro gress. But if great depressions were really as univer- CRISIS OF 1837. 263 sal as the rhetoric of economists and historians would hteraUy signify, our ancestors fifty years ago must have experienced a devastation such as Alaric is said to have brought to the fields of Lombardy. But this was not so. The processes of general production went on ; the land was tiUed ; the farmer's work of the year brought about the same amount of comfort ; the ordinary me chanic was not much worse off. If some keen observer from another planet had in 1835 and again later in 1837 looked into the dining-rooms and kitchens and parlors of America, had seen its citizens with their fami lies going to church of a Sunday morning, or watched the tea-parties of their wives, or if he had looked over the fields and into the shops, there would have seemed to him but slight difference between the two years in the occupations, the industry, or the comfort of the people. But if he had stopped looking and begun to listen, he would in 1837 at oiice have perceived a tremendous change. The great masses of producing men would have been mute, as they usually are. But the capitalists, the traders, the manufacturers, all whose skUl, courage, imagination, and adventure made them the leaders of progress, and whose voices were the only loud, clear, inteUigible voices, untd there arose the modern organiza tions of laboring men, — all those who in 1835 were flushed and glorious with a royal money-getting, — he would now have heard crying in frenzy and desperation. It is not meant to disparage the importance of this smaller but louder body of men, or to underrate the disaster which they suffered. In proportion to their numbers, they were vastly the most important part of the community. If they were prostrated, there must not only suffer the body of clerks, operatives, and laborers immediately 264 MARTIN VAN BUREN. engaged in their enterprises, and who may for economi cal purposes be ranked with them ; but later on, the masses of the community must to a real extent feel the interruption of progress which has overtaken that section of the community to which are committed the charac teristic operations of material progress : and whether through the fault or the misfortune of that section, the injury is alike serious. A wise ruler, in touching the finances of his country, wiU forget none of this. He will look through all the agitation of bankers and traders and manufacturers, the well-voiced leaders of the richer classes of men, to the far vaster processes of industry carried on by men who are silent, and whose silent in dustry will go on whatever devices of currency or bank ing may be adopted. This wisdom Van Buren now showed in an exalted degree. The disaster which in 1837 overtook so large and so important a part of the community was, in its ultimate nature, not difficult to comprehend. There had not been one equal and universal increase in nominal values. Such an increase would not have produced the crisis. But while the great mass of the national industry went on in channels and with methods and rates substantiaUy undisturbed, there took place an enormous and specula tive advance of prices in the cities where were carried on the operations of important traders and the promoters of enterprises, and in the very new country where these enterprises found their material. When a new canal or road was built, or a new line of river steamers launched and an unsettled country made accessible, sev eral things inevitably happened in the temper produced by the jubilant observation of the past. There was not only drawn from the ordinary industry of the country CRISIS OF 1S37. 265 the wealth necessary to build the canal or road or steam ers ; but the country thus rendered accessible seemed suddenly to gain a value measured by the best results of former settlements, however exceptional, and by the most sanguine hopes for the future. The owners of the prairies and woods and river bottoms became suddenly rich, as a miner in Idaho becomes rich when he strikes a true fissure vein. The owners of the canal or road or line of steamers found their real investment at once multiplied in doUars by the value of the country whose trade they were to enjoy ; for, new as that value was, it seemed assured. Like investments were made in banks, and in every implement of direct or indirect use in the conduct of industries which seemed to belong as a neces sity to the new value of the land. The numerous sales of lands and of stocks in roads or canals or banks at rapidly advancing prices did not alter the nature, al though they vastly augmented the effect, of what was happening. The so-called " business classes " through out the country, related as they quickly became, under the great impetus of the national hopefulness and vanity, to the new lands, to the new cities and towns and farms, and to the means of reaching them and of providing them with the necessities and comforts of civilization, found their wealth rapidly and largely increasing. Then naturally enough followed the spending of money in personal luxury. This meant the withdrawal of labor in the older part of the country from productive work, for which the country was fitted, to work which, whether suitable or not, was unproductive. The unproductive labor was paid, as the employers supposed, from the new value lately created at the West. So capital, that is, accumulated labor, was first spent in improvements 266 MARTIN VAN BUREN. in the new country, and then, and probably in a far greater amount, spent in more costly food, clothes, equi page, and other luxuries in the older country. The successive sales at advancing prices simply increased the sense of new wealth, and augmented more and more this destructive consumption of the products of labor, or the destructive diversion of labor from productive to unproductive activity at the East by the well-to-do classes. On the eve of the panic the new wealth, whose seem ing possession apparently justified this destructive con sumption or diversion to luxury of physical value, was primarily represented by titles to lands, stocks in land, canal, turnpike, radroad, transportation, or banking com panies, and the notes issued by banks or traders or speculators. The value of these stocks and notes depended upon the fruitfulness of the lands or canals or roads or steamboat lines. Prices of many commodities had, indeed, been enhanced by speculation beyond all proper relation to other commodities, measured by the ultimate standard of the quantity and quahty of labor. But important as was this element, it was subordinate to the apparent creation of wealth at the West. Before the panic broke, it began to appear that mere surveys of wild tracts into lots made neither towns nor cities ; that canals and roads and steamboats did not hew down trees or drain morasses or open the glebe. The basis of the operations of capitalists and promoters and venturers in new fields, if those operations were to have real success, must lie in the masses of strong and skillful arms of men of labor. The operations were fruitless until there came a population well sinewed and gladly ready for arduous tod. In 1836 and 1837 the CRISIS OF 1837. 267 operators found that there was no longer a population to give enduring life to their new operations. They had far outstripped all the immediate or even the nearly promised movements of settlers. Men, however hardy, preferred to work within an easier reach of the physical and social advantages of settlements already made, until they could see the superior fruitfulness of labor further on. The new cities and towns and farms and the means of reaching them would be mere paper assets until an army of settlers was ready to enter in and make them sources of actual physical wealth. But the army stopped far short of the new Edens and metropolises. There was no creation among them of the actual wealth, the return of physical labor, to make good and real the popular semblances of wealth, upon the faith of which in the older part of the country had arisen new methods of business and habits of living. The withdrawal of actual wealth from the multifarious treasuries of capital and industry, to meet the expense of the improvements at the West and the increased luxury at the East, had reached a point where the pressure caused by the defi ciency of physical wealth was too great for the hopeful ness or credulity of those who had been surrendering that wealth upon the promises of successful and opulent settlements at the West. Nor was all this confined to ventures in the new states. Almost every Eastern city . had a suburb where with slight differences all the phe nomena of speculation were as real and obvious as in Illinois or Mississippi. Jackson's specie circular toppled over the house of cards, which at best could have stood but little longer. In place of bank-notes, which symbolized the expecta tions and hopes of the owners of new towns and im- 268 MARTIN VAN BUREN. provements, the United States after July, 1836, required from all but actual settlers gold and silver for lands. An insignificant part of the sales had been lately made to settlers. They were chiefly made to speculators. The public lands, which sold invariably at $1.25 an acre, were enormously magnified in nominal value the instant the speculators owned them. Paper money was freely issued upon these estimates of value, to be again paid to the government for more lands at $1.25. But now gold and silver must be found ; and nothing but actual labor could find gold and silver. A further stream of true wealth was summoned from the East, already denuded, as it was, of aU the surplus it had ready to be invested upon mere expectation. Enormous rates were now paid for real money. But of the real money necessary to make good the paper bubble promises of the speculators not one tenth part really existed. Banks could neither make their debtors pay in gold and silver, nor pay their own notes in gold and silver. So they suspended. The great and long concealed devastation of physical wealth and of the accumulation of legitimate labor, by premature improvements and costly personal living, became now quickly apparent. Fancied wealth sank out of sight. Paper symbols of new cities and towns, canals and roads, were not only without value, but they were now plainly seen to be so. Rich men became poor men. The prices of articles in which there had been , speculation sank in the reaction far below their true value. The industrious and the prudent, who had given their labor and their real wealth for paper promises issued upon the credit of seemingly assured fortunes, suffered at once with men whose fortunes had never been any thing better than the delusions of their hope and imagi nation. CRISIS OF 1837. 269 It is now plain enough that to recover from this crisis was a work of physical reparation to which must go time, industry, and frugality. There was foUy in every effort to retain and use as valuable assets the invest ments in companies and banks whose usefulness, if it had ever begun, was now ended. There was folly in every effort to conceal from the world by words of hope fulness the fact that the imagined values in new cities and garden lands had disappeared in a rude disenchant ment as complete as that of Abon-Hassan in the Thou sand and One Nights, or that of Sly, the tinker, left un told in the Taming of the Shrew. Their sites were no more than wild lands, whose value must wait the march of American progress, fast enough indeed to the rest of the world, but slow as the snail to the wild pacing of the speculators. Every pretense of a politician, whether in or out of the senate chamber, that the government could by devices of financiering avoid this necessity of long physical repair, was either folly or wickedness. And of this folly or even wickedness there was no lack in the anxious spring and summer of 1837. There had already occurred in many quarters that misery which is borne by the humbler producers of wealth not for their own consumption, but simply for exchange, whose earnings are not increased to meet the inflation of prices upon which traders and speculators are accumulating apparent fortunes and spending them as if they were real. On February 14, 1837, several thousand people met in front of the City Hall in New York under a call of men whom the " Commercial Advertiser " described as " Jackson Jacobins." The caU was headed : " Bread, meat, rent, fuel ! Their prices must come down ! " It invited the presence of " all 270 MARTIN VAN BUREN. friends of humanity determined to resist monopolists and extortionists." A very respectable meeting about high prices had been held two or three weeks before at the Broadway Tabernacle. The meeting in the City Hall Park, with a mixture of wisdom and folly, urged the prohibition of bank - notes under $100, and called for gold and sUver ; and then denounced landlords and dealers in provisions. The excitement of the meeting was foUowed by a riot, in which a great flour warehouse was gutted. The rioters were chiefly foreigners and few in number ; nor were the promoters of the meeting involved in the riot. The military were called out ; and Eli Hart & Co., the unfortunate flour merchants, issued a card pointing out with grim truth " that the destruction of the article cannot have a tendency to reduce the price." The distribution of the treasury surplus to the states precipitated the crash. The first quarter's payment of $9,367,000 was made on January 1, 1837. There was disturbance in taking this large sum of money from the deposit banks. Loans had to be called in, and the accommodation to business men lessened for the time. There was speculative disturbance in the receipt of the moneys by the state depositories. There was apprehen sion for the next payment on April 1, which was accom plished with still greater disturbance, and after the crisis had begun. The caUs for gold and silver, begun under the specie circular, and the disturbances caused by these distributions, were increased by financial pressure in England, whose money aids to America were but partly shown by the shipments of gold and silver already men tioned. The extravagance of living had been shown in foreign importations for consumption in luxury, to meet CRISIS OF 1837. 271 which there had gone varied promises to pay, and secu rities whose true value depended upon the true and not the apparent creation of wealth in America. Before the middle of March the money excitement at Man chester was great ; and to the United States alone, it was then declared, attention was directed for larger remittances and for specie. The merchants of Liver pool about the same time sent a memorial to the chan- ceUor of the exchequer saying " that the distress of the mercantile interest is intense beyond example, and that it is rapidly extending to all ranks and conditions of the community, so as to threaten irretrievable ruin in aU directions, involving the prudent with the imprudent." The " London Times " on April 10, 1837, said that great distress and pressure had been produced in every branch of national industry, and that the calamity had never been exceeded. The cry was quickly reechoed from America. Com mercial failures began in New York about April 1. By AprU 8 ninety-eight failures had occurred in that city, five of foreign and exchange brokers, thirty of dry- goods jobbers, sixteen of commission houses, twenty- eight of real-estate speculators, eight of stock brokers, and six others. Three days later the failures had reached one hundred and twenty-eight. Provisions, wages, rents, everything, as the " New York Herald " on that day announced, were coming down. Within a few days more the failures were too numerous to be specially noticed ; and before the end of the month the rest of the country was in a like condition. The prostration in the newer cotton states was peculiarly complete. Their staple was now down to ten cents a pound ; within a year it had been worth twenty. All other staples feU enormously in price. 272 MARTIN VAN BUREN. Late in April the merchants of New York met. In stead of condemning their own folly, they resolved, in a silly fury, that the disaster was due to government in terference with the business and commercial operations of the country by requiring land to be paid for in specie instead of paper, to its destruction of the bank, and to its substitution of a metallic for a credit currency. A com mittee of fifty, including Thomas Denny, Henry Parish, Elisha Riggs, and many others whose names are still honored in New York, was appointed to remonstrate with the president. " What constitutional or legal justifica tion," it was seriously demanded, " can Martin Van Buren offer to the people of the United States for hav ing brought upon them aU their present difficulties ? " The continuance of the specie circular, they said, was more high-handed tyranny than that which had cost Charles I. his crown and his head. On May 3 the committee visited Washington and told the president that their real estate had depreciated forty millions, their stocks twenty millions, their immense amounts of merchandise in warehouses thirty per cent. They pite- ously said to him, " The noble city which we represent lies prostrate in despair, its credit blighted, its industry paralyzed, and without a hope beaming through the dark ness, unless " — and here we might suppose they would have added, " unless Americans at once stop spending money which has not been earned, and repair the ruin by years of sensible industry and strict economy." But the conclusion of the merchants was that the darkness must continue unless relief came from Washington. It was unjust, they said, to attribute the evils to excessive development of mercantile enterprise ; they flowed in stead from " that unwise system which aimed at the CRISIS OF 1837. 273 substitution of a metaUic for a paper currency.'7 The error of their rulers " had produced a wider desolation than the pestilence which depopulated our streets, or the conflagration which laid them in ashes." In the opinion of these sapient gentlemen of business, it was the re quirement that the United States, in seUing western lands to speculators, should be paid in real and not in nominal money, which had prostrated in despair the metropolis of the country. They asked for a withdrawal of the specie circular, for a suspension of government suits against importers on bonds given for duties, for an extra session of Congress to pass Clay's bill for the dis tribution of the land revenue among the states, and for the rechartering of the bank. Never did men out of their heads with fright propose more foolish attempts at relief than some of these. But the folly, as will be seen, seized statesmen of the widest experience as well as frenzied merchants. The president's answer was dignified, but " brief and explicit." To the insolent sug gestion that Jackson's financial measures had been more destructive than fire or pestilence, he calmly reminded them that he had made fully known, before he was elected, his own approval of those measures ; that know ing this tho people had deliberately chosen him ; and that he would still adhere to those measures. The specie circular should be neither repealed nor modified. Such indulgence in enforcing custom-house bonds would be allowed as the law permitted. The emergency did not, he thought, justify an extra session. Nicholas Biddle called on Van Buren ; and many were disgusted that in the presence of this arch enemy the president re mained " profoundly silent upon the great and interest ing topics of the day." 274 MARTIN VAN BUREN. Van Buren's resolution to face the storm without either the aid or the embarrassment of the early presence of Congress he was soon compelled to abandon. Within a few days of the return of the merchants to New York, that city sent the president an appalling reply. On May 10 its banks suspended payment of their notes in coin. A few days before some banks in lesser cities of the Southwest had stopped. On the day after the New York suspension, the banks of Philadelphia, Baltimore, Albany, Hartford, New Haven, and Providence foUowed. On the 12th the banks of Boston and Mobile, on the 13th those of New Orleans, and on the 17th those of Charleston and Cincinnati fell in the same crash. There was now simply a general bankruptcy. Men would no longer meet their promises to pay, because no longer could new paper promises pay off old ones. No longer would men surrender physical wealth safely in their hands for the expectation of wealth to be created by the future progress of the country. But men with perfectly real physical wealth in their storehouses, which they could not themselves use, were also in practical bank ruptcy because of their commercial debts most prudently incurred. The natural exchange of their own goods for goods which they or their creditors might use was ob structed by the utter discredit of paper money, and by the almost complete disappearance of gold and silver. Extra sessions of state legislatures were called to devise relief. The banks' suspension of specie payment in New York was within a few days legalized by the legislature of that state. On May 12 the secretary of the treasury directed government collectors themselves to keep public moneys where the deposit banks had suspended. For banks holding the public moneys sank with the CRISIS OF 1837. 275 others. And it was this which compelled Van Buren in one matter to yield to the storm. On May 15 he issued a proclamation for an extra session of Congress to meet on the first Monday of September. It would meet, the proclamation said, to consider " great and weighty mat ters." No scheme of relief was suggested. The locking up of public moneys in suspended banks made neces sary some relief to the government itself. It was, per haps, weU enough that excited and terrified people, casting about for a remedy, should, until their wits were somewhat restored, be soothed by assurance that the great council of the nation would, at any rate, discuss the situation. Moreover, it was wise to secure time, that most potent ally of the statesman. Within the three months and a half to elapse, Van Buren, like a wise ruler, thought the true nature of the calamity would become more apparent ; proposals of remedies might be scrutinized ; and thoughtless or superficial men might weary of their own absurd proposals, or the people might fully perceive their absurdity. During the summer popular excitement ran very high against the administration. The Whig papers de clared it to be " the melancholy truth, the awful truth," that the administration did nothing to relieve, but every thing to distress the commercial community. Abbot Lawrence, one of the richest and most influential citi zens of Boston, told a great meeting, on May 17, that there was no other people on the face of God's earth that were so abused, cheated, plundered, and trampled on by their rulers ; that the government exacted impos sibilities. No overt act, he said, with almost a sinister suggestion, ought to be committed until the laws of self- preservation compeUed a forcible resistance ; but the 276 MARTIN VAN BUREN. time might come when the crew must seize the ship. The friends of the administration sought, indeed, to stem the tide ; and a series of skillfully devised popular gatherings was held, very probably inspired by Van Buren, who highly estimated such organized appeals to popular sentiment. In Philadelphia a great meeting denounced the bank suspensions and the issue of small notes as devices in the interest of a foreign conspiracy to throw sdver coin out of circulation and export it to Europe, to raise the prices of necessaries, and recom mence a course of gambling under the name of specula tion and trade, in which the people must be the victims, and " the foreign and home desperadoes " the gainers. The meeting declared for a metaUic currency. " We hereby pledge our lives, if necessary," they said, " for the support of the same." Later, on May 22, there was in the same city a large gathering at Independence Square, which solemnly caUed upon the administration " manfully, fearlessly, and at all hazards to go on collect ing the public revenues and paying the public dues in gold and sflver." Their forefathers, who fought for their liberties, the framers of our Constitution, the patriarchs whose memory they revered, were, with a funny mix ture of truth and falsehood, declared to have been hard- money men. A week later, a great meeting in Balti more approved the specie circular, and urged its fearless execution, " notwithstanding the senseless clamors of the British party ; " for the crisis, they said, was " a strug gle of the virtuous and industrious portions of the com munity against bank advocates and the enemies to good morals and republicanism." Protests were elsewhere made against forcing small notes into circulation. Pa per had, however, to be used, for there was nothing else. CRISIS OF 1837. 217 Barter must go on, even upon the most flimsy tokens. In New York one saw, as were seen twenty-four years later, bits of paper like this : " The bearer wiU be enti tled to fifty cents' value in refreshments at the Auction Hotel, 123 and 125 Water Street. New York, May, 1837. Charles Redabock." In TaUahassee a commit tee of citizens was appointed to print bank tickets for purposes of change. In Easton the currency had a more specific basis. One of the tokens read : " This ticket wiU hold good for a sheep's tongue, two crackers, and a glass of red-eye." When Congress assembled, the country had cried itself, if not to sleep, at least to seeming quiet. The sun had not ceased to rise and set. Although merchants and bankers were prostrate with anxiety or even in irre mediable ruin ; although thousands of clerks and labor ers were out of employment or earning absurdly low wages, — for near New York hundreds of laborers were rejected who apphed for work at four dollars a month and board ; although honest frontiersmen found them selves hopelessly isolated in a wilderness, — for the frontier had suddenly shrunk far behind them, — still the harvest had been good, the masses of men had been at work, and economy had prevailed. The desperation was over. But there was a profound melancholy, from which a recovery was to come only too soon to be lasting;. CHAPTER IX. PRESIDENT. SUB-TREASUKF BILL. Van Buren's bearing in the crisis was admirable. Even those who have treated him with animosity or contempt do not here refuse him high praise. " In this one question," says Von Hoist, "he reaUy evinced cour age, firmness, and statesmanlike insight. . . . Van Buren bore the storm bravely. He repeUed aU reproaches with decision, but with no bitterness. . . . Van Buren unquestionably merited weU of the country, because he refused his cooperation, in accordance with the guar dianship principle of the old absolutisms, to accustom the people of the Republic also to see the government enter as a saving deus ex machina in every calamity brought about by their own fault and folly. . . . Van Buren had won a brilliant victory and placed his countrymen under lasting obligations to him." l 1 1 cannot refrain from noticing here the curious fact that Dr. Von Hoist, after a contemptuous picture of Van Buren as a mere verbose, coarse-grained politician given to scheming and du plicity, was not surprised at his meeting in so lofty a spirit this really great trial. For surely here, if anywhere, the essential fibre of the man "would be discovered. I must also express my regret that this writer, to whom Americans owe very much, should have been content (although in this he has but joined some other historians of American polities) to accept mere cam paign or partisan rumors which when directed against other men, have gone unnoticed, but against Van Buren have become the EXTRA SESSION. 279 Van Buren met the extra session with a message which marks the zenith of his political wisdom. It is one of the greatest of American state papers. With clear, unflinching, and unanswerable logic he faced the crisis. Thare was no effort to evade the questions put to him, or to divert public attention from the true issue. The government could not, he showed, help people earn their living ; but it could refuse to aid the deception that paper was gold, and the delusion that value could arise without labor. The masterly argument seems long to a sauntering reader ; but it treated a difficult question which had to be answered by the multitudes of a democ racy many of whom were pinched and excited by per sonal distresses and anxiety and who were sure to read it. Few episodes in our political history give one more exalted appreciation of the good sense of the American masses, than that, in this stress of national suffering, a skillful politician should have appealed to them, not even sweetening the truth, but resisting with direct and painful sobriety their angry and natural impulses ; this, too, when most of the talented and popular leaders were basis for emphatic disparagement and contumely. Even Macken zie, the publisher of the purloined letters, writing his pamphlet with the most obvious and reckless venom, is quoted by this learned historian as respectable authority. Van Buren had refused during nearly a year to pardon Mackenzie from prison ' for his unlawful use of American territory to prepare armed raids on Canada. Sir Francis B. Head's opinion was doubtless somewhat colored ; but he was not entirely without justification in applying to Mackenzie the words : "He lies out of every pore in his skin. Whether he be sleeping or waking, on foot or on horseback, together with his neighbors or writing for a news paper, a multitudinous swarm of lies, visible, palpable, and tan gible, are buzzing and settling about him like flies around a horse in August." (Narrative of Sir F. B. Head, London, 1839.) 280 MARTIN VAN BUREN. promoting, rather than reducing or diverting the heated folly of the time. Van Buren quietly began by saying that the law .required the secretary of the treasury to deposit public moneys only in banks that paid their notes in specie. All the banks had stopped such payment. It was obvious therefore that some other custody of public moneys must be provided, and it was for this that he had summoned Congress. He then began what was really an address to the people. He pointed out that the government had not caused, and that it could not cure, the profound commer cial distemper. Antecedent causes had been stimulated by the enormous inflations of bank currency and other credits, and among them the many millions of foreign loans, and the lavish accommodations extended "by for eign dealers to our merchants." Thence had come the spirit of reckless speculation, and from that a foreign debt of more than thirty millions ; the extension to trad ers in the interior of credits for supplies greatly beyond the wants of the people ; the investment of thirty-nine and a half millions in unproductive public lands ; the creation of debts to an almost countless amount for real estate in existing or anticipated cities and villages ; the expenditure of immense sums in improvements ruin ously improvident ; the diversion to other pursuits of labor that should have gone to agriculture, so that this first of agricultural countries had imported two millions of dollars worth of grain in the first six months of 1837 ; and the rapid growth of luxurious habits founded too often on merely fancied wealth. These evils had been aggravated by the great loss of capital in the famous fire af New York in December, 1835, a loss whose effects, though real, were not at once apparent EXTRA SESSION. 281 because of the shifting and postponement of the burdens through facilities of credit, by the disturbance which the transfers of public monej's in the distribution among the states caused, and by necessities of foreign creditors which made them seek to withdraw specie from the United States. He pointed out the unprecedented ex pansion of credit in Great Britain at the same time, and, with the redundancy of paper currency 1 there, the rise of adventurous and unwholesome speculation. To the demand for a reestablishment of a national bank, he replied that quite the contrary must be done ; that the fiscal concerns of the government must be sep arated from those of individuals or corporations ; that to create such a bank would be to disregard the popular will twice solemnly and unequivocally expressed ; that the same motives would operate on the administrators of a national as on those of state banks ; that the Bank of the United States had not prevented former and similar embarrassments, and that the Bank of England had but lately failed in its own land to prevent serious abuses of credit. He knew indeed of loud and serious complaint because the government did not now aid com mercial exchange. But this was no part of its duty. It was not the province of government to aid individ uals in the transfer of their funds otherwise than through the facilities of the post-office. As justly might the government be asked to transport merchan dise. These were operations of trade to be conducted by those who were interested in them. Throughout Europe domestic as well as foreign exchanges were car- 1 The reference was to commercial paper and not to bank notes. But both had been active characteristics of American speculation. 282 MARTIN VAN BUREN. ried on by private houses, and often, if not generally, without the assistance of banks. Our own exchanges ought to be carried on by private enterprise and compe tition, without legislative assistance, free from the influ ence of political agitation, and from the neglect, par tiality, injustice, and oppression unavoidably attendiilg the interference of government with the proper concerns of individuals. His own views, Van Buren declared, were unchanged. Before his election he had distinctly apprised the people that he would not aid in the re- establishment of a national bank. His conviction had been strengthened that such a bank meant a concen trated money power hostile to the spirit and permanency of our republican institutions. He then turned to those state banks which had held government deposits. At all times they had held some of the federal moneys, and since 1833 they had held the whole. Since that year the utmost security had been required from them for such moneys ; but when lately called upon to pay the surplus to the states, they had, while curtailing their discounts and increasing the gen eral distress, been with the other banks fatally involved in the revulsion. Under these circumstances it was a solemn duty to inquire whether the evils inherent in any connection between the government and banks of issue were not such as to require a divorce. Ought the moneys taken from the people for public uses longer to be deposited in banks and thence to be loaned for the profit of private persons ? Ought not the collection, safe-keeping, transfer, and disbursement of public moneys to be managed by public officers ? The public revenues must be limited to public expenses so that there should be no great surplus. The care of the moneys inevitably INDEPENDENT TREASURY. 283 accumulated from time to time would involve expense ; but this was a trifling consideration in so important a matter. Personally it would be agreeable to him to be free from concern in the custody and disbursement of the public revenue. Not indeed that he would shrink from a proper official responsibility, but because he firm ly believed the capacity of the Executive for usefulness was in no degree promoted by the possession of patron age not actuaUy necessary. But he was clear that the connection of the Executive with powerful moneyed in stitutions, capable of ministering to the interests of men in points where they were most accessible to corruption, was more liable to abuse than his constitutional agency in the appointment and control of the few public officers required by the proposed plan. , Thus was announced the independent treasury scheme, the divorce of bank and state, the famous achievement of Van Buren's presidency. He argued besides elabo rately in favor of the specie circular. An individual could, if he pleased, accept payment in a paper promise or in any other way as he saw fit. But a public servant should in exchange for public domain take only what was universally deemed valuable. He ought not to have a discretion to measure the value of mere promises. The $9,367,200 in the treasury for deposit with the states in October, or rather for a permanent distribution to them, he desired to retain for federal necessities. This would doubtless inconvenience states which had re lied on the federal donation ; but as the United States needed the money to meet its own obligations, there was neither justice nor expediency in generously giving it away. Van Buren here left the defensive with a menace to the banks that a bankruptcy law for corpo- 284 MARTIN VAN BUREN. rations suspending specie payment might impose a salu tary check on the issues of paper money. The president finally spoke in words which seem golden to aU who share his view of the ends of govern ment. " Those who look to the action of this govern ment," he said, " for specific aid to the citizen to relieve embarrassments arising from losses by revulsions in com merce and credit, lose sight of the ends for which it was created, and the powers with which it is clotiied. It was established to give security to us aU, in our lawful and honorable pursuits, under the lasting* safeguard of republican institutions. It was not intended to confer special favors on individuals, or on any classes of them ; to create systems of agriculture, manufactures, or trade ; y or to engage in them, either separately or in connec tion with individual citizens or organizations. . . . All communities are apt to look to government for too much . . . We are prone to do so especially at periods of sudden embarrassment and distress. . . . The less | government interferes with private pursuits, the better ' for the general prosperity. It is not its legitimate ob ject to make men rich, or to repair by direct grants of money or legislation in favor of particular pursuits, losses not incurred in the public service." To avoid unneces sary interference with such pursuits would be far more beneficial than efforts to assist limited interests, efforts eagerly, but perhaps naturally, sought for under tempo rary pressure. Congress and himself, Van Buren closed by saying, acted for a people to whom the truth, however unpromising, could always be spoken with safety, and who, in the phrase of which he was fond, were sure never to desert a public functionary honestly laboring for the public good. INDEPENDENT TREASURY. 285 An angry and almost terrible outburst received this plain, honest, and wise declaration that the people must repair their own disasters without paternal help of gov ernment; and that, rather than to promote the extension - of credit with public moneys, the crisis ought to afford means of departing forever from that pohcy. Most of the able men who to this generation have seemed the larger statesmen of the day, joined with passionate declamation in the furious gust of folly. It was a fa vorite delusion that government was a separate entity which could help the people, and not a mere agency, simply using wealth and power which the people must themselves create. Webster, in a speech at Madison, Indiana, on June 1, 1837, professed his conscientious convictions that aU the disasters had proceeded from "the measures of the general government in relation to the currency." He ridiculed the idea that the people had helped cause them. The people, he thought, had no lesson to learn. " Over-trading, over-buying, over- seUing, over-speculation, over-production," — these, he said, were terms he " could not very weU understand." In his speech of December, 1836, on the specie circular, he had given a leonine laugh at the idea of there being inflation. If he were asked, he said, what kept up the value of money " in this vast and sudden expansion and increase of it," he should answer that it was kept up " by an equally vast and sudden increase in the property of the country." That this amazing utterance upon the dynamics of national economy might be clear, he added that the vast and sudden increase was " in the value of that property intrinsic as weU as marketable." No speculator of the day said a more foolish thing than did this towering statesman. There were, he admitted, 286 MARTIN VAN BUREN. " other minor causes," but they were " not worth enu merating." " The great and immediate origin of the evil " was " disturbances in the exchange . . . caused by the agency of the government itself." At the extra session Webster described the shock caused him by the president's " disregard for the public distress," by his " exclusive concern for the interest of government and revenue, by his refusal to prescribe for the sickness and disease of society," by the separation he would draw " between the interests of the government and the inter ests of the people." For his part he would be warm and generous in his statesmanship. He resisted the bill to suspend the " deposit " with the states ; he would in the coming October pay out the last instaUment, stricken though the treasury was. He would again sweeten the popular palate with government manna, bitter as it had proved itself to the belly. It was the duty of the gov ernment, he said, to aid in exchanges by establishing a paper currency ; he and those with him preferred the long-tried, well-approved practice of the government to letting Benton, as he said, " embrace us in his gold and silver arms and hug us to his hard money breast." As if this were not a time for soberness over its shameful abuses, credit, and the banks and bank-notes which aided it were almost apotheosized. At St. Louis in the sum mer, Webster, in a speech which he did not include in his collected works, said that help must come " from the government of the United States, from thence alone ;" adding, " Upon this I risk my political reputation, my honor, my all. . . . He who expects to live to see all these twenty-six states resuming specie payments in regu lar succession once more, may expect to see the restora tion of the Jews. Never ! He will die without the sight." INDEPENDENT TREASURY. 287 John Quincy Adams had told his friends at home that the distribution of the public moneys among the state banks was the most pernicious cause of the disaster, although, differing from Webster, he admitted that "the abuse of credit. especiaUv by the agency of banks," and the unrestrained pursuit of individual wealth, were the proximate causes of the disaster, for history had testi fied ' ; Peace to corrupt, no less than war to waste. : ' He would punish suspension of specie payments by a bank with a forfeiture of its charter and the imprison ment of its president and officers. A national bank, he said, was " the only practicable expedient for restoring and maintaining specie payments."' In the extra ses sion he showed that the deposit banks of the South already held more money of the government than their states would receive, if the last installment of distribu tion should be paid, while the northern banks held far less of that money than the northern states were to receive. He denounced as a southern measure the prop osition to postpone this piece of recklessness. Should the northern states hail with shouts of Hosanna '• this evanescence of their funds from their treasuries." or be " humbugged out of their vested rights by a howl of frenzy against Nicholas Biddle," or be mystified out of their money and out of their senses by a Hark foUow ! against aU banks, or bv a summons to Doctors' Com mons for a divorce of bank and state .' That skillful political weathercock, Caleb Cushing. told his constituents at Lowell that private banking was the " shinplaster system ; " and asked whether we wished to have men who, hke the Rothschilds, make " peace or war as they choose, and wield at wiU the destiny of 288 MARTIN VAN BUREN. empires." The plan of the administration was like that of " a cowardly master of a sinking ship, to take posses sion of the long boat and provisions, cut oft, and leave the ship's company and passengers to their fate." To the plausible cry of separating bank and state he would answer, " Why not separate court and state ... or law and state ... or custom-house and state." It was " the new nostrum of political quackery." Clay delivered a famous speech in the senate on September 25, 1837. He was appalled at the heartlessness of the administration. " The people, the states, and their banks," he said in the favorite cant of the time, " are left to shift for themselves," as if that were not the very thing for them to do. We were all, he said, — " peo ple, states, Union, banks, ... all entitled to the pro- ^i tecting care of a parental government." He cried out against " a selfish solicitude for the government itself, but a cold and heartless insensibility to the sufferings of a bleeding people." The substitution of an exclusive metallic currency was " forbidden by the principles of eternal justice." For his part he saw no adequate remedy which did " not comprehend a national bank as an essential part of it." In banking corporations, indeed, " the interests of the rich and poor are happily blended ; " nor should we encourage here private bank ers, Hopes and Barings and Rothschilds and Hotin- guers, " whose vast overgrown capitals, possessed by the rich exclusively of the poor, control the destiny of nations." The bill for the independent treasury was firmly pressed by the administration. It did not deceive the people with any pretense that banks and paper money would stand in lieu of industry, economy, and good EXTRA SESSION. 289 sense. The summer elections, then far more numerous- than now, had, as Clay warningly pointed out, gone heavUy against Van Buren. The biU passed the senate, 26 to 20. In the house it was defeated. Upon the election of speaker, the administration candidate, James K. Polk, had had 116 votes to 103 for John BeU. But this very moderate majority was insecure. A break in the administration ranks was promptly shown by the defeat, for printers to the house, of Francis P. Blair and his partner, who in their paper, the " Washington Globe," had firmly supported the hard money and anti- bank policy. They received only 107 votes, about fifteen Democrats uniting with the Whigs to defeat them. Van Buren was unable to educate all his party to his own firm, clear-sighted views. There was formed a smaU party of " conservatives," Democrats who took what seemed, and what for the time was, the popular course. The independent treasury bill was defeated in the house by 120 to 106. Van Buren's proposal was carried, however, to post pone the " deposite," as it was called, the gift as it was, of the fourth installment of the surplus. On October 1, Webster- and Clay led the seventeen senators who insisted upon the foUy of the national treasury in its destitution playing the magnificent donor, and further debauching the states with streams of pretended wealth. Twenty-eight senators voted for the bill ; and in the house it was carried by 118 to 105, John Quincy Adams heading the negative vote. The administration further proposed the issue of $10,000,000 in treasury notes. It was a measure strictly of temporary relief. Gold and silver had disappeared ; bank-notes were discredited. The government, whose 290 MARTIN VAN BUREN. gold and silver the banks would not pay out, was dis abled from meeting its current obligations ; and the treasury notes were proposed to meet the necessity. They were not to be legal tender, but interest-bearing obligations in denominations not less than $50, to be merely receivable for all public dues, and thus to gain a credit whicli would secure their circulation. This nat ural and moderate measure was assailed by those who were lauding a paper currency to the skies. The radi cal difference was ignored between a general currency of small as well as large bills, without intrinsic value, adopted for all time, and a limited and perfectly secure government loan, to be freely taken or rejected by the people, in bills of large amounts, to meet a serious- but brief embarrassment. " Who expected," said Webster in the senate, " that in the fifth year of the experiment for reforming the currency, and bringing it to an abso lute gold and silver circulation, the treasury department would be found recommending to us a regular emission of paper money?" He voted, however, for the bill, the only negative votes in the senate being given by Clay and four others. In the house it was carried by 127 to 98. Such was the substantial work of the extra session. Its circumstances and debates were a fount of experi ence and wisdom, to whicli thirty and forty years later may not improbably be ascribed the hard-money leaven which prevented the great disaster of further paper inflation, and brought the country to a currency which, if not the best, is a currency of coin and of redeemable paper, whose value, apart from the legal-tender notes left us by the war and the decision of the supreme court, depends upon the best of securities, coin or government EXTRA SESSION. 291 bonds, deposited in the treasury, and a currency whose amount may therefore safely be left to the natural operations of trade. Clay's appeal for a great banking institution, which should accomplish by magic the results of popular labor and saving, was met by a vote of the house, 123 to 91, that it was inexpedient to charter a national bank, many voting against a bank who had already voted against an independent treasury. The senate also resolved against a national bank by 31 to 14, six senators who had voted against an independent treasury voting also against a bank. The temporary expedient) adopted by the treas ury on the suspension of the banks was therefore con- tinned, and public moneys were kept in the hands of public officers. Calhoun now rejoined the Democratic party. It was only the year before he had denounced it as " a powerful faction held together by the hopes of public plunder ; " and early in this very year he had referred to the re moval of the deposits as an act fit for " the days of Pompey or Caesar," and had declared that even a Ro man senate would not have passed the expunging resolu tion " until the times of Caligula and Nero." But Van Buren, Calhoun now said, had been driven to his posi tion ; nor would he leave the position for that reason. He referred to the strict construction of the powers of the government involved in the divorce of bank and state. There was no suggestion that Van Buren had become a convert to nullification. But Calhoun could with consistency support Van Buren. The independent treasury scheme was plainly far different from the re moval of the deposits from one great bank to many les ser ones. The reasons for political exasperation had 292 MARTIN VAN BUREN. besides disappeared. Van Buren was chief among the beati possidentes, and could not for years be disturbed. His tact and skill left open no personal feud ; he had not yet conferred the title of Caesar ; no successor to himself was yet named by any clear designation. Cal houn joined Silas Wright and the other administration senators ; but he stiU maintained a grim and indepen dent front. The extra session ended on October 16. Besides the issuance of $10,000,000 in treasury notes and the postponement of the distribution among the states, the only measure adopted for relief was a law permitting indulgence of payment to importers upon custom-house bonds. As those payments were to be made in specie, and as specie had left circulation, it was proper that the United States as a creditor should exhibit the same leni ency which was wise and necessary on the part of other creditors. Commercial distress had now materially abated, al though many of its wounds were stdl deep and unhealed. Before the regular session began in December, substantial progress was made towards specie payments. The price of gold in New York which had ruled at a premium of eight and seven eighths per cent., had fallen to five. On October 20 the banks of New York, after waiting until Congress rose, to meet the wishes of the United States Bank and its associates in Philadelphia, now in vited representatives from aU the banks to meet in New York on November 27 to prepare for specie payment. At this meeting the New York banks proposed resump tion on March 1, 1838, but they were defeated ; and a resolution to resume on July 1 was defeated by the votes of Pennsylvania and all the New England states LOCO-FOCOS. 293 except Maine (which was divided), together with New Jersey, Delaware, Maryland, South Carolina, and In diana. Virginia, Ohio, Georgia, North Carolina, Ken tucky, and the District of Columbia, with New York, made the minority. An adjournment was taken to the second Wednesday in AprU, the banks being urged meanwhile to prepare for specie payments. The fall as well as the summer elections had been most disastrous for the Democrats. New York, which the year before had given Van Buren nearly 30,000 plurality, was now overwhelmingly Whig. The Van Buren party began to be called the Loco-focos, in deri sion of the fancied extravagance of their financial doc trines. The Loco-foco or Equal Rights party proper was originally a division of the Democrats, strongly anti- monopolist in their opinions, and especially hostile to banks, — not only government banks but aU banks, — which enjoyed the privileges then long conferred by special and exclusive charters. In the f aU of 1835 some of the Democratic candidates in New York were espe cially obnoxious to the anti-monopolists of the party. When the meeting to regularly confirm the nominations made in committee was called at Tammany Hall, the anti-monopolist Democrats sought to capture the meet ing by a rush up the main stairs. The regulars, how ever, showed themselves worthy of their regularity by reaching the room up the back stairs. In a general scrimmage the gas was put out. The anti-monopolists, perhaps used to the devices to prevent meetings which might be hostile, were ready with candles and loco-foco matches. The haU was quickly iUuminated ; and the anti- monopolists claimed that they had defeated the nomina tions. The regulars were successful, however, at the elec- 294 MARTIN VAN BUREN. tion ; and they and the Whigs dubbed the anti-monopo lists the Loco-foco men. The latter in 1836 organized the Equal Rights party, and declared it an imperative duty of the people " to recur to first principles." Their " declaration of rights " might well a few years later have been drawn by a student of Spencer's " Social Stat ics." The law, they said, ought to do no more than restrain each man from committing aggressions on the equal rights of other men ; they declared " unqualified hostility to bank-notes and paper money as a circulat ing medium," and to all special grants by the legisla ture. A great cry was raised against them as danger ous and incendiary fanatics. The Democratic press, except the " Evening Post," edited by WiUiam Cullen Bryant, turned violently upon the seceders. There was the same horror of them as the English at almost the very time had of the Chartists, and which in our time is roused by the political movements of Henry George. But with time and famdiarity Chartism and Loco-foco- ism alike lost their horrid aspect. Several of the cardi nal propositions of the former have been adopted in acts of Parliament without a shudder. To the animosity of the Loco-focos against special legislation and special privUeges Americans probably owe to-day some part of the beneficent movement in many of the states for con stitutional requirements that legislatures shaU act by general laws. The Equal Rights party, though casting but a few votes, managed to give the city of New York to the Whigs, a result which convinced the Democrats that, dangerous as they were, they were less dangerous within than without the party. The hatred which Van Buren after his message of September, 1837, received from INDEPENDENT TREASURY. 295 the banks commended him to the Loco-focos ; and in October, 1837, Tammany HaU witnessed their recon ciliation with the regular Democrats upon a moderate declaration for equal rights. The Whigs had, indeed, been glad enough to have Loco-foco aid and even open alliance at the poUs. But none the less they thought the Democratic welcome back of the seceders an enormity. From this time the Democrats were, it was clear, no better than Loco-focos, and ought to bear the name of those dangerous iconoclasts. Van Buren met Congress in December, 1837, with still undaunted front. His first general review of the operations of the government was but little longer than his message to the extra session on the single topic of finance. He refused to consider the result of the elec tions as a popular disapproval of the divorce of bank and state. In only one state, he pointed out, had a federal election been held ; and in the other elections, which had been local, he intimated that the fear of a forfeiture of the state-bank charters for their suspension of specie payments had determined the result. He still emphatically opposed the connection between the govern ment and the banks which could offer such strong in ducements for political agitation. He blew another blast against the United States Bank, now a Pennsylvania corporation, for continuing to reissue its notes originally made before its federal charter had expired and since returned. He recommended a preemption law for the- benefit of actual settlers on public lands, and a classifi cation of lands under different rates, to encourage the settlement of the poorer lands near the older settle ments. There was a conciliatory but firm reference to the dispute with England over the northeastern 296 MARTIN VAN BUREN. boundary. He announced his failure to adjust the dispute with Mexico over the claims which had been pressed by Jackson. The Texan cloud which six years later brought Van Buren's defeat was already threaten ing. At this session the independent or sub-treasury bill was again introduced, and again a titanic battle was waged in the senate. In this encounter Clay taunted Calhoun for going over to the enemy ; and Calhoun, re ferring to the Adams-Clay coalition, retorted that Clay had on a memorable occasion gone over, and had not left it to time to disclose his motives. Here it was that, in the decorous fury of the times, both senators stamped accusations with scorn in the dust, and hurled back darts fallen harmless at their feet. The bill passed the senate by 27 to 25 ; but Calhoun finally voted against it be cause there had been stricken out the provision that government dues should be paid in specie. The bill was again defeated in the house by 125 to 111. The latter vote was late in June, 1838. But while Con gress refused a law for it, the independent treasury in fact existed. Under the circular issued upon the bank suspension, the eoUection, keeping, and payment of federal moneys continued to be done by federal offi cers. The absurdity of the declamation about one's blood curdling at Van Buren's recommendations, about this being the system in vogue where people were ground " to the very dust by the awful despotism of their rulers," was becoming apparent in the easy, natural operation of the system, dictated though it was by neces sity rather than law. The Whigs, in the sounding jeremiades of Webster and the perfervid eloquence of Clay, were joined by the Conservatives, former Demo- ABATEMENT OF THE CRISIS. 297 crats, with Tallmadge of New York and Rives of Vir ginia at their head. They had retired into the cave of superior wisdom, of which many men are fond when a popular storm seems rising against their party ; they affected oppressive grief at Van Buren's reckless hatred of the popular welfare, and accused him of designing entire destruction of credit in the ordinary transactions j of business. This silly charge was continually made, [ and gained color from the extreme doctrines of the \ Equal Rights movement and the fixing of the Loco-foco name upon the Democratic party. The sub-treasury bill was again taken up at the long session of 1839-40 by the Congress elected in 1838. Again the wisdom of separating bank and state, again the wrong of using public moneys to aid private business and speculation, were stated with perfectly clear but un inspiring logic. Again came the antiphonal cry, warm and positive, against the cruelty of withdrawing the gov ernment from an affectionate care for the people, and from its duty generously to help every one to earn his living. In and out of Congress it was the debate of the time, and rightly ; for it involved a profound and criti cal issue, which since the foundation of the government has been second in importance only to the questions of slavery and national existence and reconstruction. In , 1840 the bill passed the senate by 24 to 18 and the house j by 124 to 107. This chief monument of Van Buren's ' administration seemed quickly demolished by the tri umphant Whigs in 1841, but was finally set up again in 1846 without the aid of its architect. From that time to our own, in war and in peace, the independence of the federal treasury has been a cardinal feature of American finance. Nor was its theory lost even in the 298 MARTIN VAN BUREN. system of national banks and public depositories created for the tremendous necessities of the civil war.1 By the spring of 1838 business had revived during the year of enforced industry and economy among the people. In January, 1838, the premium on gold at New York sank to 3 per cent. ; and when the bank conven tion met on the adjourned day in April, the premium was less than 1 per cent. The United States Bank re sisted resumption with great affectation of public spirit, but for selfish reasons soon to be disclosed. The New York banks, with an apology to their associates, resolved to resume by May 10, five days before the date to which the state had legalized the suspension. The con vention adopted a resolution for general resumption on January 1, 1839, without precluding earlier resumption by any banks which deemed it proper. In April it was learned that the Bank of England was shipping a miUion sterling to aid resumption by the banks. On July 10, Governor Ritner of Pennsylvania by proclamation re quired the banks of his state to resume by August 1. On the 13th of that month the banks of Massachusetts, Connecticut, Rhode Island, Delaware, Maryland, Vir ginia, Kentucky, Missouri, Ohio, Indiana, and Illinois yielded to the moral coercion of the New York banks, and to the resumption now enforced on the Bank of the United States. By the faU of 1838 resumption was general although the banks at the Southwest did not fol low until midwinter. Confidence was so much restored that " runs " on the banks did not occur. The crisis 1 The depositories now authorized for the proceeds of the in ternal revenue secure the government by a deposit of the bonds of the latter, which the depositories must of course purchase and own. (U. S. Kov. Stats. § 5153.) ABATEMENT OF THE CRISIS. 299 seemed at an end ; and Van Buren not unreasonably fancied that he saw before the country two years of steady and sound return to prosperity. Two such years would, in November, 1840, bring the reward of his sa gacity and endurance. But a far deeper draft upon the vitality of the patient had been made than was supposed ; and in its last agony, eighteen months later, Biddles's bank was able to help to blast Van Buren's political am bition. CHAPTER X. PRESIDENT. CANADIAN INSURRECTION. TEXAS. SEMINOLE WAR. DEFEAT FOR REELECTION. Another unpopular duty fell to Van Buren during his presidency, a duty but for which New York might have been saved to him in 1840. In the Lower and Upper Canadas popular discontent and political tumult resulted late in 1837 in violence, so often the only means by which English dependencies have brought their im perial mistress to a respect for their complaints. The liberality of the Whigs, then lately triumphant in Eng land, was not broad enough to include these distant colonists. The provincial legislature in each of the Canadas consisted of a lower house or assembly chosen by popular vote, and an upper house or council appointed by the governor, who himself was appointed by and rep resented the crown. Reforms after reforms, proposed I by the popular houses, were rejected by the council. In Lower Canada the popular opposition was among the French, who had never been embittered towards the United States. In Upper Canada its strength was among settlers who had come since the war closed in 1815. Lower Canada demanded in vain that the council be made elective. Its assembly, weary of the effectual opposition of the council to popular measures, began in 1832 to refuse votes of supplies unless their grievances were redressed ; and by 1837 government charges had CANADIAN INSURRECTION. 301 accrued to the amount of £142,100. On April 14, 1837, Lord John Russell, still wearing the laurel of a victor for popular rights, procured from the imperial parliament permission, without the assent of the colonial parliament, to apply to these charges the money in the hands of the receiver-general of Lower Canada. This extraordinary grant passed the House of Commons by 269 to 46. A far less flagitious case of taxation with out representation had begun the American Revolution. The money had been raised under laws which provided for its expenditure by vote of a local representative body. It was expended by the vote of a body at West minster, three thousand miles away, but few of whose members knew or cared anything for the bleak piece of seventeenth-century France on the lower St. Lawrence, and none of whom had contributed a penny of it. To even Gladstone, lately the under-secretary for the colonies and then a rising hope of unbending Tories, there seemed nothing involved but the embarrassment of faithful ser vants of the crown. This thoroughly British disregard of sentiment among other people roused a deep opposi tion which was headed by Papineau, a hero of eloquence among the French. An insurrection broke out in No vember, 1837, and blood was shed in engagements at St. Denis and St. Charles, not far from Montreal. But the insurgents were quickly defeated, and within three weeks the insurrection in Lower Canada was ended. In Upper Canada there was considerable republican sentiment, and the party of popular rights had among its leaders men of a high order of ability. One of them, Marshall S. Bidwell, through the magnanimity or procurement of the governor, escaped from Canada to become one of the most honored and stately figures at 302 MARTIN VAN BUREN. the bar of New York. Early in 1836 Sir Francis B. Head, a clever and not ill-natured man, arrived as gov ernor. He himself wrote the unconscious Anglicism that " the great danger " he " had to avoid was the slightest attempt to conciliate any party." It was as sumed with the usual insufferable affectation of omni science that these hardy western settlers were merely children who did not know what was best for them. Even the suggestions of concession sent him from Eng land were not respected. In an election for the assem bly he had the issue announced as one of separation from England ; and by the use, it was said, of his power and patronage, the colonial Tories carried a majority of the house. Hopeless of any redress, and fired by the rumors of the revolt in Lower Canada, an insurrection took place early in December near Toronto. It was speedily suppressed. One of the leaders, Mackenzie, escaped to Buffalo. Others were captured and pun ished, some of them capitally. The mass of the Canadians were doubtless opposed to the insurrection. But there was among them a wide spread and reasonable discontent, with which the Amer icans, and especially the people of northern and western New York, warmly sympathized. It was natural and traditional to believe England an oppressor ; and there was every reason in this case to believe the Canadians right in their ill-feeling. The refugees who had fled to New York met with an enthusiastic reception, and, in the security of a foreign land, prepared to advance their rebellion. On the long frontier of river, lake, and wilderness it was difficult, with the meagre force regu larly at the disposal of the United States, to prevent depredations. This difficulty became enhanced by a CANADIAN INSURRECTION. 303 culpable though not unnatural invasion of American ter ritory by British troops. On December 12, 1837, Mackenzie, who had the day before arrived with a price of $4,000 set upon his head, addressed a large audience at Buffalo. Volunteers were called for ; and the next day, with twenty-five men, commanded by Van Rensse laer, an American, he seized Navy Island in the Niag ara River, but a short distance above the cataract, and belonging to Canada. He there established a provi sional government, with a flag and a great seal ; and that the new state might be complete, paper money was issued. By January, 1838, there were several hundred men on the island, largely Americans, with arms and provisions chiefly obtained from the American side. On the night of December 29, 1837, a party of Cana dian militia crossed the Niagara to seize the Caroline, a steamer in the service of the rebels. It happened, how ever, that the steamer, instead of being at Navy Island, was at Schlosser, on the American shore. The Cana dians seized the vessel, kiUing several men in the affray, and after setting her on fire, loosened her from the shore, to go blazing down the river and over the falls. This invasion of American territory caused indignant excitement through the United States. Van Buren had promptly sought to prevent hostility from our terri tory. On January 5, 1838, he had issued a proclama tion reciting the seizure of Navy Island by a force, partly Americans, under the command of an American, with arms and supplies procured in the United States, and declared that the neutrality laws would be rigidly enforced and the offenders punished. Nor would they receive aid or countenance from the United States, into whatever difficulties they might be thrown by their vio- 304 MARTIN VAN BUREN. lation of friendly territory. On the same day Van Buren sent General Winfield Scott to the frontier, and by special message asked from Congress power to pre vent such offenses in advance, as well as afterwards to punish them, — a request to which Congress, in spite of the excitement over the invasion at Schlosser, soon acceded. The militia of New York were, on this inva sion, called out by Governor Marcy, and placed under General Scott's command. But there was little danger. On January 13 the ' insurgents abandoned Navy Island. The war, for the time, was over, although excitement and disorder continued on the border and the lakes as far as Detroit ; and in the fall of 1838 other incursions were made from American territory. But they were fruitless and short-lived. Nearly nine hundred arrests were made by the Canadian authorities. Many death sentences were imposed and several executed, and many more offenders were sentenced to transportation. England, in her usual fashion, was now duly waked to duty by actual bloodshed. Sir Francis B. Head left Canada, and the Melbourne ministry sent over the Earl of Durham, one of the finest characters in English pub lic life, to be governor-general over the five colonies ; to redress their wrongs ; to conciliate, and perhaps yield to demands for self-government : all which might far better have been done five years before. Lord Durham used a wise mercy towards the rebels. He made rapid progress in the reforms, and, best and first of all, he won the confidence and affection of the people. But England used to distrust an English statesman who practiced this kind of rule towards a dependency. A malevolent attack of Lord Brougham was successful, and Lord Durham returned to ministerial disgrace, CANADIAN INSURRECTION. 305 though to a wiser popular applause, soon to die on what ought to have been but an early day in bis generous and splendid career. Although punishing her benefactor, England was shrewd enough to accept the benefit. The concessions which Lord Durham had begun were con tinued, and Canada became and has remained loyal. Before leaving Canada, Lord Durham was invited by a very complimentary letter of Van Buren to visit Wash ington, but the invitation was courteously declined. Mackenzie was arrested at Buffalo and indicted. After his indictment he addressed many public meet ings through the United States in behalf of bis cause, one at Washington itself. In 1839, however, he was i tried and convicted. Van Buren, justly refusing to I pardon him untd he had served in prison two thirds of his sentence, thus made for himself a persistent and vindictive enemy. Upon renewed raids late in 1838, the president, by a proclamation, caUed upon misguided or deluded Ameri cans to abandon projects dangerous to their own coun try and fatal to those whom they professed a desire to relieve ; and, after various appeals to good sense and patriotism, warned them that, if taken in Canada, they would be left to the policy and justice of the govern ment whose dominions they had, " without the shadow of justification or excuse, nefariously invaded." This had no uncertain sound. Van Buren was promptly declared to be a British tool. The plain facts were ig nored that the great majority of the Canadians, however much displeased with their rulers, were hostde to repub lican institutions and to a separation from England, and that the majority in Canada had the same right to be governed in their own fashion as the majority here. 306 MARTIN VAN BUREN. There was seen, however, in this firm performance of international obligations, only additional proof of Van Buren's coldness towards popular rights, and of his sycophancy to power. The system of allowing to actual settlers, at the mini mum price, a preemption of pubhc lands already occu pied by them, was adopted at the long session of 1837- 1838. Webster joined the Democrats in favoring the biU, against the hot opposition of Clay, who declared it " a grant of the property of the whole people to a smaU part of the people." The dominant party was now i wisely committed to the policy of using the pubhc do main for settlers, and not as mere property to be turned into money. But a year or two before the latter system had in practice wasted the national estate and corrupted the pubhc with a debauchery of speculation. The war between Mexico and the American settlers in her revolted northeast province began in 1835. Early in 1836 the heroic defense of the Alamo against several thousand Mexicans by less than two hundred Ameri cans, and among them Davy Crockett, Van Buren's biographer, and the butchery of all but three of the Amer icans, had consecrated the old building, still proudly preserved by the stirring but now peaceful and pleasing city of San Antonio, and had roused in Texas a fierce and resolute hatred of Mexico. In April, 1836, Houston overwhelmed the Mexicans at San Jacinto, and captured their president, Santa Ana. In his message of December 21, 1836, Jackson, al though he announced these successes of the Texans and their expulsion of the civil authority of Mexico, still pointed out to Congress the disparity of physical force on the side of Texas, and declared it prudent that we should TEXAS. 307 stand aloof untU either Mexico itself or one of the great powers should have recognized Texan independence, or at least until the ability of Texas should have been proved beyond cavU. The senate had then passed a resolution for recognition of Texan independence. But the house had not concurred ; and before Van Buren's inauguration Congress had done no more than authorize the appointment of a diplomatic agent to Texas when ever the president should be satisfied of its independence. In August, 1837, the Texan representative at Washing ton laid before Van Buren a plan of annexation of the revolted Mexican state. The offer was refused ; and it iwas declared that the United States desired to remain neutral, and perceived that annexation would necessa rily lead to war with Mexico. In December, 1837, peti tions were presented in Congress against the annexation of Texas, now much agitated at the South ; and Preston, Calhoun's senatorial associate from South Carolina, offered a resolution for annexation. Some debate on the question was had in 1838, in which both the pro-slavery character of the movement and the anti-slavery charac ter of the opposition clearly appeared. But this danger to Van Buren was delayed several years. Nor was he yet a character in the drama of the slavery conflict which by 1837 was well opened. The agitation over abohtionj petitions and the murder of Lovejoy the abolitionist are! now readily enough seen to have been the most deeply significant occurrences in America between Van Buren's •. inauguration and his defeat ; but they were as little part j of his presidency as the arrival at New York from Liver- ! pool on AprU 22 and 23, 1838, of the Sirius and the Great Western, the first transatlantic steamships. In Washington the slavery question did not get beyond the 308 MARTIN VAN BUREN halls of Congress. The White House remained for several years free from both the dangers and the duties of the question accompanying the discussion. Van Buren's administration pressed upon Mexico claims arising out of wrongs to American citizens and property which had long been a grievance. Jackson had thought it our duty, in view of the " embarrassed condition " of that republic, to " act with both wisdom and moderation by giving to Mexico one more opportu nity to atone for the past." In December, 1837, Van Buren, tired of Mexican procrastination, referred the matter to Congress, with some menace in his tone. In 1840 a treaty was at last made for an arbitration of the claims, the king of Prussia being the umpire. John Quincy Adams vehemently assailed the American asser tion of these claims, as intended to " breed a war with Mexico," and " as machinery for the annexation of Texas ;" and his violent denunciations have obtained some credit. But Adams himself had been pretty vigor ous in the maintenance of American rights. And the plain and well known facts are, that after several years of negotiation the claims were with perfect moderation submitted for decision to a disinterested tribunal; that they were never made the occasion of war ; and that Van Buren opposed annexation. In June, 1838, James K. Paulding, long the navy agent at New York, was made secretary of the navy in place of Mahlon Dickerson of New Jersey, who now re signed. Paulding seems to us rather a literary than a political figure. Besides the authorship of part of " Sal magundi," of " The Dutchman's Fireside," and of other and agreeable writings grateful to Americans in the days when the sting of the question, " Who reads an American AND WASHINGTON IRVING. 309 book?" lay rather in its truth than in its Ul-nature, Paulding's pen had aided the Repubhcan party as early as Madison's presidency. Our politics have always, even at home, paid some honor to the muses, without requir ing them to descend very far into the partisan arena. A curious iUustration was the nomination of Edwin For rest, the famous tragedian, for Congress by the Demo crats of New York in 1838, a nomination which was more sensibly declined than made. An almost equaUy curious instance was the tender Van Buren made of the secretaryship of the navy to Washington Irving before he offered it to Paulding, who was a connection by mar riage of Irving's brother. Van Buren had, it will be remembered, become intimately acquainted with Irving abroad ; and others than Van Buren strangely enough had thought of him for political service. The Jack sonians had wanted him to run for Congress ; and Tammany Hall had offered him a nomination for mayor of New York. Van Buren wrote to Irving that the latter had " in an eminent degree those peculiar qualities [which should distinguish the head of the department," and that this opinion of his had been confirmed by Irving's friends, Paulding and Kemble, the former of whom it was intimated was " particularly informed in regard to the services to be rendered." But one cannot doubt that in writing this the president had in mind the sort of service to the public, and the personal pleasure and rest to himself, to be brought by a delightful and accomplished man of letters, who was no mere recluse, but long practiced in polished and briUiant life abroad, rather than any business or executive or political abdity. Irving wisely replied that he should delight in full occupation, and should take peculiar interest in the navy 310 MARTIN VAN BUREN. department ; but that he shrank from the harsh turmoils of life at Washington, and the bitter personal hostility and the slanders of the press. A short career at Wash ington would, he said, render him " mentally and physi cally a perfect wreck." Paulding's appointment to the cabinet portfolio assigned to New York was not agree able to the politicians ; and they afterwards declared that, if Marcy had been chosen instead, the result in 1840 might have been different. The next Democratic president gave the same place to another famous man of letters, George Bancroft. On June 6, 1837, Louis Napoleon wrote the president from New York that the dangerous illness of his mother recalled him to the old world ; and that he stated the reason for his departure lest the president might " have given credence to the calumnious surmises respecting " him. The famous adventurer used one of those many phrases of his which, if they had not for years imposed on the world, no wise man would believe could ever have obtained respect. Van Buren, as the ruler of a free people, ought to be advised, the prince wrote, that, bear ing the name he did, it was impossible for him " to depart for an instant from the path pointed out to me by my conscience, my honor, and my duty." The elections of 1838 showed a recovery from the defeat in 1837, a recovery which would perhaps have been permanent if the financial crisis had been really over. Maine wheeled back into the Van Buren ranks ; and Maryland and Ohio now joined her. In New Jersey and Massachusetts the Whig majorities were re duced ; and in New York, where Seward and AVeed had established a political management quite equal to the Regency, the former was chosen governor by a majority of ELECTIONS OF 1838. 311 over 10,000, but still less by 5,000 than the Whig major ity of 1837. The Democrats now reaped the unpopu larity of Van Buren's upright neutrality in the Canadian troubles. Northern and western New York gave heavy Whig majorities. Jefferson county on the very border, which had stood by Van Buren even in 1837, went over to the Whigs. Van Buren met Congress in December, 1838, with more cheerful words. The harvest had been bountiful, he said, and industry again prospered. The first half century of our Constitution was about to expire, after proving the advantage of a government " entirely de pendent on the continual exercise of the popular wdl." He returned firmly to his lecture on economics and the currency, drawing happily, but too soon, a lesson from the short duration of the suspension of specie pay ments in 1837 and the length of that in 1814. We had been saved, he said, the mortification of seeing our dis tresses used to fasten again upon us so " dangerous an institution " as a national bank. The treasury would be able in the coming year to pay off the $8,000,000 out standing of the $10,000,000 of treasury notes authorized at the extra session. Texas had withdrawn its applica tion for admission to the Union. The final removal of the Indian tribes to the west of the Mississippi in accordance with the Democratic policy was almost accomplished. There were but two blemishes on the fair record the White House sent to the Capitol. Swartwout, Jackson's collector of New York, was found, after his supersession by Jesse Hoyt, to be a defaulter on a vast scale. His defalcations, the presi dent carefully pointed out, had gone on for seven years, - as well while public moneys were kept with the United 312 MARTIN VAN BUREN. States Bank and while they were kept with state banks, as while they were kept by public officers. It was broadly intimated that this disgrace was not unrelated to the general theory which had so long connected the collection and custody of public moneys with the ad vancement of private interests ; and the president asked for a law making it a felony to apply public moneys to private uses. Swartwout's appointment in 1829, as has been said, was strenuously opposed by Van Buren as unfit to be made. After a year or two Jackson returned to Van Buren his written protest, saying that time had proved his belief in Swartwout's unfitness to be a mistake. Van Buren's own appointment to the place was, however, far from an ideal one. Jesse Hoyt was shown by his pub lished correspondence — a veritable instance, by the way, of "stolen sweets" — to have been a shrewd, able man, who enjoyed the strangely varied confidence of many distinguished, discreet, and honorable men, and of many very different persons, ranging through a singular gamut of religion, morals, statesmanship, economics, politics, patronage, banking, trade, stock gambling, and betting. The superior part of Hoyt's friends and abilities pal liates, but does not excuse, his appointment to a great post. The second Florida war still dragged out its slow and murderous length. The Seminoles under pressure had yielded to Jackson's firm policy of removing all the In dian tribes to the west of the Mississippi. The policy seemed, or rather it was, often cruel, as is so much of the progress of civilization. But the removal was wise and necessary. Tribal and independent governments by nomadic savages could not be tolerated within re gions devoted to the arts and the government of white SECOND FLORIDA WAR. 313 men. Whatever the theoretical rights of property in land, no civilized race near vast areas of lands fit for the tiUage of a crowding population has ever permitted them to remain mere hunting grounds for savages. The Seminoles in 1832, 1833, and 1834 agreed to go west upon . terms like those accepted by other Indians. The removal was to take place, one third of the tribe in each of the three years 1833, 1834, and 1835 ; but the dark-skinned men, as their white brothers would have done, found or invented excuses for not keeping their promise of voluntary expatriation. Late in 1835, when coercion, although it had not yet been employed against the Seminoles, was stiU feared by them, they rose under their famous leader, the half-breed Powell, better known as Osceola, and massacred the federal agent and Major Dade, and 107 out of 111 soldiers under him. Then followed a series of butcheries and outrages upon white men of which we have heard, and doubtless of crimes enough upon Indians of which we have not heard. Among the everglades, the swamps and lakes of Florida, its. scorching sands and impenetrable thickets, a difficult, tedious, inglorious, and costly contest went on. Military evolutions and tactics were of little value ; it was a war of ambushes and assassination. Osceola, coming with a flag of truce, was taken by General Jessup, the defense for his capture being his violation of a former parole. He was sent to Fort Moultrie, in Charleston harbor, and there died, after furnishing recitations to genera tions of school-boys, and sentiment to many of their elders. Van Buren had been compelled to ask $1,600,000 from Congress at the extra session. Before his ad ministration was ended nearly $14,000,000 had been spent ; and not until 1842 did the war end. It was one 314 MARTIN VAN BUREN. of the burdens of the administration which served to irritate a people already uneasy for deeper and more general reasons. The prowess of the Indian chief, his eloquence, his pathetic end, the miseries and wrongs of 'the Aborigines, the cost and delay of the war, all reen- forced the denunciation of Van Buren by. men who made no allowance for embarrassments which could be surmounted by no ability, because they were inevitable to the settlement by a civilized race of lands used by savages. Time, however, has vindicated the justice and mercy as weU as the policy of the removal, and of the establishment of the Indian Territory. A few days before the close of the session Van Buren ¦ asked Congress to consider the dispute with Great Brit ain over the northeast boundary. Both Maine and New Brunswick threatened, by rival military occupations of the disputed territory, to precipitate war. Van Buren assented to the civil authorities of Maine protecting the forests from destruction ; but disapproved any military seizure, and told the state authorities that he should pro pose to Great Britain an arbitration. If, however, New Brunswick sought a military occupation, he should de fend the territory as part of the state. Congress at once authorized the president to call out 50,000 volun teers, and put at his disposal a credit of $10,000,000. Van Buren persisted in his great effort peacefully to adjust the claims of our chronicaUy belligerent north eastern patriots, — in Maine as in New York finding his fate in his duty firmly and calmly to restrain a local sentiment inspiring voters of great political importance to him. The " news from Maine " in 1840 told of the angry contempt the hardy lumbermen felt for the presi dent's perfectly statesmanlike treatment of the question. ENTHUSIASTIC DEMONSTRATIONS. 315 111 the summer of 1839 Van Buren visited his old home at Kinderhook ; and on his way there and back enjoyed a burst of enthusiasm at York, Harrisburg, Lebanon, Reading, and Easton in Pennsylvania, at Newark and Jersey City in New Jersey, and at New York, Hudson, and Albany in his own state. There were salutes of artillery, pealing of bells, mounted escorts in blue and white scarfs, assemblings of " youth and beauty," the complimentary addresses, the throng ing of citizens " to grasp the hand of the man whom they had delighted to honor," and all the rest that makes up the ovations of Americans to their black- coated rulers. He landed in New York at Castle Gar den, amid the salutes of the forts on Bedloe's, Gov ernor's, and Staten Islands, and of a " seventy-four," whose yards were covered with white-uniformed sadors. After the reception in Castle Garden he mounted a spirited black horse and reviewed six thousand troops assembled on the Battery ; and then went in procession along Broadway to Chatham Street, thence to the Bow ery, and through Broome Street and Broadway back to the City Hall Park. Not since Lafayette's visit had there been so fine a reception. At Kinderhook he was overwhelmed with the affectionate pride of his old neighbors. He declined public dinners, and by the simple manner of his travel offered disproof of the sto ries about his " English servants, horses and carriages." The journey was not, however, like the good-natured and unpartisan presidential journeys of our time. The Whigs often churlishly refused to help in what they said was an electioneering tour. Seward publicly refused the invitation of the common council of New York to participate in the president's reception, because the state 316 MARTIN VAN BUREN. had honored him with the office of governor for his dis approval of Van Buren's political character and public policy, and because an acceptance of the invitation " would afford evidence of inconsistency and insincer ity." Van Buren's own friends gave a party air to much of the welcome. Democratic committees were conspicuous in the ceremonies ; and in many of the addresses much that was said of his administration was fairly in a dispute certain to last until the next year's election was over. Van Buren could hardly have ob jected to the coldness of the Whigs, for his own speeches, though decorous and respectful to the last degree to those who differed from him, were undisguised appeals for popular support of his financial policy. At New York he referred to the threatening dissatisfaction in his own state concerning his firm treatment of the Cana dian troubles. But he was persuaded, he said, that good sense and ultimately just feeling would give short duration to these unfavorable impressions. The president was too experienced and cool in judg ment to exaggerate the significance of superficial demon strations like these, which often seemed conclusive to his exuberant rival Clay. He was encouraged, however, by the elections of 1839. In Ohio the Whigs had been " pretty essentially used up," though unfortunately not to remain so a twelvemonth. In Massachusetts Mor ton, the Van Buren candidate for governor, was elected by just one vote more than a majority of the 102,066 votes cast. Georgia, New Jersey, and Mississippi gave administration majorities. In New York the adverse majority which in 1837 had been over 15,000, and in 1838 over 10,000, was now less than 4,000, in spite of the disaffection along the border counties. It was not RETURN OF THE CRISIS. 317 an unsatisfactory result, although for the first time since 1818 the legislature was completely lost. Another year, Van Buren now hoped, would bring a complete recovery from the blow of 1837. But the autumn of 1839 had also brought a blast, to grow more and more chilling and disastrous. In the early fall the Bank of the United States agreed to loan Pennsylvania $2,000,000 ; and for the loan ob tained the privilege of issuing $5 notes, having before been restricted to notes of $20 and upwards. " Thus has the Van Buren state of Pennsylvania," it was boasted, " enabled the banks to overcome the reckless system of a Van Buren national administration." The price of cotton, which had risen to 16 cents a pound, fell in the summer of 1839, and in 1840 touched as low a point as 5 cents. In the Northwest many banks had not yet resumed since 1837. To avoid execution sales it was said that two hundred plantations had been aban doned and their slaves taken to Texas. The sheriff, in stead of the ancient return, nulla bona, was said, in the grim sport of the frontier, to endorse on the fruitless writs " G. T.," meaning " Gone to Texas." A money stringency again appeared in England, as in 1837. Its exportation of goods and money to America had again become enormous. The customs duties collected in 1839 were over $23,000,000, and about the same as they had been in 1836, having fallen in 1837 to $11,000,000, and afterwards in 1840 falling to $13,000,000. Specu lation revived, the land sales exceeding $7,000,000 in 1839, while they had been $3,700,000 in 1838, and afterwards fell to $3,400,000 in 1840. Under the pressure from England the Bank of the United States sank with a crash. The " Philadelphia Gazette," com- 318 MARTIN VAN BUREN. placently ignoring the plain reasons for months set be fore its eyes, said that the disaster had "its chief cause in the revulsion of the opium trade with the Chinese ; " that upon the news that the Orientals would no longer admit the drug the Bank of England had " fairly reeled ; " and that, the balance of trade being against us, we had to dishonor our paper. Explanations of like frivolity got wide credence. The Philadelphia banks suspended on October 9, 1839, the banks of Baltimore the next day, and in a few days the banks in the North and West foUowed. The banks of New York and New England, except those of Providence, continued firm. Although the excitement of 1839 did not equal that of 1837, there was a duller and completer despondency. It was at last known that tho recuperative power of even our own proud and bounding country had limits. Years were yet necessary to a recovery. But the presidential election would not, alas ! wait years. With no faltering, however, Van Buren met Congress in December, 1839. He began his message with a regret that he could not announce a year of " unalloyed prosperity." There ought never, as presidential messages had run, to be any alloy in the prosperity of the American people. But the harvest, he said, had been exuberant, and after all (for the grapes of trade and manufacture were a little sour), the steady devotion of the husbandman was the surest source of national prosperity. A part of the $10,000,000 of treasury notes was still outstanding, and he hoped that they might be paid. We must not resort to the ruinous practice of supplying supposed necessities by new loans ; a permanent debt was an evil with no equivalent. The expenditures for 1838, the first year over whose appropriations Van Buren had had control, RETURN OF THE CRISIS. 319 had been less than those of 1837. In 1839 they had been $6,000,000 less than in 1838 ; and for 1840 they would be $5,000,000 less than in 1839. The collection and disbursement of public moneys by pubhc officers rather than by banks had, since the bank suspensions in 1837, been carried on with unexpected cheapness and ease ; and legislation was alone wanting to insure to the system the highest security and facility. Nothing daunted by the second disaster so lately clouding his political future, Van Buren sounded another blast against the banks. With unusual abundance of harvests, with manu factures richly rewarded, with our granaries and store houses filled with surplus for export, with no foreign war, with nothing indeed to endanger well -managed banks, this banking disaster had come. The government ought not to be dependent on banks as its depositories, for the banks out of New York and Philadelphia were depend ent upon the banks in those great cities, and the latter banks in turn upon London, " the centre of the credit system." With some truth, but still with a touch of demagogy, venial perhaps in the face of the blatant and silly outcries against him from very intelligent and respectable people, he said that the founding of a new bank in a distant American village placed its business " within the influence of the money power of England." Let us then, he argued, have gold and silver and not bank-notes, at least in our public transactions ; let us keep public moneys out of the banks. Again he attacked the national bank scheme. In 1S17 and 1818, in 1823, in 1831, and in 1834 the United States Bank had swelled and maddened die tides of banking, but had seldom allayed or safely directed them. Turning with seem ingly cool resolution, but with hidden anxiety, to the 320 MARTIN VAN BUREN. menacing distresses of the American voters, he did not flinch or look for fair or flattering words. We must not turn for rehef, he said, to gigantic banks, or splendid though profitless railroads and canals. Relief was to be sought, not by the increase, but by the diminution of debt. The faith of states already pledged was to be punctiliously kept ; but we must be chary of further pledges. The bounties of Providence had come to re duce tlie consequences of past errors. " But let it be indelibly engraved on our minds," he said, " that relief is not to be found in expedients. Indebtedness cannot / be lessened by borrowing more money, or by changing tlie form of the debt." The house of representatives was so divided that its control depended upon whether five Whig or Demo cratic congressmen from New Jersey should be admit ted. They had been voted for upon a general ticket tlirough tlie whole state ; and tlie Whig governor and council had given the certificate of election to the Whigs by acquiescing in the actions of the two county clerks who had, for irregularities, thrown out the Democratic districts of South Amboy and MillviUe. A collision arose curiously like the dispute over the electoral returns from Florida and Louisiana in 1877. This exclusion of tlie two districts the Democrats insisted to have been wrongful ; and not improbably with reason, for at tlie next election in 1839 the state, upon the popular vote, gave a substantial majority against the Whigs, although by the district division of tlie state a majority of tho legislature were Whigs and reelected tlie Whig gov ernor. The clerk of tlie national house had, according to usage, prepared a roll of members, which he pro ceeded to call. He seems to have placed on the roll tlie DISPUTED ORGANIZATION OF THE HOUSE. 321 names of the New Jersey representatives holding the governor's certificates. But before caUing their names, he stated to tlie house that there were rival credentials ; that he felt that he had no power to decide upon the contested rights ; and that, if tlie house approved, he would pass over tlie names until the call of tlie other states was finished. The rival credentials included a record of the votes upon whicli the governor's certificate was presumed to be based. Objection was made to passing New Jersey, and one of the governor's certifi cates was read. The New Jerseymen with certificates insisted that their names should be caUed. The clerk declined to take any step without the authority of the house, holding that he was in no sense a chairman. He behaved in the case with modesty and decorum, and tlie savage criticisms upon him seem to have no founda tion except this refusal of his to decide upon tlie prriina facie right to tlie New Jersey seats, or to act as chair man except upon unanimous consent. He was clearly right. He had no power. The very roll he prepared, and his reading it, had no force except such as tlie house chose to give them. Upon any other theory he would practically wield an enormous power justified neither by tlie Constitution nor by any law. On the fourth day of tumult a simple and lawful remedy was discovered to be at hand. Any member could himself act as chair man to put his own motion for tlie appointment of a temporary speaker ; and if a majority acquiesced, there was at once an organization without the clerk's aid. This was in precise accord with the attitude of tlie clerk, hotly abused as he was by Adams and others who adopted his position. So Adams proposed himself to put tlie question on his own motion to caU the roll with 322 MARTIN VAN BUREN. the members holding certificates. Further confusion then ensued, which was terminated by Rhett of South Carolina, who moved that John Quincy Adams act as chairman until a speaker should be chosen. Rhett put his own motion, and it was carried. Adams took the chair, rules were adopted, and order succeeded chaos. None of the New Jerseymen were permitted to vote for speaker, but a few Calhoun Democrats refused to vote for the administration candidate. Most of the adminis tration members offered to accept a Calhoun man ; but a few of them, naturally angry at South Carolina dic tation, refused, under Benton's advice, to vote for him. At last the Whigs joined the Calhoun men, and ended this extraordinary contest. The speaker, Robert M. T. Hunter, was a so-called states-rights man, and a sup porter of the independent treasury scheme. He had the fortune, after a singularly varied and even impor tant career in the United States and the Confederate States, to be appointed by President Cleveland to the petty place of collector of customs at Tappahannock, in Virginia, and to die among Americans who were famil iar with his prominence fifty years ago, but supposed him long since buried. The clerk, Hugh A. Garland, was reelected, in spite of what Adams in his diary, after his picturesque but utterly unjustifiable fashion, called the " baseness of his treachery to his trust." The Whig New Jerseymen were refused seats, and the ap parent perversion of the popular vote was rightly de feated by seating their rivals. The Whigs posed as defenders of the sanctity of state authority, and sought, upon that political issue, to force the Van Buren men to be the apologists for centralization. It was at this session that the sub-treasury bill was ELECTION OF 1840. 323 passed. As a sort of new declaration of independence Van Buren signed it on July 4, 1840. His long and honorable and his greatest battle was won. It was the triumph of a really great cause. The people, by their labor and capital, were to support the federal govern- ' ment as a mere agency for limited purposes. That government was not, in this way at least, to support or direct or control either the people or their labor or capital. But the captain fell at the time of his victory. The financial disaster of 1839 had exhausted the good nature and patience of the people. Dissertations on finance and economics, however wise, now served to irritate and disgust. These cool admonitions to econ omy and a minding of one's business were at last for a year or two popularly believed to be heartless and( repulsive. In 1840 took place the most extraordinary of presi dential campaigns. While Congi'ess was wrangling over the New Jersey episode in December, 1839, the Whig national convention again nominated Harrison for president. Tyler was taken from the ranks of seceding Democrats as the candidate for vice-president. The slaughter of Henry Clay, the father of the Whig party, had been effected by the now formidable Whig politi cians of New York, cunningly marshalled by Thurlow Weed. Availabdity had its first complete triumph in our national politics. They had not come, Governor Barbour of Virginia, the president of the Whig conven tion, said, to whine after the flesh-pots of Egypt, but to give perpetuity to republican institutions. To reach this end (not very exphcitly or intelligibly defined), it mattered not what letters of the alphabet speUed the name of the candidate ; for his part, he could sing Ho- 324 MARTIN VAN BUREN. sanna to any alphabetical combination. No platform or declaration of principles was adopted, lest some of those discontented with Van Buren should find there a coun ter-irritant. The candidates, in accepting then- nomi nations, refrained from political discussion. Harrison stood for the plain, honest citizen, coming, as one of the New York conventions said, " like another Cincinnatus from his plough," resolute for a generous administra tion, and ready to diffuse prosperity and to end hard times. Tyler, formerly a strict constructionist member of the Jackson party, was nominated to catch votes, in spite of his perfectly weU known opposition to the whole Whig theory of government. The Democratic, or Democratic-Republican, conven tion met at Baltimore on May 5, 1840. The party name was now definitely and exclusively adopted. Among the delegates were men long afterwards famous in the later Republican party. John A. Dix, Hannibal Hamlin. Simon Cameron. There was an air of despon dency about the convention, for the enthusiasm over " log cabin and hard cider " was already abroad. But ' tlie convention without wavering announced its belief in a limited federal power, in the separation of pubhc moneys from banking institutions ; and its opposition to internal improvements by the nation, to the federal as sumption of state debts, to the fostering of one industry so as to injure another, to raising more money than was required for necessary expenses of government, and to a national bank. Slavery now took for a long time its place in the party platform. The convention declared the constitutional inability of Congress to interfere with slavery in the states, and that aU efforts of abolitionists , to induce Congress to interfere with slavery were alarm- ELECTION OF 1840. 325 ing and dangerous to the Union. An elaborate address to the people was issued. It began with a clear, and for a political campaign a reasonably moderate, defense of Van Buren's administration ; it renewed the weU- worn arguments for the limited activity of government ; it made a siUy assertion that Harrison was a Federalist, and an insinuation that the glory of his military career was doubtful ; it denounced the abolitionists, whose fanaticism it charged the Whigs with enlisting in their cause. In closing, it recaUed the Democratic revolution of 1800 which broke the " iron rod of Federal rule," and contrasted the " costly and stately pageants ad dressed merely to the senses " by the WTiigs with the truth and reason of the Democracy. During the canvass Van Buren submitted to frequent interrogation. In a fashion that would seem fatal to a modern candidate, he wrote to political friends and enemies ahke, letter after letter, restating his political opinions. EspeciaUy was it sought to arouse southern distrust of him. He was accused, with fire-eating anger, of having approved a sentence of a court-martial against a naval lieutenant which was based upon the testimony of negroes. He reiterated what he had already said upon slavery ; but late in the canvass he went one step further. When asked his opinion as to the treatment by Congress of the abolition petitions, he replied, justly enough, that the president could have no concern with that matter ; but lest he should be charged with " non- committalism," he declared that Congress was ftdly jus tified in adopting the -'gag "rule. For years the peti tions had been received and referred. On one occasion in each house the subject had been considered upon a report of a committee, and decided against the petition- J -J MARTIN VAN BUREN. ers with almost entire unanimity. The rule had been adopted only after it was clear that the petitioners sim ply sought to make Congress an instrument of an agita tion which might lead to a dissolution of the Union. It was thus that Van Buren made his extreme concession to the slavocraev. And there was obvious a material excuse. No president while in office could approve the perversion of legislative procedure from the making of laws to be a mere stimulant of moral excitement. To encourage or justify petitions intended to inflame public sentiment against a wrong might be legitimate for some men, however well they knew, as Adams said he knew, that the body addressed ought not to grant tlie peti tioners' prayers. Such a course might be noble and praiseworthy for a private citizen, or possibly for a member of Congress representing the exalted moral sen timent of a single district. It would be highly illegiti mate for a man holding a great public office, and there representing the entire people and its established sys tem of laws. John Quincy Adams, under his sense of duty as president, had in 1828 pressed the humiliating claim that England should surrender American slaves escaped to English freedom ; and there is little reason to doubt that, if he had remained in the field of respon sible and executive public life, he would have agreed with Van Buren in his treatment of the matter of the abolition petitions, or rather in his expressions from the White House about them. Harrison hastened to clear his skirts of abolitionism. Congress could not, he declared, abolish slavery in the District of Columbia without the consent of Virginia and Maryland and of the District itself. For, as he argued, ignobly applying, as well as misquoting, the ELECTION OF MM. 327 American words solemnly lauded by Lord Chatham in his speech on Quartering Soldiers in Boston, "what a man has honestly acquired is absolutely bis own, which he may freely give, but which cannot be taken from him without his consent." He denounced as a slander the charge that he was an abolitionist, or that the vote he had given against anti-slavery restriction in Missouri had violated his conscience. He declared for the right of petition, which indeed nobody disputed ; but he did not say what course should be taken with the anti-slavery petitions, which was the real question to be answered. The discussion by the citizens of the free states of slav ery in the slave states was not, he said, " sanctioned by the Constitution."' " Methinks," he said at Dayton, " I hear a soft voice asking, Are you in favor of paper money ? I am ; " and to that there were " shouts of applause." In no presidential canvass in America has there been, as Mr. Schurz weU says in his life of Henry Clay, " more enthusiasm and less thought " than in the Whig canvass of 1840. The people were rushing as from a long re straint. Wise saws about the duties of government had become nauseating. A plain every-day man administer ing a paternal and affectionate government was the rul ing text, while Tyler and bis strict construction quietly served their turn with some of the doctrinaires at the South. The nation, Clay said, was " like the ocean when convulsed by some terrible storm." There was what he caUed a " rabid appetite for pubhc discussions." Webster's campaign speeches probably marked the height of the splendid and effectual flood of eloquence now poured over the land. The breeze of popular ex citement, he said, with satisfactory magnUoquence, was 328 MARTIN VAN BUREN. flowing everywhere ; it fanned the air in Alabama and the Carolinas ; and crossing the Potomac and the AUe ghenies, to mingle with the gales of the Empire State .and the mountain blasts of New England, would blow a perfect hurricane. " Every breeze," he declared, " says change ; the cry, the universal cry, is for a change." He had not, indeed, been born in a log cabin, but his elder brothers and sisters had ; he wept to think of those who had left it ; and if he failed in affectionate veneration for him who raised it, then might his name and the name of his posterity be blotted from the memory of mankind. He touched the bank question lightly ; he denounced the sub-treasury as " the first in a new series of ruthless experiments," and declared that Van Buren's " abandonment of the currency " was fatal. Forgetting who had supported and who had opposed the continued distribution of surplus revenues among the states, he condemned the president for the low state of the treas ury ; and notwithstanding it declared his approval of a generous policy of internal improvements. He would not accuse the president of seeking to play the part of Csesar or Cromwell because Mr. Poinsett, his secretary of war, had recommended a federal organization of militia, the necessity or convenience of which, it was supposed, had been demonstrated by the Canadian troubles ; but the plan, he said, was expensive, unconstitutional, and dan gerous to our liberties. He was careful to say nothing of slavery or the right of petition. Only in brief and casual sentences did he even touch the charges that Van Buren had treated political contests as " rightfully struggles for office and emolument," and that federal officers had been assessed in proportion to their salaries for partisan purposes. The president was pictured as ELECTION OF 1S40. 329 full of cynical and selfish disregard of the people ; he had disparaged the credit of the states ; he had accused Madison, and, monstrous sacrilege, even Washington, of corruption. " I may forgive this," Webster slowly said to the appalled audience, " but I shall not forget it ; " such " abominable violations of the truth of history " filled his bosom with " burning scorn." This was a highly imaginative aUusion to Van Buren's statement that the national bank had been originally devised by the friends of privileged orders. Nor need the South, even Webster intimated, have any fear of the Whigs about slavery. Could the South believe that Harrison would " lay ruthless hands on the institutions among which he was born and educated " ? No indeed, for Washington and Hancock, Virginia and Massachusetts, had joined their thoughts, their hopes, their feelings. " How many bones of northern men," he asked with majestic pathos, " lie at Yorktown ? " Senator Rives, ' now one' of the Conservatives, said that Van Buren was indeed " mild, smooth, affable, smiling ; " but humility was " young and old ambition's ladder." The militia project meant military usurpation. Look at Cromwell, he said ; look at Bonaparte. Were their usurpations not in the name of the people ? Preston of South Carolina said that Van Buren had advocated diminished wages to others ; now he should himself receive diminished wages. Harrison was, he said, " a southern man with southern principles." As for Van Buren, this " northern man with southern principles," did he not come " from be yond the Hudson," had he not been "a friend of Rufus King, a Missouri restrictionist, a friend and advocate of free negro suffrage " ? Clay said that it was no time " to argue ; " a rule his party for the moment well observed. 330 MARTIN VAN BUREN. The nation had already pronounced upon the ravages Van Buren had brought upon the land, the general and widespread ruin, the broken hopes. With the mere fact of Harrison's election, " without reference to the meas ures of his administration," he told the Virginians at Hanover, " confidence will immediately revive, credit be , restored, active business will return, prices of products will rise ; and the people will feel and know that, instead of their servants being occupied in devising measures for their ruin and destruction, they will be assiduously employed in promoting their welfare and prosperity." All this was far more glorious than the brutally true advice of the old man with a broad-axe on his shoulders, whom the Democrats quoted. When asked what was to become of everybody in the heavy distress of the panic, he answered, " Damn the panic ! If you would all work as I do, you would have no panic." The people no longer cared about " the interested few who desire to en rich themselves by the use of public money." If, as the Democrats said, the interested few had been thwarted, an almost universal poverty had for some reason or other come with their defeat. Perhaps the reflecting citizen thought that he might become, if he were not already, one of the " interested few." Nor was the demagogy all on the side of the Whigs, although they enjoyed the more popular quality of the quadrennial product. Van Buren himself, in the futile fashion of aging par ties which suppose that their ancient victories still stir the popular heart, recalled " the reign of terror " of the elder Adams, and how the " Samson of Democracy bursts the cords which were already bound around its limbs," how " a web more artfully contrived, composed of a high protective tariff, a system of internal improve- ELECTION OF 1840. 331 ments, and a national bank, was then twined around the sleeping giant " until he was " roused by the warning voice of the honest and intrepid Jackson." Harrison's own numerous speeches were awkward and indefinite enough ; but still they showed an honest and sincere man, and in the enthusiasm of the day they did him no harm. The revolts against the severe party discipline of the Democracy, aided by the popular distress, were serious. Calhoun, indeed, had returned ; but all his supporters did not return with him. The southern defection headed by White in 1836 was still most formidable, and was now reenforced by the Conservative secession north and south. Even Major Eaton .forgot Van Buren's gal lantry ten years before, and joined the enemy. The talk of •' spoils '' was amply justified ; but the abuses of patronage had not prevented Jackson's popularity, and under Van Buren they were far less serious. This cry i did not yet touch the American people. The most seri ous danger of " spoils " still lay in the future. Patron age abuses had injured the efficiency of the public ser vice, but they had not yet begun to defeat the popular will. Jackson came resolutely to Van Buren's aid in the fashionable letter-writing. " The Rives Conserva tives, the Abolitionists and Federalists " had combined, the ex-president vivaciously said, to obtain power " by falsehood and slander of the basest kind ; " but the " virtue of the people," he declared in what from other lips would have seemed cant, would defeat " the money power." Van Buren's firmness and ability entitled him, he thought, to a rank not inferior to Jefferson or Madi son, while he rather unhandsomely added that he had never admired Harrison as a military man. The Whig campaign was highly picturesque. Meetings were measured by " acres of men." They gathered on 332 MARTIN VAN BUREN. the field of Tippecanoe. Revolutionary soldiers marched in venerable processions. Wives and daughters came with their husbands and fathers. There were the barrel of cider, the coon-skins, and the log cabin with the live raccoon running over it and the latch-string hung out ; for Harrison had told his soldiers when he left them, that never should his door be shut, " or the string of the latch pulled in." Van Buren meantime, with an aristocratic sneer upon his face, was seated in an English carriage, after feeding himself from the famous gold spoons bought for the White House. Harrison was a hunter who had caught a fox before and would again ; one of the county processions from Pennsylva nia boasted, " Old Mother Cumberland — she 'U bag the fox." Illinois would " teach the palace slaves to respect the log cabin." "Down with the wages, say the administration." " Matty's policy, fifty cents a day and French soup ; our policy, two dollars a day and roast beef." Newspapers were fuU of advertisements like this : " The subscriber will pay $5 a hundred for pork if Harrison is elected, and $2.50 if Van Buren is." But the songs were most interesting. The ball, which Benton had said in his last speech on the expunging res olution that he " solitary and alone " had put in motion, was a mine of similes. They sang : ' ' With heart and soul This ball we roll." " As rolls the ball, Van's reign does fall, And he may look To Kinderhook." " The gathering ball is rolling still, And still gathering as it rolls.'' ELECTION OF 1840. 333 Harrison's battle with the Indians gave the effective cry of " Tippecanoe and Tyler too." And so they sang : " Farewell, dear Van, You 're not our man ; To guard the ship, We '11 try old Tip." ' With Tip and Tyler We '11 burst Van's biler." Old Tip he wears a homespun suit, He has no ruffled shirt — wirt — wirt ; But Mat he has the golden plate, And he 's a little squirt — wirt — wirt." When the election returns began to come from the August and September states, the joyful excitement passed all bounds. Then the new Whigs found a new Lilliburlero. To the tune of the " Little Pig's Tail " they sang : ' ' What has caused this great commotion, motion, motion, Our country through ? It is the ball a-rolling on, For Tippecanoe and Tyler too, Tippecanoe and Tyler too ! " And with them we '11 beat little Van, Van ; Van is a used-up man. . Oh, have you heard the news from Maine, Maine, Maine, All honest and true ? One thousand for Kent and seven thousand gain For Tippecanoe," etc. And then Joe Hoxie would close the meetings by sing ing " Up Salt River." The result was pretty plain before November. New Hampshire, Connecticut, Rhode Island, and Virginia voted for state officers in the spring. All had voted for Van Buren in 1836 ; aU now gave Whig majorities, 334 MARTIN VAN BUREN. except New Hampshire, where the Democratic majority was greatly reduced. In August North Carolina was added to the Whig column, though in Missouri and Il linois there was little change. But when in September Maine, which had given Van Buren nearly eight thou sand majority, and had since remained steadfast, " went hell-bent for Governor Kent " and gave a slight Whig majority, the administration's doom was sealed. Harrison received 234 electoral votes, and Van Buren 60. New York gave Harrison 13,300 votes more than Van Buren ; but a large part of this plurality, per haps all, came from the counties on the northern and western borders. Only one northern state, Illinois, voted for Van Buren. Of the slave states, five, Vir ginia, South Carolina, Alabama, Missouri, and Arkansas, were for Van Buren ; the other eight for Harrison. There was a popular majority in the slave states of about 55,000 against Van Buren in a total vote of about 695,000, and in the free states, of about 90,000 in a to tal vote of about 1.700,000, still showing, therefore, his greater popular strength in the free states. The in crease in the popular vote was the most extraordinary the country has ever known, proving the depth and universality of the feeling. This vote had been about 1,500,000 in 1836 ; it reached about 2,400,000 in 1840, an increase of 900,000, while from 1840 to the Clay canvass of 1844 it increased only 300,000. Van Bu ren, as a defeated candidate in 1840, received about 350,000 votes more than elected him in 1836 ; and the growth of population in the four years was probably less, not greater, than usual. There were cries of " fraud and corruption " because of this enormously increased vote, cries which Benton long afterwards se- DEFEAT. 335 riously heeded ; but there seems to be no good reason to treat them otherwise than as one of the many expres sions of Democratic anguish. Van Buren received the seemingly crushing defeat with dignity and composure. While the cries of " Van, Van, he 's a used-up man," were coming with some of the sting of truth through the White House windows, he prepared the final message with which he met Con gress in December, 1840. The year, he said, had been one of " health, plenty, and peace." Again he declared the dangers of a national debt, and the equal dangers of too much money in the treasury ; for " practical econ omy in the management of public affairs," he said, " can have no adverse influence to contend with more power ful than a large surplus revenue." Again he attacked the national bank scheme. During four years of the greatest pecuniary embarrassments ever known in time of peace, with a decreasing public revenue, with a for midable opposition, his administration had been able punctually to meet every obligation without a bank, without a permanent national debt, and without incurring any liability which the ordinary resources of the govern ment would not speedily discharge. If the public ser vice had been thus independently sustained without either of these fruitful sources of discord, had we not a right to expect that this policy would " receive the final Sanson of a people whose unbiased and fairly elicited judgment upon public affairs is never ultimately wrong " ? Again with a clear emphasis he declared against any attempt of the government to repair private losses sus tained in private business, either by direct appropria tions or by legislation designed to secure exclusive privileges to individuals or classes. In the very last 336 MARTIN VAN BUREN. words of this, his last message, he gave an account of his efforts to suppress the slave trade, and to prevent "the prostitution of the American flag to this inhuman purpose," asking Congress, by a prohibition of the Amer ican trade which took supplies to the slave factories on the African coast, to break up " those dens of iniquity." V The short session of Congress was hardly more than a jubilee of the Whigs, happily ignorant of the com plete chagrin and frustration of their hopes which a few months would bring. Some new bank suspensions oc curred in Philadelphia, and among banks closely con nected with that city. The Bank of the United States, after a resumption for twejity days, succumbed amid its own loud protestations of solvency, its final disgrace and ruin being, however, deferred a little longer. Van Buren's cabinet was somewhat changed before he left office. In 1838 his old friend and ally, and one of the chief champions of his policy, Benjamin F. But ler, resigned the office of attorney-general, but without any break political or personal, as was seen in his fine and arduous labors in the canvass of 1840 and in the Democratic convention of 1844. Felix Grundy of Ten nessee then held the place until late in 1839, when he resigned. Van Buren offered it, though without much heartiness, to James Buchanan, who preferred, however, to retain his seat in the senate; and Henry D. Gilpin, another Pennsylvanian, was appointed. Amos Kendall's enormous industry and singular equipment of doctri naire convictions, narrow prejudices, executive abdity, and practical political skill and craft, were lost to the administration through the failure of his health in the midst of the campaign of 1840. In an address to the public he gave a curious proof that for him work was DEFEAT. 337 more wearing in public than in private service. He stated that as he was poor he should resort to private employ ment suitable to his health ; and that he proposed, there fore, during the canvass to write for the Globe in defense of the president, in whose integrity, principles, and firm ness his confidence, he said, had increased. In 1838, when his health had threatened to be unequal to his work, Van Buren had offered him the mission to Spain, if it should become vacant. John M. NUes, formerly a Democratic senator from Connecticut, took Kendall's place in the post-office. Van Buren welcomed Harrison to the White House, and before the inauguration entertained him there as a guest, with the easy and dignified courtesy so natural to him, and in marked contrast to the absence of social amenities on either side at the great change twelve years before. Under Van Buren indeed the executive man sion was administered with elevated grace. There was about it, while he was master there, the unostentatious elegance suited to the dwelling of the chief magistrate of the great republic. There were many flings at him for his great economy, and what was called his par simony ; but he was accused as well of undemocratic luxury. The talk seemed never to end over the gold spoons. The contradictory charges point out the truth. Van Buren was an eminently prudent man. He did not indulge in the careless and useless waste which im poverished Jefferson and Jackson. By sensible and honorable economy he is said to have saved one half of the salary of $25,000 a year then paid to the president.1 1 It should be remembered that several great expenses of the White House were then and are now met by special and additional appropriations. 338 MARTIN VAN BUREN. Returning to private life, he was spared the humiliation of pecuniary trouble, which had distressed three at least of his predecessors. But through an exquisite sense of propriety, he had not faded to order the White House with fitting decorum and a modest state. His son Abra ham Van Buren was his private secretary ; and after .the latter's marriage, in November, 1838, to Miss Single ton of South Carolina, a niece of Andrew Stevenson, and a relation of Mrs. Madison, he and his wife formed the presidential family. In 1841 they accompanied the ex-president to his retirement at Lindenwald. Under Andrew Jackson the social air of the White House had suffered from his ill-health and the bitter ness of his partisanship ; and in this respect the change to his successor was most pleasing. Van Buren used an agreeable tact with even his strongest opponents ; and about his levees and receptions there were a charm and a grace by no means usual in the dwellings of American public men. He had, we are told in the Recollections of Sargent, a political adversary of his, " the high art of blending dignity with ease and gravity." He introduced the custom of dining with the heads of departments and foreign ministers, although with that exception he ob served the etiquette of never being the guest of others at Washington. Judge Story mentions the " splendid din ner " given by the president to the judges in January, 1839. John Quincy Adams's diary bears unintended testi mony to Van Buren's admirable personal bearing in office. From the time he reached Washington as secre tary of state, he had treated Adams in his defeat with marked distinction and deference, which Adams, as he records, accepted in his own house, in the White House, DEFEAT. 33 and elsewhere. At a social party the president, he sail " was, as usual, courteous to all and particularly to me. Van Buren had therefore every reason to suppose tlu there was between himself and Adams a not unfriend] personal esteem. But Adams, in his churlish, bitte temper, apparently found in these wise and generoi civilities only evidence of a mean spirit. After one vis at the White House during the height of the crisis c 1837, he recorded that he found Van Buren looking not wretched, as he had been told, but composed an tranquil. Returning home from this observation of th president's " calmness, his gentleness of manner, h easy and conciliatory temper," this often unmannerl pen described besides " his obsequiousness, his syci phancy, his profound dissimulation and duplicity, . . his fawning civility." In a passage which was remarl able in that time of political bitterness so largely pe sonal, Clay said, in his parliamentary duel with Ca houn, after the latter rejoined the Democratic part; that he remembered Calhoun attributing to the pres dent the qualities of " the most crafty, most skulking and the meanest of the quadruped tribe." Saying th; he had not shared Calhoun's opinion, he then added < Van Buren : — " I have always found him in his manner and depor ment, civil, courteous, and gentlemanly ; and he di penses in the noble mansion which he now occupies, oi worthy the residence of the chief magistrate of a gre; people, a generous and liberal hospitality. An acquain ance with him of more than twenty years' duration hi inspired me with a respect for the man, although I regr< to be compeUed to say, I detest the magistrate." CHAPTER XI. EX-PRESIDENT. SLAVERY. TEXAS ANNEXATION. DEFEAT BiT THE SOUTH. FREE-SOIL CAMPAIGN. LAST YEARS. Van Buren loitered at Washington a few days after his presidency was over, and on his way home stopped at Baltimore, Philadelphia, and New York. At New York he was finely welcomed. Amid great crowds he was taken to the City Hall in a procession headed by Captain Brown's corps of lancers and a body of armed firemen. He reached Kinderhook on May 15, 1841, there to make his home until his death. He had, after the seemly and pleasing fashion of many men in Ameri can public life, lately purchased near this village among the hills of Columbia county, the residence of William P. Van Ness, where Irving had thirty years before lived in seclusion after the death of his betrothed, and had put the last touches to his Knickerbocker. It was an old estate, whose lands had been rented for twenty years and under cultivation for a hundred and sixty, and from which Van Buren now managed to secure a profit. To this seat he gave the name of Lindenwald, a name which in secret he probably hoped the American people would come to group with Monticello, Montpellier, and the Hermitage. But this could not be. Van Buren had served but half the presidential term of honor. He was not a sage, but still a candidate for the presidency. EX-PRESIDENT. 3 Before the electoral votes were counted in 1841, Bent declared for his renomination in 1844 ; and until t latter year he again held the interesting and power but critical place of the probable candidate of his pai for the presidency. He remained easily the chief figi in the Democratic ranks. His defeat had not tak from him that honor which is the property of the stat man standing for a cause whose righteousness and pro ise belong to the assured future. His defeat signified personal, no political fault. It had come to him fron widespread convulsion for which, perhaps less than a great American of his time, he was responsible, /l party could not abandon its battle for a limited a non-paternal government and against the use of pul moneys by private persons.) It could not therefore ab don him ; for more than any other man who had : now finally retired he represented these causes in own person. But his easy composure of manner did : altogether hide that eating and restless anxiety which often attends this supreme ambition of the American Two days after leaving the White House, Van Bm said, in reply to complimentary resolutions of the leg lature of Missouri, that he did not utterly lament bitter attacks upon him ; for experience had taught 1 that few pohtical men were praised by their foes ui they were about abandoning their friends. With pleasing frankness he admitted that to be worthy of presidency and to reach it had been the object of " most earnest desire ; " but he said that the selection the next Democratic candidate must be decided by probable effect upon the principles for which they 1 just fought, and not upon any supposition that he 1 been wounded or embittered by his defeat in th 342 MARTIN VAN BUREN. defense. His description of a candidate meant himself, however, and rightly enough. In November, 1841, he wrote of the " apparent success of last year's buffoonery ;" ' and intimated that, though he would take no step to be a candidate, it was not true that he had said he should decline a nomination. Early in 1842, the ex -president made a trip through the South, in company with James K. Paulding, visiting on his return Clay at Ashland, and Jackson at the Her mitage. He was one of the very few men on personally friendly terms with both those long-time enemies. At Ashland, doubtless, Texas was talked over, even if a bargain were not made, as has been fancied, that Clay and Van Buren should remove the troublesome question from politics. In a fashion very different from that of modern candidates, he now wrote, from time to time, able, long, and explicit, but somewhat tedious letters on political questions. In one of them he touched protec tion more clearly than ever before. He favored, he said in February, 1843, a tariff for revenue only ; the " incidental protection " which that must give many American manufacturers was all the protection which should be permitted ; the mechanics and laborers had been the chief sufferers from a " high protective tariff." He was at last and definitely " a low tariff man." He declared that he should support the Democratic candi date of 1844 ; for he believed it to be impossible that a selection from that source should not accord with his views. He did not perhaps realize to how extreme a test his sincerity would be put. He added words which four years later read strangely enough. " My name and pretensions," he said, " however subordinate in impor tance, shaU never be at the disposal of any person what- EX-PRESIDENT. 34 ever, for the purpose of creating distractions or divisioi in the Democratic party." The party was indeed known as the " Van Bun party " until 1844, so nearly universal was the suppoi tion that he was to be renominated, and so plainly w he its leader. The disasters which had now overtaki the Whigs made his return to power seem probab enough. The utterly incongruous elements held togeth during the sharp discontent and wonderful but inartic late enthusiasm of 1840 had quickly fallen apart. Whi on his way to Kinderhook Van Buren was the chief figu in the obsequies of Harrison at New York. This hone man, of whom John Quincy Adams said, with his usu savage exaggeration, that his dull sayings were repeati for wit and his grave inanity passed off for wisdom, hi already quarreled with the splendid leader whose pla he was too coifscious of usurping. Tyler's accession w the first, but not the last warning, which American poli cians have had of the danger of securing the president by an award of the second place to a known opponent the principles whose success they seek. Tyler had n before his nomination concealed his narrow and Dem cratic views of government. The Whigs had ostent tiously refused to declare any principles when th nominated him. In technical conscientiousness marched with a step by no means cowardly to unhonor political isolation, as a quarter of a century later march another vice-president nominated by a party in who ranks he too was a new recruit. Upon Tyler's veto the bill for a national bank, an outcry of agony went i from the Whigs ; the whole cabinet, except Webstf resigned ; a new cabinet was formed, partly from t Conservatives ; and by 1844, Tyler was a forlorn can( 344 MARTIN VAN BUREN. date for the Democratic nomination, which he claimed for his support of the annexation of Texas. Upon this first of the great pro-slavery movements Van Buren was defeated for the Democratic nomination in 1844, although it seemed assured to him by every consideration of party loyalty, obligation, and wise fore sight. The relations of government to private business ceased to be the dominant political question a few months and only a few months too soon to enable Van Buren to complete his eight years. Slavery arose in place of economics. No mistake is more common in the review of Ameri can history than to suppose that slavery was an active or definite force in organized American politics after the Missouri Compromise and before the struggle for the annexation of Texas under Tyler's administration. The appeals of the abolitionists to the simpler and deeper feelings of humanity were indeed at work before 1835 ; and from that year on they were profoundly stirring the American conscience and storing up tremen dous moral energy. But slavery was not in partisan politics. In 1836 and 1840 there was upon slavery no real difference between the utterances of the candidates and other leaders, Whig and Democratic, whether north or south. Van Buren was supported by many aboli tionists ; the profoundest distrust of him was at the South. Upon no question touching slavery with which the president could have concern, did his opinions or his utterances differ from those of John Quincy Adams. Clay said in November, 1838, that the abolitionists denounced him as a slaveholder and the slaveholders denounced him as an abolitionist, while both united on Van Buren. The charge of truckling to the South, DEFEAT BY THE SOUTH. 345 traditionally made against Van Buren, is justified by no utterance or act different from those made by all American public men of distinction at the time, except perhaps in two instances, — his vote as vice-president for Kendall's bill against sending inflammatory abolition circulars through the post-office to states which pro hibited their circulation, and his approval of the rules in the senate and house for tabling or refusing abolition petitions without reading them. But neither of these, as has been shown, was a decisive test. In the first case he met a political trick ; and for his vote there was justly much to be said on the reason of the thing, apart from southern wishes. As late as 1848, Webster, in criticising Van Buren's inconsistency, would say no more of the law than that it was one " of very doubtful propriety ; " and declared that he himself should agree to legislation by Congress to protect the South " from incitements to insurrection." In the second case Van Buren's position in public life restrained him from acquiescing in an agitation in Congress for measures which, with all responsible public men, Adams included, he believed Congress ought not to pass. The Democratic convention was to meet in May, 1844. The delegates had been very generally in structed "for Van Buren ; and two months before it assembled his nomination seemed beyond doubt. But the slave states were now fired with a barbarous enthu siasm to extend slavery by annexing Texas. To this Van Buren was supposed to be hostUe. His southern opponents, in February, 1843, skillfully procured from Jackson, innocent of the plan, a strong letter in favor of the annexation, to be used, it was said, just before the convention, " to blow Van out of water." The letter 346 MARTIN VAN BUREN. was first published in March, 1844. Van Buren was at once put to a crucial test. His administration had been adverse to annexation ; his opinion was still adverse. But a large, and not improbably a controlling section of his party, aided by Jackson's wonderful prestige, deemed it the most important of political causes. Van Buren was, according to the plan, explicitly asked by a southern delegate to state, with distinct reference to the action of the convention, what were his opinions. The ex-president deeply desired the nomination ; and the nomination seemed conditioned upon his surrender. It was at least assured if he now gave no offense to the South. But he did not flinch. He resorted to no safe generalizations. His views upon the annexation were, he admitted, different from those of many friends, political and personal ; but in 1837 his administration after a careful consideration had decided against annexation of the state whose independence had lately been recognized by the United States ; the situation had not changed ; immediate annexation would place a weapon in the hands of those who looked upon Ameri cans and American institutions with distrustful and envious eyes, and would do us far more real and lasting injury than the new territory, however valuable, could repair. He intimated that there was jobbery in some of the enthusiasm for the annexation. The argument that England might acquire Texas was without force ; when England sought in Texas more than the usual commercial favors, it would be time for the United States to interfere. He was aware, he said, of the hazard to which he exposed his standing with his south ern feUow-citizens, " of whom it was aptly and appropri ately said by one of their own number that ' they are DEFEAT BY THE SOUTH. 347 the children of the sun and partake of its warmth.' " But whether we stand or fall, he said, it is always true wisdom as well as true morality to hold fast to the truth. If to nourish enthusiasm were one of the effects of a genial climate, it seldom failed to give birth to a chivalrous spirit. To preserve our national escutcheon untarnished had always been the unceasing solicitude of southern statesmen. The only tempering he gave his refusal was to say that if, after the subject had l«eh fully discussed, a Congress chosen with r/^crence to the question showed the popular will to favor it, he would yield.1 Van Buren thus closed his letter : " Nor can I in any extremity be induced to cast a shade over the motives of my past life, by changes or concealments of opinions maturely formed upon a great national ques tion, for the unworthy purpose of increasing my chances for political promotion." 1 I must again complain of the curious though unintended unfairness of Professor Yon Hoist (Const. Hist, of the TJ. S. 1S2S- 1846, Chicago, 1879, p. C63). He treats this letter with great contempt. He assumes indeed that Van Buren's declaration for annexation would have given him the nomination ; and admits that Van Buren declared himself " decidedly opposed to annexa tion." After this sufficient proof of courage, for Van Buren could at least have simply promised to adopt the vote of Congress on the main question, it was not very sensible to declare ' ' disgust ing " Van Buren's efforts "to creep through the thorny hedge which shut him off from the party nomination. ' ' Professor Von Hoist's "disgust" seems particularly directed against the pas sage here annotated where, after his strong argument against annexation, he declared that he would not be influenced by sec tional feeling, and would obey the wishes of a Congress chosen with reference to the question. Few, I think, will consider this promise with reference to such a question, either cowardly or ' ' disgusting, ' ' made, as it was, by a candidate for the presidency of a democratic Eepublic, after clearly and firmly declaring his own views in advance of the congressional elections. 348 MARTIN VAN BUREN. To a presidential candidate the eve of a national con vention is dim with the self-deceiving twilight of sophis try ; and the twilight deepens when a question is put upon which there is a division among those who are, or who may be, his supporters. He can keep silence, he can procure the questioning friend to withdraw the troublesome inquiry ; he can ignore the question from an enemy ; he can affect an enigmatical dignity. Van Bui ^ did neither of these. His Texas letter was one of the finest ai.l bravest pieces of political courage, and deserves from Americans a long admiration. The danger of Van Buren's difference with Jackson it was sought to avert. Butler visited Jackson at the Hermitage, and doubtless showed him for what a sinister end he had been used. Jackson did not withdraw his approval of annexation ; but publicly declared his re gard for Van Buren to be so great, his confidence in Van Buren's love of country to be so strengthened by long intimacy, that no difference about Texas could change his opinions. Van Buren's nomination was again widely supposed to be assured. But the work of Calhoun and Robert J. Walker had been too well done. The con vention met at Baltimore on May 27, 1844. George Bancroft headed the delegation from Massachusetts. Before the Rev. Dr. Johns had " fervently addressed the Throne of Grace " or the Rev. Mr. McJilton had " read a scripture lesson," the real contest took place over the adoption of the rule requiring a two-thirds vote for a nomination. For it was through this rule that enough southern members, chosen before Van Buren's letter as they had been, were to escape obedience to their instrucT tions to vote for him. Robert J. Walker, then a senator from Mississippi, a man of interesting history and large DEFEAT BY THE SOUTH. 349 ability, led the southerners. He quoted the precedent of 1832, when Van Buren had been nominated for the vice-presidency under the two-thirds rule, and that of 1835, when he had been nominated for the presidency. These nominations had led to victory. In 1840 the rule had not been adopted. Without this rule, he said amid angry excitement, the party would yield to those whose motto seemed to be " rule or ruin." Butler, Daniel S. Dickinson, and Marcus Morton led the north ern ranks. Butler regretted that any member should condescend to the aUusion to 1840. That year, he said, had been a debauchery of the nation's reason amid log cabins, hard cider, and coon-skins ; and in an ecstasy of painful excitement at the recollection and amid a tre mendous burst of applause " he leaped from the floor and stamped ... as if treading beneath liis feet the object of his loathing." The true Democratic rule, he continued, required the minority to submit to the ma jority. Morton said that under the majority rule Jeffer son had been nominated ; that rule had governed state, county, and township conventions. Butler admitted that under the rule Van Buren would not be nominated, although a majority of the convention was known to be for him. In 1832 and 1835 the two-thirds rule had pre vailed because it was certainly known who would be nominated ; and the rule operated to aid not to defeat the majority. If the rule were adopted, it would be by the votes of states which were not Democratic, and would bring " dismemberment and final breaking up of the party." Walker laughed at Butler's " tall vaulting " from the floor ; and, refusing to shrink from the Van Buren issue, he protested against New York dictation, and warningly said* that, if Van Buren were nominated, 350 MARTIN VAN BUREN. Clay would be elected. After the convention had re ceived with enthusiasm a floral gift from a Democratic lady whom the president declared to be fairer than the flowers, the vote wras taken. The two-thirds rule was adopted by 148 to 118. AU the negatives were north erners, except 14 from Missouri, Maryland, and North Carolina. Fifty-eight true " northern men with southern principles " joined ninety southerners in the affirmative. I* was reaUy a vote on Van Buren, — or rather upon the annexation of Texas, — or rather still upon the ex tension of American slave territory. It was the first battle, a sort of Bull Run, in the last and great political campaign between the interests of slavery and those of freedom. On the first ballot for the candidate, Van Buren had 146 votes, 13 more than a majority. If after the vote on the two-thirds rule anything more were required to show that some of these votes were given in mere formal obedience to instructions, the second ballot brought the proof. Van Buren then sank to 127, less than a majority ; and on the seventh ballot to 99. A motion was made to declare him the nominee as the choice of a majority of the convention ; and there fol lowed a scene of fury, the president bawling for order amid savage taunts between North and South, and bitter denunciations of the treachery of some of those who had pledged themselves for Van Buren. Samuel Young of New York declared the " abominable Texas question " to be the fire-brand thrown among them by the " mon grel administration at Washington," whose hero was now doubtless fiddling while Rome was burning. Nero seems to have been Calhoun, though between the god like young devil of antiquity wreathed with sensual DEFEAT BY THE SOUTH. 351 frenzy and infamy, and the solemn, even saturnine figure of the great modern advocate of human slavery the likeness seemed rather distant. The motion was declared out of order ; and the name of James K. Polk was presented as that of " a pure whole-hogged Demo crat." On the eighth ballot he had 44 votes. Then followed the magnanimous scene of " union and har mony " which has so often, after a conflict, charmed a political body into unworthy surrender. The great delegation from New York retired during the ninth balloting ; and returned to a convention profoundly silent but thrilling with that bastard sense of coming glory in which a lately tumultuous and quarreling body waits the solution of its difficulties already known to be reached but not yet declared. Butler quoted a letter which Van Buren had given him authorizing the with drawal of his name if it were necessary for harmony ; he eulogized Polk as a strict constructionist, and closed by reading a letter from Jackson fervently urging Van Buren's nomination. Daniel S. Dickinson said that " he loved this convention because it had acted so like the masses," and cast New York's 35 votes for Polk. The latter's nomination was declared with the utmost joy, and sent to Washington over Morse's first tele graph line, just, completed. Silas Wright of New York, Van Buren's strong friend and a known opponent of annexation, was, in the fashion since followed, nomi nated for the vice-presidency, to soothe the feelings and the conscience of the defeated. Wright peremp torily telegraphed his refusal. He told his friends that he did " not choose to ride behind on the black pony." George M. DaUas of Pennsylvania took his place. The Democratic party now threw away all advantage 352 MARTIN VAN BUREN. of the issue made by the undeserved defeat four years before. Thirty-six years later it repeated the blunder in discarding Van Buren's famous neighbor and disciple. It was the first selection by the party of a man distinctly of the second or of even a lower rank. Polk was known to have ability inferior not only to that of Van Buren and Calhoun, but to Cass, Buchanan, Wright, and others. He was the first presidential " dark horse," and indeed hardly that. His own state of Tennessee had, by reso lution, presented him as its choice for vice-president with Van Buren in the first place. He had been speaker of the national house, and later, governor of his state ; but since holding these places had been twice de feated for governor. In accepting the nomination he declared, with an apparent fling at Van Buren, that, if elected, he should not accept a renomination, and should thus enable the party in 1848 to make " a free selec tion." The nomination aroused disgust enough. " Polk ! Great God, what a nomination ! " Letcher, the Whig governor of Kentucky, wrote to Buchanan. But the experiment of 1840 with the Whigs had been disastrous ; the people had swung back to the strict doctrines of the Democracy. Van Buren faithfully kept his promise to support the nomination ; under his urgency Wright finally accepted the nomination for governor of New York. And by the vote of New York Henry Clay was defeated by a man vastly his inferior. Polk had 5,000 plurality in that state ; but Wright had 10,000. Had not James G. Birney, the abolitionist candidate who polled there 15,812 votes, been in the field, not even Van Buren's party loyalty would have prevented Clay's elec tion. Van Buren's friends saved the state ; but in SLAVERY IN POLITICS. 353 doing so voted for annexation. In April, 1844, Clay had written a letter against annexation. As it appeared within a few days of Van Buren's letter, and as the per sonal relations between the two great party leaders were most friendly, some have inferred an arrangement be tween them to take the question out of politics. This would indeed have been an extraordinary occurrence. One might weU wish to have overheard a negotiation between two rivals for the presidency to exclude a great question distasteful to both. After the Democratic con vention, Tyler's treaty of annexation was rejected in the senate by 35 to 16, six Democrats from the North, among them Wright of New York and Benton of Mis souri, voting against it. During the campaign Clay had weakly abandoned even the mild emphasis of his first opposition, and by flings at the abolitionists had openly bid for the pro-slavery vote ; thus perhaps los ing enough votes in New York to Birney to defeat him. After the election the current for annexation seemed too strong ; and a resolution passed both houses author izing the admission of Texas as a state. The resolution provided for the formation of four additional states out of Texas. In any such additional state formed north of the Missouri compromise hne, slavery was to be pro hibited ; but in those south of it slavery was to be per mitted or prohibited as the inhabitants might choose. Slavery was now clearly before the political conscience of the nation. Van Buren was the conspicuous victim of the first encounter. The Baltimore convention had in its platform complimented " their illustrious feUow citizen," " his inflexible fidelity to the Constitution," his " ability, integrity, and firmness," and had tendered to him, " in honorable retirement," the assurance of the 354 MARTIN VAN BUREN. deeply-seated " confidence, affection, and respect of the American Democracy." This sentence to "honorable retirement " Van Buren, who was only in his sixty- second year and in the amplitude of his natural powers, received with outward complacency. On the eve of the election he pointed out, probably referring to Cass, that the hostility to him had not been in the interest of Polk, and warmly said that, unless the Democratic creed were a delusion, personal feelings ought to be turned to nothing- Van Buren was, however, profoundly affected by what he deemed the undeserved southern hostility to himself. For he hardly yet appreciated that his defeat was politi cally legitimate, and not the result of political treachery or envy. Between him and the southern politicians had opened a true and deep division over the greatest single question in American politics since Jefferson's election. With Polk's accession and the Mexican war, the schism in the Democratic ranks over the extension of American slave territory became plainer. Even during the canvass of 1844 a circular had been issued by Wil liam CuUen Bryant, David Dudley Field, John W. Ed monds, and other Van Buren men, supporting Polk, but urging the choice of congressmen opposed to annexa tion. Early in the new administration the division of New York Democrats into " barnburners " and " old hunkers " appeared. The former were the strong pro- Van Buren, anti-Texas men, or " radical Democrats," who were likened to the farmer who burned his barn to clear it of rats. The latter were the " northern men with southern principles," the supporters of annexation, and the respectable, dull men of easy consciences, who were said to hanker after the offices. The Barnburn ers were led by men of really eminent ability and THE WILMOT PROVISO. 355 exalted character : Silas Wright, then governor, Benja min F. Butler, John A. Dix, chosen in 1845 to the United States senate, Azariah C. Flagg, the famous comptroller, and John Van Buren, the ex-president's son, and a singularly picturesque figure in politics, who was, in 1845, made attorney-general by the legislature. He had been familiarly called " Prince John " since his travels abroad during his father's presidency. Daniel S. Dickinson and William L. Marcy were the chief figures in the Hunker ranks. Polk seemed inclined, at the beginning, to favor, or at least to placate, the Barn burners. He offered the treasury to Wright, though he is said to have known that Wright could not leave the governorship. He offered Butler the war depart ment, but the latter's devotion to his profession, for which he had resigned the attorney-general's place in Van Buren's cabinet, made him prefer the freedom of the United States attorneyship at New York, and Marcy was finally given the New York place in the cabinet. Jackson's death in June, 1845, deprived the Van Buren men of the tremendous moral weight which his name carried, and which might have daunted Polk. It per haps also helped to loosen the weight of party ties on the Van Buren men. After this the schism rapidly grew. In the fall election of 1845 the Barnburners pretty thoroughly controlled the Democratic party of the state in hostility to the Mexican war, which the an nexation of Texas had now brought. Samuel J. Tilden of Columbia county, and a profound admirer of Van Buren, became one of their younger leaders. Now arose the strife over the " WUmot proviso," in which was embodied the opposition to the extension of slavery into new territories. Upon this proviso the 356 MARTIN VAN BUREN. modern Republican party was formed eight j-ears later : upon it, fourteen years later, Abraham Lincoln was chosen president ; and upon it began the war for tlie Union, out of whose throes came the vastly grander and unsought beneficence of complete emancipation. David Wilmot was a Democratic member of Congress from Pennsylvania ; in New York he would have been a Barnburner. In 1S46 a bill was pending to appropri ate $3,000,000 for use by the president in a purchase of territory from Mexico as part of a peace. Wilmot proposed an amendment that slavery should be excluded from any territory so acquired. All the Democratic members, as well as the Whigs from New York, and most strongly the Van Buren or Wright men, sup ported the proviso. The Democratic legislature ap proved it by the votes of the Whigs with the Barnburn ers and the Soft Hunkers, the latter being Hunkers less friendly to slavery. It passed the house at Washing ton, but was rejected by the senate, not so quickly open to popular sentiment. In the Democratic convention of New York, in October, 1S46, the " war for the exten sion of slavery " was charged by the Barnburners on the Hunkers. The former were victorious, and Silas Wright was renominated for governor, to be defeated, however, at the election. Polk, Marcy, and Dickinson, angered at the Democratic opposition in New York to the pro-slavery Mexican policy, now threw all the weight of federal patronage against the Barnburners, many of whom believed the administration to have been responsible for Wright's defeat. Van Buren and his influence were completely separated from the na tional administration. Just before the adjournment of Congress in 1847, the appropriation to secure territory THE BARNBURNERS. 357 from Mexico was again proposed. Again the Wilmot proviso was added in the house ; again it was rejected in the senate, to the defeat of the appropriation ; and again Barnburners and Whigs carried in the New York legislature a resolution approving it, and directing the New York senators to support it. The tide was rising. It seemed that Mexican law prohibited slavery in New Mexico and Calif ornia, and that upon their cession the principles of international law would preserve their condition of freedom. Ben ton, therefore, deemed the WUmot proviso unnecessary ; a " tiling of nothing in itself, and seized upon to con flagrate the states and dissolve the Union." For the supreme court had not then pronounced slavery a neces sary accompaniment of American supremacy. But the legal protection of freedom was practicaUy unsubstan tial, even if not technical ; there could be no doubt of the determination of the South to carry slavery into these territories, whatever might be the obligations of either municipal or international law ; and their con quest, therefore, made imminent a decision of the vital question whether slavery should be still further ex tended. At the Democratic convention at Syracuse, in Sep tember, 1847, the Hunkers, after a fierce struggle over contested seats, seized control of the body. David Dudley Field, for the Barnburners, proposed a resolu tion that, although the Democracy of New York would faithfuUy adhere to the compromises of the Constitution and maintain the reserved rights of the states, they would still declare, since the crisis had come, " their uncompromising hostility to the extension of slavery into territory now free." This was defeated. The Barn- 358 MARTIN VAN BUREN. burners then seceded, and issued an address, in which Lawrence Van Buren, the ex-president's brother, joined. They protested that the anti-slavery resolution had been defeated by a fraudulent organization of the convention, and called a mass meeting at Herkimer, on October 26, " to avow their principles and consult as to future action." The Herkimer convention was really an im portant preliminary to the formation of the modern Republican party. It was a gathering of the ex-presi dent's friends. Cambreleng, his old associate, presided ; IHvjd Wilmot addressed the meeting ; and John Van Buren, now very conspicuous in politics, reported the resolutions. In these the fraud at Syracuse was again denounced; a convention was called for Washington's birthday in 1848, to choose Barnburner delegates to contest the seats of those chosen by the Hunkers in the national Democratic convention. It was declared that the freemen of New York would not submit to slavery in the conquered provinces ; and that, against the threat of Democrats at the South that they would support no candidate for the presidency who did not assent to the extension of slavery, the Democrats of New York would proclaim their determination to vote for no candidate who did so assent. It was clear that Van Buren sympathized with all this. Relieved from the constraint of power, there strongly revived his old hostility to slavery ; he recalled his vote twenty-eight years before against admitting Missouri otherwise than free. He now perceived how profound had really been the political division between him and the southern Democrats when, in 1844, he wrote his Texas letter. Ignoring the legitimate char acter of the politics of Polk's administration in denying THE BARNBURNERS. 359 official recognition or reward to Barnburners, — legiti mate if, as Van Buren had himself pretty uniformly maintained, patronage should go to friends rather than enemies, and if, as was obvious, there had arisen a true political division upon principles, — Van Buren was now touched with anger at the proscription of his friends. Excluded from the power which ought to have belonged to the chief of Democrats enjoying even in " honorable retirement " the " confidence, affection, and respect " of his party, independence rapidly grew less heinous in his eyes. One can hardly doubt that there now more freely welled up in his mind, to clarify and aid its vision, the sense of personal wrong which since Polk's nomination had been so long held in magnani mous and dignified restraint, though of this he was prob ably unconscious. Van Buren was not insincere when, in October, 1847, he wrote from Lindenwald to an enthusiastic Democratic editor in Pennsylvania, who had hoisted his name to the top of his columns for 1848. Whatever, he said, had been his aspirations in the past, he now had no desire to be president ; every day con firmed him in the political opinions to which he had adhered. Conscious of always having done his duty to the people to the best of his abdity, he had " no heart burnings to be allayed and no resentments to be grati fied by a restoration of power." Life at Lindenwald was entirely adapted to his taste ; and he was (so he wrote, and so doubtless he had forced himself to think) " sincerely and heartily desirous to wear the honors and enjoyments of private life uninterruptedly to the end." If tendered a unanimous Democratic support with the assurance of the election it would bring, he should not " hesitate respectfully and gratefully, but decidedly to 360 MARTIN VAN BUREN. decline it," adding, however, the proviso so precious to public men, " consulting only my own feelings and wishes." It was in the last degree improbable, he said, and so it was, that any emergency should arise in which this indulgence of his own preferences would, in the opinion of his true and faithful friends^ conflict with his duty to the party to which his whole life had been devoted, and to which he owed any personal sacrifice, The Mexican war had, he said, been so completely sanctioned by the government that it must be carried through ; and, he ominously added, the propriety of thereafter instituting inquiries into the necessity of its occurrence, so as to fix the just responsibility to pubhc opinion of pubhc servants, was then out of season. Not a word of praise did he speak of Polk's administration ; in this he was for once truly and grimly " non-com mittal." In the New York canvass of 1847, the Barnburners, after their secession, " talked of indifferent matters." The Whigs were therefore completely successful. In the legislature the Barnburners, or " Freesoilers " as they began to be called, outnumbered the Hunkers. Dickinson proposed in the senate at Washington a reso lution, the precursor of Douglass's " squatter sovereign ty," — that all questions concerning the domestic policy of the territories should be left to their legislatures to be chosen by their people. Lewis Cass, now the coming candidate of the South, asserted in December, 1847, the same proposition, pointing out that, if Congress could abolish the relation of master and servant in the terri tories, it might in hke manner treat the relation of hus band and wife. After this " Nicholson letter " of his, Cass might well have been asked whether he would THE FREE-SOIL PARTY. 361 have approved the admission of a state where the last relation was forbidden, and where concubinage existed as a " domestic institution." Dickinson's proposal meant that the first settlers of each territory should determine it to freedom or to slavery ; it meant that in admitting new states the nation ought to be indifferent to their laws on slavery. If slavery were a mere inci dent in the polity of the state, a matter of taste or con venience, the proposition would have been true enough. But euphemistic talk about " domestic institutions " blinded none but theorists or lovers of slavery to the truth that slavery was a fearful and barbarous power, and that it must become paramount in any new southern state, monstrous and corrupting in its tendencies towards savagery, unyielding, wasteful, and ruinous, — a power whose corruption and savagery, whose waste and ruin, infected, debauched, and enfeebled all communities closely allied to the states which maintained it, — a power in whose rapid growth, in whose affirmative and dictatorial arrogance, and in the intellectual abdity and even the moral excellences of the aristocracy which administered it at the South, there was an appalling menace. As well might one propose the admission to political intimacy and national unity of a state whose laws encouraged leprosy or required the funeral obla tions of the suttee. If there were already slave states in the confederacy, it was no less true that the nation had profoundly suffered from their slavery. Nor could all the phrases of constitutional lawyers make the slave- block, the black laws, and all the practices of this bar barism mere local peculiarities, distasteful perhaps to the North but not concerning it, peculiarities to be ranked with laws of descent or judicial procedure. 362 MARTIN VAN BUREN. Cass and Dickinson for their surrender to the South were now called "doughfaces" and " slavocrats " by the Democratic Freesoilers. They were the true " northern men with southern principles." The Barnburners met at Utica on February 16, an earher day than that first appointed, John Van Buren again being the chief figure. The convention praised John A. Dix for supporting the Wilmot proviso ; and declared that Benton, a senator from a slave state, but now a sturdy opponent of extending the evil, and long the warm friend and admirer of Van Buren, had " won a proud preeminence among the statesmen of the day." Delegates were chosen to the national convention to oppose the Hunkers. In Aprd, 1848, the Barnburner members of the legislature issued an address, the authors of which were long afterwards disclosed by Samuel J. Tilden to be himself and Martin and John Van Buren. At great length it demonstrated the Free-soil principles of the Democratic fathers. The national convention assembled in May, 1848. It offered to admit the Barnburner and Hunker delegations together to cast the vote of the state. The Barnburners rejected the compromise as a simple nullification of the vote of the state, and then withdrew. Lewis Cass was nominated for president, the Wilmot proviso being thus emphatically condemned. For Cass had declared in favor of letting the new territories themselves decide upon slavery. The Barnburners, returning to a great meeting in the City Hall Park at New York, cried, " The lash has resounded tlirough the halls of the Capi tol ! " and condemned the cowardice of northern sena tors who had voted with the South. Among the letters read was one from Franklin Pierce, who had in 1844 THE FREE-SOIL PARTY. 363 voted against annexation, a letter which years afterwards was, with a reference to his famous friend and bio grapher, called the " Scarlet Letter." The delegates issued an address written by Tilden, fearlessly calling Democrats to independent action. In June a Barnburner convention met at Utica. Its president, Samuel Young, who had refused at the convention at Baltimore in 1844 to vote for Polk when the rest of his delegation sur rendered, said that if the convention did its duty, a clap of political thunder would in November "make the pro pagandists of slavery shake like Belshazzar." Butler, John Van Buren, and Preston King, afterwards a Re publican senator, were there. David Dudley Field read an explicit declaration from the ex-president against the action and the candidates of the national convention. This letter, whose prolixity is an extreme illustration of Van Buren's literary fault, created a profound impres sion. He declared his " unchangeable determination never again to be a candidate for public office." The requirement by the national convention that the New York delegates should pledge themselves to vote for any candidate who might be nominated was, he said, an indignity of the rankest character. The Virginia dele gates had been permitted, without incurring a threat of exclusion, to declare that they would not support a cer tain nominee. The convention had not allowed the Democrats of New York fair representation, and its acts did not therefore bind them. The point of political regularity, when discussed upon a technical basis, was, however, by no means clear. The real question was whether the surrender of the power of Congress over the territories and the refusal to use that power to exclude slavery, accorded with Democratic 364 MARTIN VAN BUREN. principles. On this Van Buren was most explicit. Jefferson had proposed freedom for the northwest terri tories ; and all the representatives from the slaveholding states had voted for the ordinance. Not only Washing ton and the elder and younger Adams had signed bills imposing freedom as the condition of admitting new territories or states, but those undoubted Democrats, Jefferson, Madison, Monroe, and Jackson, had signed such bills ; and so had he himself in 1838 in the case of Iowa. This power of Congress was part of " the com promises of the Constitution," compromises which, "deep ly penetrated " as he had been " by the convictions that slavery was the only subject that could endanger our blessed Union," he had, he was aware, gone further to sustain against northern attacks than many of his best friends approved. He would go no further. As the national convention had rejected this old doctrine of the Democracy, he should not vote for its candidate, General Cass ; and if there were no other candidate but General Taylor, he should not vote for president. If our ances tors, when the opinion and conduct of the world about slavery were very different, had rescued from slavery the territory now making five great states, should we, he asked, in these later days, after the gigantic efforts of Great Britain for freedom, and when nearly all man kind were convinced of its evils, doom to slavery a ter ritory from which as many more new states might be made. He counseled moderation and forbearance, but still a firm resistance to injustice. This powerful declaration from the old chief of the Democracy was decisive with the convention. Van Buren was nominated for president, and Henry Dodge, a Democratic senator of Wisconsin, for vice-president. THE FREE-SOIL PARTY. 3G5 Dodge, however, declined, proud though he would be, as he said, to have his name under other circumstances associated with Van Buren's. But his state had been represented in the Baltimore convention ; and as one of its citizens he cordially concurred in the nomination of Cass. A national convention was called to meet at Buffalo on August 9, 1848. Charles Francis Adams, the son of John Quincy Adams, presided at the Buffalo convention ; and in it Joshua R. Giddings, the famous abolitionist, and Salmon P. Chase were conspicuous. To the unspeakable horror of every Hunker there participated in the deliberations a negro, the Rev. Mr. Ward. Butler reported the resolu tions in words whose inspiration is still fresh and ringing. They were assembled, it was said, " to secure free soil for a free people ;" the Democratic and Whig organiza tions had been dissolved, the one by stifling the voice of a great constituency, the other by abandoning its prin ciples for mere availability. Remembering the example of their fathers in the first declaration of independence, they now, putting their trust in God, planted themselves on the national platform of freedom in opposition to the sectional platform of slavery ; they proposed no inter ference with slavery in any state, but its prohibition in the territories then free ; for Congress, they said, had " no more power to make a slave than to make a king." There must be no more compromises with slavery. They accepted the issue forced upon them by the slave power ; and to its demand for more slave states and more slave territories, their calm and final answer was, " no more slave states and no more slave territory." At the close were the stirring and memorable words : " We inscribe on our banner, Free Soil, Free Speech, Free 366 MARTIN VAN BUREN. Labor, and Free Men ; and under it we wiU fight on and fight ever, until a triumphant victory shall reward our exertions." Joshua Leavitt of Massachusetts, one of tlie " black est " of abolitionists, reported to the convention the name of Martin Van Buren for president. After the convention was over, even Gerrit Smith, the ultra-abolitionist candi date, declared that, of aU the candidates whom there was the least reason to believe the convention would nominate. Van Buren was his preference. The nomina tion was enthusiastically made by acclamation, after Van Buren had on an informal baUot received 159 votes to 129 cast for John P. Hale. A brief letter from Van Buren was read, declaring that his nomina tion at Utica had been against Ids earnest wishes ; that he had yielded because his obligation to the friends, wdio had now gone so far, required him to abide by their decision that his name was necessary to enable " the ever faithful Democracy of New York to sustain them selves in the extraordinary position into which they have been driven by the injustice of others ; " but that the abandonment at Buffalo of his Utica nomination would be most satisfactory to his feelings and wishes. The exclusion of slavery from the territories was an object, he said, " sacred in the sight of heaven, the accomplish ment of which is due to the memories of tlie great and just men long since, we trust, made perfect in its courts." Charles Francis Adams was nominated for vice-presi dent ; and dazzled and incredulous eyes beheld on a presidential ticket with Martin Van Buren the son of one of his oldest and bitterest adversaries. That adver sary had died a few months before, the best of his honors being his latest, those won in a querulous but valiant old age, hi a fiery fight for freedom. THE FREE-SOIL PARTY. 367 In September, John A. Dix, then a Democratic sena tor, accepted the Free-soil nomination for governor of New York. The Democratic party was aghast. The schismatics had suddenly gained great dignity and importance. Martin Van Buren, the venerable leader of the party, its most famous and distinguished member, this courtly, cautious statesman, — could it be he rushing from that " honorable retirement," to whose safe retreat his party had committed him with so deep an affection, to consort with long-haired and wild-eyed abolitionists ! He was the arch " apostate," leading fiends of disunion who would rather rule in hell than serve in heaven. Where now was his boasted loyalty to the party ? Rage struggled with loathing. All the ancient stories told of him by Whig enemies were revived, and believed by those who had long treated them with contempt. It is clear, however, that Van Buren's attitude was in no wise inconsistent with his record. His party had never pronounced for the extension of slavery ; nor had he. The Buffalo convention was sdent upon abolition in the District of Columbia. There was for the time in politics but one question, and that was born of the annexation of Texas, — Shall slavery go into free territory ? As amid the clash of arms the laws are stiUed, so in the great fight for human freedom, the independent treas ury, the tariff, and internal improvements could no longer divide Americans. The Whigs had in June nominated Taylor, one of the two heroes of the Mexican war. It is a curious fact that Taylor had been authoritatively sounded by the Free-soil leaders as to an acceptance of their nomina tion. Clay and Webster were now discarded by their party for this bluff soldier, a Louisiana slaveholder of 368 MARTIN VAN BUREN. unknown politics ; and with entire propriety and perfect caution the Whigs made no platform. A declaration against the extension of slavery was voted down. Web ster said at Marshfield, after indignation at Taylor's nomination had a little worn away, that for " the leader of the Free-spoil party " to " become the leader of the Free-soil party would be a joke to shake his sides and mine." The anti-slavery Whigs hesitated for a time ; but Seward of New York and Horace Greeley in the New York Tribune finally led most of them to Taylor rather than, as Seward said, engage in " guerrilla war fare " under Van Buren. Whigs must not, he added, leave the ranks because of the Whig affront to Clay and Webster. " Is it not," he finely, though for the occasion sophistically, said, " by popular injustice that greatness is burnished ? " This launching of the modern Repub lican party was, strangely enough, to include in New York few besides Democrats. In November, 1847, the Liberty or Abolition party nominated John P. Hale for president ; but upon Van Buren's nomination he was withdrawn. Upon the popular vote in November, 1848, Van Buren received 291,263 votes, while there were 1,220,544 for Cass and 1,360,099 for Taylor. Van Buren had no electoral votes. In no state did he receive as many votes as Taylor ; but in New York, Massachusetts, and Vermont he had more than Cass. The vote of New York was an extraordinary tribute to his personal power : he had 120,510 votes to 114,318 for Cass ; and it was clear that nearly all the former came from the Democratic party. In Ohio he had 35,354 votes, most of which were probably drawn from the Whig abolition ists. In Massachusetts he had 38,058 votes, in no small POLITICAL CAREER ENDED. 369 part owing to the early splendor, the moral austerity and the elevation of Charles Sumner's eloquence. " It is not," he said, " for the Van Buren of 1838 that we are to vote ; but for the Van Buren of to-day, — the vet eran statesman, sagacious, determined, experienced, who, at an age when most men are rejoicing to put off their armor, girds himself anew and enters the lists as cham pion of Freedom." Taylor had 163 electoral votes and Cass 127. The political career of Van Buren was now ended. It is mere speculation whether he had thought his elec tion a possible thing. That he should think so was very unlikely. Few men had a cooler judgment of political probabilities ; few knew better how powerful was party /discipline in the Democratic ranks, for no one had done more to create it ; few could have appreciated more truly the Whig hatred of himself. Still the wakening rush of moral sentiment was so strong, the bitterness of Van Buren's Ohio and New York supporters had been so great at his defeat in 1844, that it seemed not utterly absurd that those two states might vote for him. If they did, that dream of every third party in America might come true, — the failure of either of the two great parties to obtain a majority in the electoral college, and the consequent choice of president in the house, where each of them might prefer the third party to its greater rival. Ambition to reenter the White House could indeed have had but the slightest influence with him when he accepted the Free-soil nomination, Nor was his acceptance an act of revenge, as has very commonly been said. The motives of a public man in such a case are subtle and recondite even to himself. No distin guished political leader with strong and publicly declared 370 MARTIN VAN BUREN. opinions, however exalted his temper, can help uniting in his mind the cause for which he has fought with his own political fortunes. If he be attacked, he is certain to honestly believe the attack made upon the cause as well as upon himself. When his party drives him from a leadership already occupied by him, he may sub mit without a murmur ; but he will surely harbor the belief that his party is playing false with its principles. In 1848 there was a great and new cause for which Van Buren stood, and upon which his party took the wrong side ; but doubtless his zeal burned somewhat hotter, the edge of his temper was somewhat keener, for what he thought the indignities to himself and his immediate political friends. To say this is simply to pronounce him human. His acceptance of the nomination was / given largely out of loyalty to those friends whose advice was strong and urgent. It was the mistake which any old leader of a political party, who has enjoyed its honors, makes in the seeming effort — and every such political candidacy at least seems to be such an effort ¦ — to gratify his personal ambition at its ex pense. Van Buren and his friends should have made another take the nomination, to which his support, how ever vigorous, should have gone sorrowfully and reluc tantly ; and the form as well as the substance of his rela tions to the canvass should have been without personal interest. Had Van Buren died just after the election of 1848 his reputation to-day would be far higher. He had stood firmly, he had suffered politically, for a clear, practical, and philosophical method and limitation of government ; he had adhered with strict loyalty to the party committed to this method, until there had arisen POLITICAL CAREER ENDED 371 the cause of human freedom, which far transcended any question still open upon the method or limits of govern ment. With this cause newly risen, a cause surely not to leave the political field except in victory, he was now closely united. He might therefore have safely trusted to the judgment of later days and of wiser and truer sighted men, growing in number and influence every year. His offense could never be pardoned by his former associates at the South and their allies at the North. No confes sion of error, though it were full of humiliation, no new and affectionate return to party allegiance, could make them forget what they sincerely deemed astounding treason and disastrous sacrUege. Loyal remembrance of his incomparable party services had irretrievably gone, to be brought back by no reasoning and by no persuasion. If he were to live, he should not have wavered from his last position. Its righteousness was to be plainer and plainer with the passing years. Van Buren did live, however, long after his honorable battle and defeat ; and lived to dim its honor by the faltering of mistaken patriotism. In 1849 John Van Buren, during the efforts to unite the Democratic party in New York, declared it his wish to make it " the great anti-slavery party of the Union." Early in 1850 and when the compromise was threatened at Washington, he wrote to the Free-soil convention of Connecticut that there had never been a time when the opponents of slavery extension were more urgently called to act with energy and decision or to hold their representatives to a rigid responsibility, if they faltered or' betrayed their trust. With little doubt his father approved these utter ances. A year later, however, the ex-president, with nearly all northern men, yielded to the soporific which 372 MARTIN VAN BUREN. Clay in his old age administered to the American people. In their support of the great compromise between slavery and freedom, Webster and Clay forfeited much of their fame, and justly. For though the cause of humanity gained a vast political advantage in the admission of California as a free state, the advantage, it was plain, could not have been long delayed had there been no compromise. But the rest of the new territory was thrown into a struggle among its settlers, although the power of Congress over the territories was not yet denied ; and a fugitive-slave law of singular atrocity was passed. All the famous northern Whigs were now true " doughfaces." Fillmore, president through Taylor's death, one of the most dignified and timid of their num ber, signed the compromise bills. The compromise being passed, Van Buren with al most the entire North submissively sought to believe slavery at last expelled from politics. It would have been a wise heroism, it would have given Van Buren a clearer, a far higher place with posterity, if after 1848 he had even done no more than remain completely aloof from the timid politics of the time, if he had at least refused acquiescence in any compromise by which con cessions were made to slavery. But he was an old man. He shared with his ancient and famous Whig rivals that intense love and almost adoration of the Union, upon which the arrogant leaders of the South so long and so successfully played. The compromise was however ac complished. It would perhaps be the last concession to the furious advance of the cruel barbarism. The free settlers in the new territories would, he hoped, by their number and hardihood, defeat the incoming slave owners, and even under " squatter sovereignty " save POLITICAL CAREER ENDED. 373 their homes from slavery. If the Union should now stand without further disturbance, all might still come right without civil war. Economic laws, the inexorable and beneficent progress of civilization, would perhaps begin, slowly indeed but surely, to press to its death this remnant of ancient savagery. But if the Union were to be broken by a violation of the compromise, a vast and irremediable catastrophe and ruin would undo all the patriotic labors of sixty years, would dismiss to lasting unreality the dreams of three generations of great men who had loved their country. It seemed too appalling a responsibility. Upon all this reasoning there is much unfair modern judgment. The small number of resolute abolitionists, who cared little for the Union in comparison with the one cause of human rights, and whose moral fervor found in the compromises of the Constitution, so dear and sacred to all American statesmen, only a covenant with hell, may for the moment be ignored. Among them there was not a public man occupying politically re sponsible or widely influential place. The vast body of northern sentiment was in two great classes. The one was led by men like Seward, and even Benton, who con sidered the South a great bully. They believed that to a firm front against the extension of slavery the South would, after many fire-eating words, surrender in peace. The other class included most of the influential men of the day, some of them greater men, some lesser and some little men. Webster, Clay, Cass, Buchanan, Marcy, Douglass, Fillmore, Dickinson, were now joined by Van Buren and by many Free-soil men of 1848 daunted at the seeming slowness with which the divine mills were grinding. They believed that the South, to assert the 374 MARTIN VAN BUREN. fancied " rights " of their monstrous wrong, would accept disunion and even more, that in this cause it would fiercely accept aU the terrors of a civil war and its limit less devastation. The event proved the first men utterly in the wrong ; and it was fortunate that their mistake was not visible until in 1861 the battle was irreversibly joined. The second and more numerous class were right. There had to be yielding, unless such evils were to be let loose, unless Webster's "ideas, so full of all that is horrid and horrible," were to come true. The anxiety not to offend the South was perhaps most strik ingly shown after the election of Lincoln. A distin guished living statesman of the modern Republican party has recently pointed out x that in February, 1861, the Republican members of Congress, and among them Charles Sumner and Thaddeus Stevens, acquiesced in the organization of the new territories of Colorado, Da kota, and Nevada, without any prohibition of slavery, thus ignoring the very principle and the only principle upon which their great battle had been fought and their great victory won. Complete truth dwelt only with the smaU and hated abolitionist minority. Without honored and influential leaders in political life they alone saw that war with all these horrors was better, or even a successful secession was better, than further surrender of human rights, a surrender whose corruption and barbarism would cloud all the glories, and destroy all the beneficence of the Union. No historical judgment has been more unjust and partial than the implied condemnation of Van Buren for his acquiescence in Clay's compromise, while only gentle words have chided the great statesmen whose 1 James G. Blaine's Twenty Years, vol. i. pp. 269, 272 IN RETIREMENT. 375 eloquence was more splendid and inspiring but whose devotion to the Union was never more supreme than Van Buren's, — statesmen who had made no sacrifice like his in 1844, who in their whitening years had taken no bold step like his in 1848, and who had in 1850 actively promoted the surrender to which Van Buren did no more than submit after it was accomplished. In 1852 the overwhelming agreement to the compro mise brought on a colorless presidential campaign, fought in a sort of fool's paradise. Its character was well represented by Franklin Pierce, the second Demo cratic mediocrity raised to the first place in the party and the land, and by the absurd political figure of Gen eral Scott, fitly enough the last candidate of the decayed Whig party. Both parties heartily approved the com promise, but it mattered little which of the two candi dates were chosen. The votes cast for John P. Hale, the Free-soil candidate, were as much more significant and honorable as they were fewer than those cast for Pierce or Scott. Van Buren, in a note to a meeting in New York, declared that time and circumstances had issued edicts against his attendance, but that he earnestly wished for Pierce's election. He attempted no argument in this, perhaps the shortest political let ter he ever wrote. But John Van Buren, in a speech at Albany, gave some reasons which prevent much condemnation of his father's perfunctory acquiescence in the action of his party. The movement of 1848, he said, had been intended to prevent the extension of slavery. Since then, California had come in, a free state, and not, as the South had desired, a slave state ; and " the abolition of the slave market in the District of Columbia was another great point gained." 376 MARTIN VAN BUREN. The poverty of reasons was shown in the eager insist ence that every member of Congress from New Hamp shire had voted against slavery extension, and that the Democratic party now took its candidate from that state " without any pledges whatever." After this election Van Buren spent two years in Europe. President Pierce tendered him the position of the American arbitrator upon the British-American claims commission established under the treaty of Feb ruary 8, 1853, but he declined. During his absence the South secured the Kansas-Nebraska bill, the repeal of the Missouri Compromise, and the practical opening to slavery of the new territories north of the line of 36° 30'. If the settlers of Kansas, which lay wholly on the free side of that compromise line, desired slavery, they were to have it. But even this was not sufficient. The hardy settlers of this frontier, separated though they were by the slave state of Missouri from free soil and free influences, would, it now seemed, pretty cer tainly favor freedom. The ermine of the supreme court had, therefore, to be used to sanctify with the Dred Scott decision the last demand of slavery, inconsistent though it was with the claims of the South from the time when it secured the Missouri Compromise until Calhoun grimly advanced his monstrous propositions. Slavery was to be decreed a constitutional right in all territories, whose exercise in them Congress was without power to prohibit, and which could not be prevented even by the majority of their settlers until they were admitted as states. Van Buren came back to America when there was still secret within the judicial breast the momentous decision that the American flag carried human slavery with it IN RETIREMENT. 377 to conquered territory as a necessary incident of its stars and stripes, and that Congress could not, if it would, save the land to freedom. Van Buren voted for Buchanan ; a vote essentially inconsistent with his free- soil position, a vote deeply to be regretted. He still thought that free settlers would defeat the intention of the Kansas-Nebraska act, and bring in, as they after wards did, a free though bleeding Kansas. There was something crude and menacing in this new Republican party, and in its enormous and growing enthusiasm. It was hard to believe that its candidate had been seri ously selected for chief magistrate of the United States. Fremont probably seemed to Van Buren a picturesque sentimentalist leading the way to civil war, which, if it were to come, ought, so it seemed to this former sena tor and minister and president, to be led in by serious and disciplined statesmen. The new party was repul sive to him as a body chiefly of Whigs ; old and bitter adversaries whom he distrusted, with hosts of camp- followers smelling the coming spoils. All this a young man might endure, when he saw the clear fact that the Republican convention, ignoring for the time all former differences, had pronounced not a word inconsistent with the Democratic platform of 1840, and had made only the one declaration essential to American freedom and right, that slavery should not go into the territories. Van Buren was not, however, a young man, or one of the few old men in whom a fiery sense of morality, an eager and buoyant resolution, go unchilled by thinner and slower blood, and indomitably overcome the con servative influences of age. A bold outcry from him, even now, would have placed him for posterity in one of the few niches set apart to the very greatest Ameri- 378 MARTIN VAN BUREN. cans. But since 1848 Van Buren had come to seventy- four years. Invited to the Tammany Hall celebration of Inde pendence Day, he wrote, on June 28, 1856, a letter in behalf of Buchanan. There was no diminution in ex plicit clearness ; but hope was nearly gone ; the peril of the Union obscured every other danger ; the South was so threatening that patriotism seemed to him to require at the least a surrender to all that had passed ; and for the future our best reliance would be upon a fair vote in Kansas between freedom and slavery. He could not come to its meeting, he told Tammany HaU, because of his age. He had left one invitation unanswered; and if he were so to leave another, he might be suspected of a desire to conceal his Sentiments. But this letter should be his last, as it was his first, appearance in the canvass. He was glad of the Democratic reunion ; for although not always perfectly right, in no other party had there been " such exclusive regard and devotion to the maintenance of human rights and the happiness and welfare of the masses of the people." There was a touch of age in his fond recitals of the long services of that party since, in Jefferson's days, it had its origin with " the root-and-branch friends of the republican system ; " of its support of the war of 1812 ; of its destruction of the national bank ; of its establishment of an independent treasury. But slavery, he admitted, was now the living issue. Upon that he had no regrets for his course. He had always preferred the method of dealing with that institution practiced by the found ers of the government. He lamented the recent depar ture from that method ; no one was more sincerely opposed than himself to the repeal of the Missouri Com- IN RETIREMENT. 379 promise. He had heard of it, and had condemned it in a foreign land ; he had there foreseen the disastrous reopening of the slavery agitation. But the measure was now accomplished ; there was no more left than to decide what was the best now to do. The Kansas-Nebraska act had, he said, gradually become less obnoxious to him ; though this impression, he admitted, might result from the unanimous acquiescence in it of the party in which he had been reared. Its operation, he trusted, would be beneficial ; and he had now come to believe that the feelings and opinions of the free states would be more respected under its provisions than by specific congressional interference. He did not doubt the power of Congress to enable the people of a territory to ex clude slavery. Buchanan's pledge to use the presiden tial power to restore harmony among the sister states could be redeemed in but one way ; and that was, to secure to the actual settlers of the territory a " full, free, and practical enjoyment " of the rights of suffrage on the slavery question conferred by the act. He praised Buchanan, if not exuberantly, still sufficiently. He must, Van Buren thought, be solicitous for his rep utation in the near " evening of his life." He believed that Buchanan would redeem his pledge, and should therefore cheerfully support him. If Buchanan were elected, there were " good grounds for hope " that the Union might be saved. Such was this saddening and despondent letter. It was a defense of a vote which it was rather sorry work that he should have needed to make. But the tramp of armies and the conflagra tion of American institutions were heard and seen in the sky with terrifying vividness. The letter secured, however, no forgiveness from the angry South. The 380 MARTIN VAN BUREN. " Richmond Whig " said : " If there is a man within the limits of the republic who is cordially abhorred and detested by inteUigent and patriotic men of aU parties at the South, that man is Martin Van Buren." Many of the best Americans shared Van Buren's dis trust of Fremont and of those who supported Fremont ; they shared his love of peace and his fear of that blood shed, north and south, which seemed the dismal El Dorado to which the "path -finder's " feet were surely tending. So the majority of the northern voters thought ; for those north of Mason and Dixon's line who divided themselves between Buchanan and Fill more, the candidate of the " Silver Gray " Whigs, con siderably outnumbered the voters for Fremont. In 1860 Van Buren voted for the union electoral ticket which represented in New York the combined opposition to Lincoln. Every motive which had influ enced him in 1856 had now increased even more than his years. The Republican party was not only now come bringing, it seemed, the torch in fuU flame to light an awful conflagration ; but in its second national convention there became obvious upon the tariff ques tion the preponderance of the Whig elements, which made up the larger though not the more earnest or efficient body of its supporters. After Van Buren's return from Europe in 1855, he lived in dignified and gracious repose. This complete and final escape from the rush about him had often seemed in his busy strenuous years full of delight. But doubtless now in the peaceful pleasures of Lindenwald and in the occasional glimpses of the more crowded social life of New York which was glad to honor him, there were the regrets and slowly dying impatience, the IN RETIREMENT. 381 sense of isolation, which must at the best touch with some sadness the later and well-earned and even the best-crowned years. At this time he began writing memoirs of his life and times, which were brought down to the years 1833—1834 ; but they were never revised by him and have not been published. Out of this work grew a sketch of the early growth of American parties, f which was edited by his sons and printed in 1867. Its pages do not exhibit the firm and logical order which was so characteristic of Van Buren's earlier political compositions. It was rather the reminiscence of the political philosophy which had completely governed him. With some repetitions, but in an easy and interesting way, he recalled the far-reaching political differences between Jefferson and Hamilton. In these chapters of his old age are plain the profound and varied influences which had been exercised over him by the great founder of his party, and his unquenchable animosity towards " the money power " from the days of the first secretary of the treasury to its victory of " buffoonery " in 1840. In one chapter, with words rather courtly but still not to be mistaken, he condemns Buchanan for a violation of the principles of Jefferson -and Jackson in accepting the Dred Scott decision as a rule of political action ; and this the more because its main conclusion was unnecessary to adjudge Dred Scott's rights in that suit, and because its announcement was part of a political scheme. Chief Justice Taney and Buchanan, Van Buren pointed out, though raised to power by the Democratic party, had joined it late in life, " with opinions formed and matured in an antag onist school." Both had come from the Federalist ranks, whose political heresy Van Buren believed to be hopelessly incurable. 382 MARTIN VAN BUREN. At the opening of the civil war Van Buren's ani mosity to Buchanan's behavior became more and more marked. He strongly sympathized with the uprising of the North ; and sustained the early measures of Lin coln's administration. But he was not to see the dread ful but lasting and benign solution of the problem of American slavery. His life ended when the fortunes of the nation were at their darkest ; when McClellan's seven clays' battles from the Chickahominy to the James were just over, and the North was waiting in terror lest his troops might not return in time to save the capital. For several months he suffered from an asth matic attack, which finally became a malignant catarrh, causing him much anguish. In the latter days of his sickness his mind wandered ; but when sensible and col lected he still showed a keen interest in public affairs, expressed his confidence in President Lincoln and Gen eral McClellan, and declared his faith that the rebellion would end without lasting damage to the Union. On July 24, 1862, he died, nearly eighty years old, in the quiet summer air at Lindenwald, the noise of bat tles far away from his green lawns and clumps of trees. In the ancient Dutch church at Kinderhook the simple funeral was performed ; and a great rustic gathering paid the last and best honor of honest and respectful grief to their old friend and neighbor. For his fame had brought its chief honor to this village of his birth, the village to which in happy ending of his earthly career he returned, and where through years of well-ordered thrift, of a gentle and friendly hospitality, and of in teresting and not embittered reminiscence, he had been permitted " To husband out life's taper at the close, And keep the flame from wasting by repose." CHAPTER XII. van buren's character and place in history. In the engraved portrait of Van Buren in old age, prefixed to his History of Parties, are plainly to be seen some of his traits, — the alert outlooking upon men, the J bright, easy good-humor, the firm, self-reliant judgment. Inman's painting now in the City Hall of New York,1 gives the face in the prime of life, — the same shrewd, kindly expression, but more positively touched with that half cynical doubt of men which almost inevitably belongs to those in great places. The deep wrinkles of the old and retired ex-president were hardly yet incipient in the smooth, prosperous, almost complacent countenance of the governor. In the earlier picture the locks flared outwards from the face, as they did later ; as yet, how ever, they were dark and a bit curling. His form was always slender and erect, but hardly reached the middle height, so that to his political enemies it was endless delight to call him " Little Van." In the older picture one sees a scrupulous daintiness about the ruffled shirt and immaculate neckerchief ; for Van Buren was fond of the elegance of life. The Whigs used to declare him an aristocrat, given to un-American, to positively British splendor. Very certainly he never affected contempt for the gracious and stately refinement 1 An engraving of this portrait accompanies Holland's biogra phy, written for the campaign of 1836. 384 MARTIN VAN BUREN. suited to his long held place of public honor, that con tempt which a silly underrating of American good sense has occasionally commended to our statesmen. At Lin denwald, among books and guests and rural cares, he led what in the best and truest sense was the life of a country gentleman, not set like an urban exotic among the farmers, but fond of his neighbors as they were fond of him, and unaffectedly sharing without loss of distinc tion or elegance their thrifty and homely cares. When he retired to this home he was able, without undignified or humiliating shifts, to live in ease and even affluence. For in 1841 his fortune of perhaps $200,000 was a generous one. His last days were not, like those of Jefferson and Monroe and Jackson, embittered by money anxieties, the penalty of the careless profusion the temptation to which, felt even by men wise in the affairs of others, is often greater than the certain danger and unwisdom of its indulgence. But no suggestion was* breathed against his pecuniary integrity, public or pri vate. Nor was there heard of him any story of wrong or oppression or ungenerous dealing. Van Buren's extraordinary command of himself was apparent in his manners. They are finely described from intimate acquaintance by William Allen Butler, the son of Van Buren's long-time friend, in his charming and appreciative sketch printed just after Van Buren's death. They had, Mr. Butler said, a neatness and polish which served every turn of domestic, social, and public intercourse. " As you saw him once, you saw him al ways — always punctilious, always polite, always cheer ful, always self-possessed. It seemed to anyone who studied this phase of his character as if, in some early moment of destiny, his whole nature had been bathed in CHARACTER. 385 a cool, clear, and unruffled depth, from winch it drew this life-long serenity and self-control." An accomplished English traveler, " the 'author of Cyrd Thornton," who saw him while secretary of state, and before he had been abroad, said that he had more of " the manner of the world" than any other of the distinguished men at Washington ; that in conversation he was " fuU of anec dote and vivacity." Chevalier, one of our French critics, in his letters from America described him as setting up " for the American Talleyrand." John Quincy Adams, as has been said, sourly mistook all this, and even the especial courtesy Van Buren paid him after his political downfall, as mere proof of insincerity ; and he more than once compared Van Buren to Aaron Burr, a comparison of which many Democrats were fond after 1848. In his better natured moments, however, Adams saw in his ad versary a resemblance to the conciliatory and philosophic Madison. For his " extreme caution in avoiding and averting personal collisions," he called him another Sosie of Moliere's Amphitryon, " ami de tout le monde." Van Buren's skiU in dealing with men was indeed ^extraordinary. It doubtless came from this temper of amity, and from an inborn genius for society ; but it had been wonderfuUy sharpened in the unrivaled school of New York's early politics. When he was minister at London, he wrote that he was making it his business to be cordial with prominent men on both sides ; a branch of duty, he said, in which he was not at home, because he had all his life been " wholly on one side." But he was jocosely unjust to himself. He was, for the politics of his day, abundantly fair to his adversaries. Some times indeed he saw too much of what might be said on the other side. Had he seen less, he would sometimes 386 MARTIN VAN BUREN. have been briefer, less indulgent in formal caution. Nor did he fail to avoid the unnecessary misery caused to many public men, the obstacles needlessly raised in their way, by personal disputes, or by letting into negotiations matters of controversy irrelevant to the thing to be done. Patience in listening, a steady and singularly acute ob servance of the real end he sought, and a quick, keen reading of men, saved him this wearing unhappiness so widespread in public life. Once he thus criticised his friend Cambreleng : " There is more in small matters than he is always aware of, although he is a really sen sible and useful man." In this maxim of lesser things Van Buren was carefully practiced. During the Jackson- Adams campaign, the younger Hamilton was about send ing to some important person an account of the general. Van Buren knowing of this wrote to Hamilton, and, after signing his letter, added : " P. S. — Does the old gentleman have prayers in his own house ? If so, men tion it modestly." His self-command was not stilted or unduly precise or correct. He was very human. A candidate for gover nor of New York would to-day hardly write to another public man, however friendly to him, as Van Buren in August and September, 1828, wrote to Hamilton. " Bet on Kentucky, Indiana, and Illinois," he said, "jointly if you can, or any two of them ; don't forget to bet all you can." But this was the fashion of the day.1 His 1 The mania for election betting among public men was very curious. In the letters and memoranda printed by Mackenzie, the bets of John Van Buren and Jesse Hoyt are given in detail. They ranged from $5,000 to $50 ; from "3 cases of champagne" or " 2 bales of cbtton, " to "boots, $7," or " a bam, S3." They were made with the younger Alexander Hamilton, James Watson Webb, Moses H. Grinnell, John A. King, George F. Talman, Dudley Selden, and other notable men of the time. CHARACTER. 387 life was entirely free from the charges of dissipation or of irregular habits, then so commonly, and often truly, made against great men. This very correctness was part of the offense he gave his rivals and their followers. It would hardly be accurate to describe him, even in younger years, as jovial with his friends ; but he was perfectly companionable. Of a social and cheerful tem per, he not only liked the decorous gaiety of receptions and public entertainment, but was delighted and delight ful in closer and easier conversation and in the chat of familiar friends. His reminiscences of men are said to have been full of the charm which flows from a strong natural sense of humor, and a correct and vivid memory of human action and character. There are many apocryphal stories of Van Buren's craft or cunning or selfishness in politics. It is a curi ous appreciation with which reputable historians have received such stories from irresponsible or anonymous sources ; for they deserve as little credence as those told of Lincoln's frivolity or indecency. To them all may not only be pleaded the absence of any proof deserving respect, but they are refuted by positive proof, such as from earliest times has been deemed the best which pri vate character can in its own behalf offer to history. In politics Van Buren enjoyed as much strong and con stant friendship as he encountered strong and constant hatred. Nothing points more surely to the essential soundness of life and the generosity of a public man than the near and long-continued friendship of other able, upright, and honorably ambitious men. It was an extraordinary measure in which Van Buren enjoyed friendship of this quality. With all the light upon his character, Jackson was too shrewd to suffer long from im- 388 MARTIN VAN BUREN. position. His intimacy with Van Buren for twenty years and more was reaUy affectionate ; his admiration for the younger statesman was profound. The explanation is both unnecessary and unworthy, which ascribes to hatred of Clay all Jackson's ardor in the canvass of 1840 or his almost pathetic anxiety for Van Buren's nomination in 1844. Their peculiar and continuous association for six years at Washington had so power fully established Van Buren in his love and respect, that neither distant separation nor disease nor the nearer intrigues and devices of rivals could abate them. Those who were especially known as Van Buren men, those who not only stood with him in the party but who went /with him out of it, were men of great talents and of the highest character. Butler's career closely accompanied Van Buren's. Both were born at Kinderhook ; they were together in Hudson, in Albany, in Washington ; they were together as BucktaUs, as Jacksonian Demo crats, as Free-soU men ; they were close to one another from Butler's boyhood until, more than a half-century later, they were parted by death. To this strong-headed and sound-hearted statesman, we are told by WiUiam Allen Butler, in a fine and weUnigh sufficient eulogy, that Van Buren was the object of an affection true and steadfast, faithful through good report and evil report, loyal to its own high sense of duty and affection, tender and generous. Benton, liberal and sane a slaveholder though he was, did not approve the Wilmot proviso, or join the Free-soil revolt. But in retirement and old age, reviewing his " Thirty years," during twenty of which he and Van Buren had, spite of many differences, remained on closely intimate terms, he showed a deep liking for the man. SUas Wright, Azariah C. Flagg, CHARACTER. 389 and John A. Dix, all strong and famous characters in the public life of New York, were among the others of those steadily faithful in loyal and unwavering re gard for this political and personal chief. Nor were they deceived. Jackson and Butler, Wright and Flagg and Dix, sturdy, upright, skiUful, experienced men of affairs, were not held in true and lifelong friendship and admiration by the insinuating manners, the clever management, the selfish and timid aims, which make the Machiavellian caricature of Van Buren so often drawn. No American in public life has shown firmer and longer devotion to his friends. His reputation for statesmanship must doubtless rest upon the indisputable facts of his career. But for his integrity of life, for his sincerity, for his fidelity to those obligations of political, party, and personal friendship, within which lies so much of the usefulness as well as of the singular charm of public life, his relations with these men make a proof not to be questioned, and surely not to be weakened by the malicious or unfathered stories of political warfare. For the absurdly sinister touch which his political enemies gave to his character, it is difficult now to find any just reason. It may be that the cool and impertur bable appearance of good-nature, with which he received the savage and malevolent attacks so continuaUy made upon him, to many seemed so impossible to be real as to be sheer hypocrisy ; 1 and from the fancy of such hy- 1 One of the latest and most important historians of the time, after saying that ' ' nothing ruffled ' ' Van Buren, is contented with a different explanation from mine. Professor Sumner says that "he was thick-skinned, elastic, and tough; he did not win confidence from anybody." But within another sentence or two the historian adds, as if effect did not always need adequate cause, that " as president he showed the honorable desire to have 390 MARTIN VAN BUREN. pocrisy it was easy for the imagination to infer all the arts and characteristics of deceit. Doubtless the elabo rate caution of Van Buren's political papers irritated impatient and angry opponents. They found them full of elaborate and subtle reservations, as they fancied, against future political contmgencies ; a charge, it ought to be remembered, which is continuaUy made against the ripest, bravest, and greatest character in English politics of to-day or of the century. Van Buren's reasoning was perfectly clear, and his style highly finished. But he had not the sort of genius which in a few phrases states and lights up a political problem. The complex ity of human affairs, the danger of short and sweeping assertions, pressed upon him as he wrote ; and the ampli tude of his arguments, sometimes tending to prolixity, seemed timid and lawyer-like to those who disliked his conclusions. Van Buren was not, however, an unpopular man, except as toward the last his politics were unpopular as politics out of sympathy with those of either of the great parties, and except also at the South, where he was soon suspected and afterwards hated as an anti-slavery man. He was on the whole a strong candidate at the polls. In his own state and at the northeast his strength with the people grew more and more until his defeat by the slaveholders in 1844. Perhaps the most striking proof of this strength was the canvass of 1848, when in New York he was able to take fuUy half of his party with him into irregular opposition, a feat with hardly a precedent in our political history. And there was complete reci procity. Van Buren was profoundly democratic in his a statesmanlike and high-toned administration." (Sumner's Jack son, p. 384.) HIS POLITICAL CREED. 391 convictions. He thoroughly, honestly, and without dema gogy believed in the common people and in their com petence to deal wisely with political difficulties. Even when his faith was tried by what he deemed the mis takes of popular elections, he still trusted to what in a famous phrase of his he called " the sober second thought of the people." 1 However widely the student of history may differ from the politics of Van Buren's associates, the politics of Benton, Wright, Butler, and Dix, and in a later rank of his New York disciples, of Samuel J. TUden and Sanford E. Church, it is impossible not to see that their political purpose was at the least as long and steady as their friendship for Van Buren. Love for the Union, i a belief in a simple, economical, and even unheroic gov ernment, a jealousy of taking money from the people, and a scrupulous restriction upon the use of public moneys for any but public purposes, a strict limitation of federal powers, a dislike of slavery and an opposition . to its extension, — these made up one of the great and/ fruitful political creeds of America, a creed which had^* ardent and hopeful apostles a half century ago, and which, save in the articles which touched slavery and are now happUy obsolete, wdl doubtless find apostles no less ardent and hopeful a half century hence. Each of its assertions has been found in other creeds ; but the entire creed with all its articles made the peculiar and "^ powerful faith only of the Van Buren men. As history gradually sets reputations aright, the leader of these 1 This expression was not original with Van Buren, as has been supposed. It was used by Fisher Ames in 1788 ; and Bartlett's Quotations also gives a still earlier use of part of it by Matthew Henry in 1710. 392 MARTIN VAN BUREN. men must justly wear the laurel of a statesman who, apart from his personal and party relations and ambi tions, has stood clearly for a powerful and largely tri umphant cause. No vague, no thoughtless rush of popular Sentiment touched or shook this faith of Van Buren. Had there been indeed a readier emphasis about him, a heartier and quicker sympathy with the temper of the day, he would perhaps have aroused a popular enthusiasm, he might perhaps have been the hero which in fact he never was. But his intellectual perceptions did not permit the subtle self-deceit, the enthusiastic surrender to current sentiment, to which the striking figures that delight the masses of men are so apt to yield. Van Buren was steadfast from the beginning to the end, save when the war threats of slavery alarmed his old age and the sober second thought of a really patient and resolute people seemed a long time coming. Two years before his death Jefferson wrote to Van Buren an elaborate sketch of his relations with Hamilton and of our first party division. Two years before his own death Van Buren was finishing a history of the same political divi sion written upon the theory and in the tone running through Jefferson's writings. It was composed by Van Buren in the very same temper in which he had respect fully read the weighty epistle from the great apostle of Democracy. Between the ending life at MonticeUo and that at Lindenwald, the political faith of the older man had been steadily followed by the younger. The rise of the " spoils " system, and the late coming, but steadily increasing perception of its corruptions and dangers, have seriously and justly dimmed Van Buren's fame. But history should be not less indulgent to him HIS CHARACTER. 393 than to other great Americans. The practical politics which he first knew had been saturated with the abuse. He did no more than adopt accustomed means of politi cal warfare. Neither he nor other men of his time per ceived the kind of evil which political proscription of men in unpolitical places must yield. They saw the undoubted rightfulness of shattering the ancient idea that in offices there was a property right. They saw but too clearly the apparent help which the powerful love of holding office brings to any political cause, and which has been used by every great minister of state the world over. Van Buren had, however, no love of patronage in itself. The use of a party as a mere agency to distribute offices would have seemed to him contemptible. In neither of the great executive places which he held, as governor, secretary of state, or presi dent, did he put into an extreme practice the proscrip- tive rules which were far more rigorously adopted about him. To his personal temper not less than to his con ceptions of public duty the inevitable meanness and wrong of the system were distasteful. Chief among the elements of Van Buren's public character ought to be ranked his moral courage and the explicitness of his political utterances, — the two qualities which, curiously enough, were most angrily denied him by his enemies. His weU-known Shocco Springs letter of 1832 on the tariff was indeed lacking in these quali ties ; but he was then not chiefly interested. There was only a secondary responsibility upon him. But it is not too much to say that no American in responsible and public station, since the days when Washington returned from his walk among the miserable huts at Valley Forge to write to the Continental Congress, or to face the petty 394 MARTIN VAN BUREN. imbecilities of the jealous colonists, has shown so com plete a political courage as that with which Van Buren faced the crisis of 1837, or in which he wrote his famous Texas letter. Nor did any American, stirred with am bition, conscious of great powers, as was this captain of politicians, and bringing aU bis political fortunes, as he must do, to the risks of universal suffrage, ever meet living issues dangerously dividing men ready to vote for him if he would but remain quiet, with clearer or more decided answers than did Van Buren in his Sherrod Williams letter of 1836 and in most of his chief pubhc utterances from that year untd 1844. The courtesies of his manner, his fadure in trenchant brevity, and even the almost complete absence of invective or extravagance from his papers or speeches, have obscured these capital virtues of his character. He saw too many dangers ; and he sometimes made it too clear that he saw them. But upon legitimate issues he was among the least timid and the most explicit of great Americans. No presi dent of ours has in office been more courageous or more direct. It is perhaps an interesting, it is at least a harmless speculation, to look for Van Buren's place of honor in the varied succession of meri who have reached the first office, though not always the first place, in American public life. Every student wiU be powerfuUy, even when unconsciously, influenced in this judgment by the measure of strength or beneficence he accords to differ ent political tendencies. With this warning the present writer wiU, however, venture upon an opinion. Van Buren very clearly does not belong among the mediocrities or accidents of the White House, — among Monroe, Harrison, Tyler, Polk, Taylor, FUlmore, and HIS PLACE IN HISTORY. 395 Pierce, not to meddle with the years since the civU war whose party disputes are still part of contemporary politics. Van Buren reached the presidency by politi cal abilities and public services of the first order, as the most distinguished active member of his party, and with a universal popular recognition for years before his promotion that he was among the three or four Ameri cans from whom a president would be naturally chosen. Buchanan's experience in pubhc life was perhaps as great as Van Buren's, and his political skill and distinc tion made his accession to the presidency by no means unworthy. But he never led, he never stood for a cause ; he never led men ; he was never chief in his party ; and in his great office he sank with timidity be fore the slaveholding aggressors, as they strove with ven geance to suppress freedom in Kansas, and before the menaces and open plunderings of disunion. Van Buren showed no such timidity in a place of equal difficulty. Jackson stands in a rank by himself. He had a stronger and more vivid personality than Van Buren. But useful as he was to the creation of a powerful senti ment for union and of a hostility to the schemes of a paternal government, it is clear that in those qualities of steady wisdom, foresight, patience, which of right be long to the chief magistracy of a republic, he was far in ferior to his less picturesque and less forceful successor. The first Adams, a man of very superior parts, com petent and singularly patriotic, was deep in too many personal collisions within and without his party, and his presidency incurred too complete and lasting, and it must be added, too just a popular condemnation, to permit it high rank, though very certainly he belonged among neither the mediocrities nor the accidents of the White House. 396 MARTIN VAN BUREN. If to the highest rank of American presidents be as signed Washington, and if after him in it come Jefferson and perhaps Lincoln (though more than a quarter of a century must go to make the enduring measure of his fame), the second rank would seem to include Madison, the younger Adams, and Van Buren. Between the first and the last of these, the second of them, as has been said, saw much resemblance. But if Madison had a mellower mind, more obedient to the exigencies of the time and of a wider scholarship, Van Buren had a firmer and more direct courage, a steadier loyalty to his politi cal creed, and far greater resolution and efficiency in the performance of executive duties. If one were to imitate Plutarch in behalf of John Quincy Adams and Van Bu ren, he would need largely to compare their rival politi cal creeds. But leaving these, it wdl not be unjust to say that in virile and indomitable continuance of moral purpose after official power had let go its trammels, and when the harassments and feebleness of age were inex orable, and though the heavens were to fall, the younger Adams was the greater ; that in executive success they were closely together in a high rank ; but that in skill and power of political leadership, in breadth of political purpose, in freedom from political vagaries, in personal generosity and political loyalty, Van Buren was easily the greater man. Van Buren could not approach the massive and for cible eloquence of Webster, or the more captivating though fleeting speech of Clay, or the delightful warmth of the latter's leadership, or the strength and glory which their very persons and careers gave to American nation ality. But in the persistent and fruitful adherence to a political creed fitted to the time and to the genius of the BIS PLACE IN HISTORY. 397 American people, in that noble art which gathers and binds to one another and to a creed the elements of a political party, the art which disciplines and guides the party, when formed, to clear and definite purposes, with out wavering and without weakness or demagogy, Van Buren was a greater master than either of those men, in many things more interesting as they were. In this exalted art of the politician, this consummate art of the statesman, Van Buren was close to the greatest of American party leaders, close to Jefferson and to Hamilton. In his very last years the stir and rumbling of war left Van Buren in quiet recollection and anxious loyalty at Lindenwald. As his growing Ulness now and then spared him moments of ease, his mind must sometimes have turned back to the steps of his career, senator of his state, senator of the United States, governor, first cabinet minister, foreign envoy, vice-president, and presi dent. There must again have sounded in his ears the hardly remembered jargon of Lewisites and Burrites, Clintonians and Livingstonians, Republicans and Feder alists, Bucktails and Jacksonians and National Republi cans, Democrats and Whigs, Loco-focos and Conserva tives, Barnburners and Hunkers. There must rapidly though dimly have shifted before him the long series of his struggles, — struggles over the second war with England, over internal improvements, the Bank, nuUifi- cation, the divorce of bank and state, the resistance to slavery extension. Through them all there had run, and this at least his memory clearly recalled, the one strong faith of his politics and statesmanship. In all his labors of office, in aU his multifarious strifes, he never faltered in upholding the Union. But not less firmly 398 MARTIN VAN BUREN. would this true disciple of Jefferson restrain the activi ties of the federal government. Whatever wisdom, whatever integrity of purpose might belong to ministers and legislators at Washington, — though the strength of the United States might be theirs, and though they were panoplied in the august prestige rightly ascribed by American patriotism to that sovereign title of our Na tion, — still Van Buren was resolute that they should not do for the people what the states or the people them selves could do as weU. To his eyes there was clear and undimmed from the beginning to the close of his career, the idea of government as an instrument of useful pub lic service, and not as an object of superstitious venera tion, the idea but two years after his death clothed with memorable words by a master in brief speech, the dem ocratic idea of a " government of the people, by the people, for the people." INDEX. Abolition. See Slavery ; Anti-Slavery Literature ; District of Columbia. Adams, Charles Francis, 365, 366. Adams, John Quincy, favors Missouri Compromise, 79 ; opinions of Van Buren, 91, 135, 338, 339, 385 ; nat ural choice of New York Republi cans for presidency, 93 ; chosen president, 98, 99 ; initiates modern party divisions, 102-105, 141 ; oppo sition to, 136-138 ; opinions on crisis of 1837, 287 j votes against stoppage of surplus distribution, 289 ; in New Jersey contest in House, 321, 322; as president pressed claims for es caped slaves, 326 ; character, 396. Alamo, defense of, 306. Anti-Masons, 209, 210. Anti- Slavery literature, circulation of, 235-238. Auckland, Lord, 195. Bancroft, George, 310, 348. Bank of the United States, Jackson's hostility to, 173; removal of depos its from, 213-217, 253, 254; Van Buren pronounces against its rees- tablishment, 228 ; resolution of Con gress against reestablishment, 291 ; resists resumption, 298; final fall, 299. Banks, 144, 145, 253-257 ; suspension of, 274 ; resumption of, 292, 293,298. Barnburners, 354-363. Barry, 'William T., 152, 153, 170. Bell, John, 289. Bennett, James Gordon, 194. Benton, Thomas H., 80, 82, 90, 117, 180, 236, 353, 357, 373, 388. Berrien, John M., 152, 153, 170. Betting among public men, 386, /*., 387. Biddle, Nicholas, 273. Bidwell, Marshall S., 301. Blair, Francis P., 1G3, 164, 289. Branch, John, 152, 153, 170. British Colonial Trade, 121, 185-190. Bryant, William Cullen, 354. Buchanan, James, 336, 373, 395. Bucktails, 56, 94. Burr, Aaron, 15, 24, 36, 37. Butler, Benjamin F., 17, 95, 218, 243, 336, 349, 355, 363, 388, 389. Cabinet, Van Buren's, 243, 336, 337. Calhoun, John C, 80, 153; opposes Van Buren's appointment in Jack son's cabinet, 154 ; feud with Jack son, 157-1G0 ; toast on Jefferson's birthday, 160 ; opposes Van Bu ren's confirmation as minister to England, 200 ; opposes Van Buren's election to presidency, 223, 237 ; re joins Democratic party, 291 ; en counter with Clay, 296. Cambreleng, Churchill C, 134, 358, 386. Canadian insurrection, 300-306. "Caroline," seizure and burning of steamer, 303. Cass, Lewis, 170. Caucus of 1824, 97. Chase, Salmon P., 365. Cherokees, 173. Classification bill, 52. Clay, Henry, 80 ; coalition with Ad ams, 98, 99 ; promotes Panama mis sion, 104 ; opposition to his confir mation as secretary of state, 105, 112 ; promotes party division, 13G ; opposes Van Buren's confirmation as minister to England, 197-199 ; denunciation of removal of deposits, 216 ; on bill against circulation of abolition literature, 236 ; advocates liberal appropriations, 256, and dis tribution of surplus, 257, 258 ; op poses postponement of distribution, 2S9, and issue of treasury notes, 290, 291 ; encounter with Calhoun, 296 ; opposition to independent treasury, 296 ; opposes preemption 400 INDEX. by settlers, 306 ; in campaign of 1840, 327, 329, 330 ; estimate of Van Buren, 339 ; defeated in 1844, 352 } Texas letter, 353, 372, 373. Clinton, De Witt, 41, 43, 49, 50, 54, 56, 64, 93, 94, 97, 126. Clinton, George, 34. Clintonians, 37. Cobb, Thomas W., 92. Colonial trade, 121, 185-190. " Comet," case of the brig, 196. Constitutional convention of 1821, 65- 73. Council of appointment, 38, 40-42, 68, 69. Council of revision, 70, 71. Court for correction of errors, 19. Crawford, William H., 80, 81, 88, 90, 91, 97, 118, 158. Crisis of 1837, 242-277, 292, 293 ; crisis returns in 1839, 317-319. Crockett, Davy, 219, 306. Croswell, Edwin, 95. Cushing, Caleb, 287, 288. Dallas, George M., 351. Democratic conventions : in 1832, 202- 205 ; in 1836, 220-222 ; in 1840, 324, 325 ; in 1S44, 345, 348-351 ; at Syra cuse in 1847, 357. Democratic party, 132, 136-138, 172. Dickerson, Mahlon, 110, 243. Dickinson, Daniel S., 349, 355, 356, 360, 373. District of Columbia, abolition of slav ery in, 233-235, 244, 326. Dix, John A., 95, 355, 367, 389. Dodge, Henry, 364, 365. Dred Scott decision, 376. Dudley, Charles E., 95. Durham, Earl of, 304, 305. Eaton, John H., 152, 153, 170. Eaton, Mrs., episode of, 154-157. Edmonds, John W., 354. Elections : in 1824, 90-98 ; in 1828, 131-141 ; in 1832, 211-213 ; in 1836, 223-225, 238-240; in 1837, 293; in 1838, 310, 311 ; in 1839, 310, 317 ; in 1840, 323-335 ; in 1844, 352, 353 ; in 1848, 368, 369. Electors, presidential, choice of, in New York, 94. Equal Rights party, 293-295. Era of good feeling, 75. Erie Canal, 55. Expunging resolution, 229. Federalists, 32. Field, David Dudley, 354, 357. Fillmore, Millard, 372, 373, 394. Flagg, Azariah C, 95, 355, 388, 389. Florida war, second, 312-314. Forrest, Edwin, 309. Forsyth, John, 218, 243. Free-soil convention at Buffalo, 365, 366. Gallatin, Albert, 97. Garland, Hugh A., 320-322. Giddings, Joshua R., 365. Giles, William B., 132. Gilpin, Henry D., 336. Granger, Francis, 223. Greeley, Horace, 368. " Green bag " message, 64. Green, Dull, 103. Grundy, Felix, 336. Hale, John P., 375. Hamilton, Alexander, 39. Hamilton, James A., 151, 154, 175, 386. Harrison, WiUiam Henry, 222, 323, 326, 331, 343, 394. Hayne, Robert Y., 84, 85, 86, 105, 108, 123, 127, 160, 197. Head, Sir Francis B., 302, 304. " High-minded " Federalists, 62. Hill Isaac 164. Hoyt, Jesse, 27 j 162, 177, 179, 312, 313. Hoyt, Lorenzo, 178. Hunkers, 354. Hunter, Robert M. T., 322. Imprisonment for debt, 22, 84, 99.'?' Inauguration and inaugural of Van Buren, 242-245. Independent treasury, 2S2-289, 296- 298, 322, 323. Inflammatory literature, circulation of, 235-238. Ingham, Samuel D., 152, 153, 170. Internal improvements, 81-84, 100, 103, 104, 112, 113, 121, 172, 173. Irving, Washington, 192-194, 309, 310. Jackson, Andrew, 53 ; urges Monroe to exterminate party spirit, 76, 80 ; course on tariff, 84, 88, 90, 101, 105, 112, 174 ; course on internal im provements, 132 ; elected president, 143; feud with Calhoun, 157-160, 163 ; favors Van Buren as his suc cessor, 161, 162, 168 ; sends strong Union letter to Charleston, 169 ; political opinions, 133, 171 ; contest with U. S. Bank, 173, 213-217; opinions on removals, 182 ; reply to New York Democrats on Van Buren's rejection, 201 ; reelection, 212, 213; nullification proclamation, 213 ; leaves Washington, 242 ; Van INDEX. 401 Buren's tribute to, 245 ; aids Van Buren in 1840, 331 ; letter on Texas, 345, 346 ; supports Van Buren's re nomination, 348, 351 ; death, 355 ; 386, 3S7, 3S8, 3S9 ; his character, 395. Jay, John, 41. Jefferson's birthday celebration in 1830, 160. Jefferson, Thomas, influence on Van Buren, 3, 10, 11, 397, 398 ; his cre ative work in American politics, 3-10 ; letter to Giles, 132 ; letter to Van Buren, 391, 396. Johnson, Richard M., 85, 222. Judges, political power with, 71, 72 ; Van Buren's opinions of, 114-117. Kansas-Nebraska Bill, 376. Kendall, Amos, 163, 170, 178, 235, 236, 243, 336. Kent, James, 25, 37, 70. King, Rufus, 58-61, 80, 84, 86, 89, 99. King, Preston, 363. "Kitchen cabinet," 164. Knower, Benjamin, 95. Kremer, George, 221. Land bill, 225. Land-owners in America and England, 28,29. Lawrence, Abbott, 275. Lawyers in America and England, 28,29. Legal profession in America, 16, 28. Leggett, "William, 232, 235. Lewisites, 37. Lewis, Morgan, 35, 37. Lewis, William B., 158, 164. Lindenwald, 340. Liviugston, Brockholst, 35, 37. Liviugston, Edward, 35, 165, 166, 170, 213. Livingston, Robert R. , 34. Livingston family, 34. Livingstonians, 37. Loco-focos, 293-295. Mackenzie, William L., 279, ¦«. ; 302, 303, 305. Madison, James, 396. Manners, American, 9. Manning, Darnel, 96. Marcy, WiUiam L., 58, 95, 199, 259, 355, 356, 373. McLane, Louis, 170, 188, 189, 191, 218 McLean, John, 152, 153, 177. Medcef Eden litigation, 24. Mexican war, 354. Mexico, claims against, 296, 309. Missouri compromise, 62, 77, 79, 37b. Monroe, James, 75, 76, 81, 82, 158, 394. Morton, Marcus, 349. Napoleon, Louis, 311. Navy Island, seizure of, 303. New Jersey, disputed election of representatives from, 320, 322. Newspapers, political importance of, 163, 164. Niles, John M., 337. Northeast boundary question, 295, 315. Nullification, 157, 160, 169, 213. Office, property in, 46. Olcott, Thomas W., 95. Osceola, 314. Panama mission, 105, 112. Paper money system, 245. Parties reestablished, 102, 136, 172. Patronage, Benton's report on, 117- 119 ; Van Buren's use of, as gov ernor, 148, as secretary of state, 182, 183. Paulding, James K., 309-311. People's party, 93, 94. " Peter Allen " legislature, 54, 55. Pierce, Franklin, 362, 375, 395. Poinsett, Joel R., 243. Politics, American, at , beginning of Van Buren's career, 3-11. Politics of New York, 32-57 ; family influence in, 36 ; in 1824, 92. Polk, James K. , 289, 351, 352, 356, 394. Preston, William C, 329. Proscription for political opinion. See " Spoils System." Quids, 37. Regency, Albany, 95, 96. Removals from office. See " Spoils System." Removal of deposits, 213-217, 253-255. Richmond, Dean, 96. Riot in New York in 1837, 270. Rives, William C, 222, 297, 329. Rochester, William B., 126. Rotation in office, 46. See "Spoils System." Rush, Richard, 137. "Safety Fund" system of banking, 145. Sanford, Nathan, 64, 65. Scott, Winfield S., 304, 375. Seminole war, 313-315. Senate, federal, from 1821 to 1828, 127. Seward, William H., 101, 142, 258, 368, 373. 402 INDEX. Seymour, Horatio, 96. Sherrod WilUams' letter, 226-229. Shocco Springs letter, 208, 393. Slavery, American opinion of, at be ginning of Van Buren's senatorship, 77, 79; Van Buren's views on, 79, 80 ; rise of abolition agitation, 230- 234 ; in District of Columbia, 233- 235 ; circulation of abolition litera ture, 235-238 ; first mentioned by Van Buren in a presidential inaugu ral, 244 ; with reference to Texas, 308, 309 ; in Democratic platform of 1840, 324 ; petitions against, 325, 326 ; from Missouri Compromise to Texas agitation, 344 ; becomes the chief issue, 353 ; in territories ac quired from Mexico, 357. Smith, Gerrit, 366. Soft Hunkers, 356. Songs in campaign of 1840, 332, 333. Southwick, Solomon, 142. Specie circular, 260, 261, 267. Spencer, Ambrose, 37, 41, 43. Spencer, John C, 149. " Spoils System," rise of, in New York, 38-48 ; Van Buren's responsi bility for, in national politics, 152, 177-183, 199 ; in campaign of 1840, 331, 392, 393. Stevenson, Andrew, 221. Sub-treasury biU. See Independent Treasury. Suffrage, extension of, in New York, 65-68. Sumner, Charles, 369. Sumner, WiUiam G., his estimate of Van Buren, 389. Surplus distribution, 227, 228, 257- 259, 270, 289. Swartwout, Samuel, 177, 312, 313. Talcott, Samuel A., 95. Tallmadge, Nathaniel P., 297. Taney, Roger B., 218. Tariff question, in 1824, 84-89 ; in 1826- 1827, 120 ; "tariff of abominations," 122, 123 ; change in views of Jack sonian democracy on, 174, 175 ; Van Buren's views on, in 1832, 208, 209 ; in 1832, 211. Taylor, Zachary, 367, 394. Tenure of office, law of, 1820, 118, 119. Texas, 296, 307, 308, 353. Thompson, Smith, 35, 37, 142. Tilden, Samuel J., 11, 96, 355, 363. Tompkins, Daniel D., 37, 38, 57, 65. Treasury notes, issue of $10,000,000 of, 289, 290. Two-thirds rule, 204, 349, 350. Tyler, John, 223, 323, 343, 344, 394. Van Alen, James I., 15. Van Buren, Abraham, 12. Van Buren, Abraham, the younger, 338 Van Buren, John, 1, 358, 3C3, 371. Van Buren, Lawrence, 358. Van Buren, Martin, personal appear ance, 1, 383 ; popular judgment of, in later years, 2, 3 ; descent and early home, 12, 13 ; birth, 13 ; edu cation, 13, 14 ; law-student, 14, 15 ; in New York city, meets Burr, 15 ; admitted as attorney, 15 ; profes sional career, 16-31 ; pecuniary suc cess, 16, 26, 384 ; rivahy with Elisha Williams, 17 ; admitted as counsel lor, 18 ; marriage, 18 ; surrogate, 18, 19, 38 ; removes to Hudson, 19 ; member of Court of Errors, 19 ; at torney-general, 20 ; removes to Al bany, 20 ; opinion in caBe of " es cape," and hostiUty to imprisonment for debt, 21-23 ; counsel in Medcef- Eden case, 24 ; attacks Chancellor Kent's opinion, 25 ; professional ability, 27 ; death of Mrs. Van Bu ren, 31 ; entrance into politics, 33 ; participation in "spoils system," 45, 49 ; elected state senator, 44 ; reelected state senator, 49 ; sup ports Clinton for presidency, 49 ; opinions and services in war with England, 50-53; political relations with Clinton dissolved, 50-54 ; at torney-general, 53 ; regent of the University, 55 ; votes for construc tion of Erie Canal, 55 ; removed from attorney-generalship, 57 ; aids Gov ernor Tompkins, 57 ; promotes Ru fus King's election, 58-61 ; votes in 1820 against slavery extension, 63 presidential election, 63 ; asks foi removals of postmasters, 63, 64 chosen United States senator, 64 constitutional convention, 65-74 his "non-committalism," 66, 129 discussions with Chancellor Kent 70; views on slavery, 79, 80, 100 112, 113 ; opposition to internal im provements by federal government, 82, 83 ; protectionist in 1824, 84r-89 : urges constitutional amendment as to election of president, 89, 90, 113 ; supports Crawford, 90, 97 ; inclina tion at first to Adams, 91 ; nomina tion by Georgia for vice-presidency, 92 ; opposition leader in Congress, 100, 104, 105, 113, 114 ; treatment of Adams's administration, 105 ; op poses Panama mission, 107-110 ; pro poses constitutional amendment as INDEX. 403 to internal improvements, 112 ; chairman of judiciary committee, 314; opinions of judges, 114-117; receives votes for president pro tern. of senate., 117 ; participates in Ben ton's report on patronage, 117 ; course upon the tariff, 120, 208, 209 ; votes for " tariff of abominations," 122 ; speech on power of the vice- president, 123-125 ; reelected sena tor, 125 ; speech on De Witt Clin ton's death, 126 ; as a parliamentary speaker, 128-130 ; promotes union of Crawford and Jackson support ers, 134 ; southern trip, 135 ; gov ernor of New York, 142-150 ; his gubernatorial patronage, 148, 149 ; secretary of state, 151 ; share in the Eaton episode, 156, 157 ; rivalry with Calhoun, 157-160 ; toast at Jeffer son's birthday celebration, 160 ; can didate for succession to Jackson, 161 ; opinion of Jackson, 162 ; rela tions with newspapers, 163, 164 ; re signs from the cabinet, 166-168 ; per sonal relations with Jackson, 175, 176 ; opinions on removals, 178, 182, 183 ; foreign negotiations, 184-189 ; minister to England, 191-197 ; Ir ving's opinion of, 193 ; rejection of, by the Senate, 195, 197-202; de spatches from London, 196, 197 ; re turns to New York, 197 ; nominated for vice-president, 204; accepts nom ination, 206 ; Shocco Springs letter, 208 ; writes Democratic-Republican young men, 209 ; elected vice-presi dent, 212 ; speech at Philadelphia, 213 ; apostrophized by Clay, 216 ; permanent residence in Washington, 217 ; visits New England with Jack son, 218 ; nominated for presidency, 219-222 ; letter to Sherrod Williams, 226-229 ; letter accepting presiden tial nomination, 229, 230 ; declares against abolition in District of Co lumbia, 235 ; letter to Samuel Gwin, 233 ; votes for bill prohibiting circu lation of anti-slavery literature, 237 ; elected president, 238-241 ; inaugu rated, 243 ; his cabinet, 243, 309- 311, 336; inaugural address, 243- 245 ; interview with New York mer chants in crisis of 1837, 272, 273; summons Congress, 275 ; Von Hoist's opinions of, 278, 347, n. ; meets extra session, 279 ; message to extra ses sion, 280-284; message to regular session of 1837, 295 ; issues procla mation against American invaders of Canada, 303 ; message of Decem ber, 1838, 312 ; action on northeast boundary question, 315 ; trip through New York, 316, 317 ; mes sage of December, 1839, 319, 320; signs independent treasury bill, 323 ; in campaign of 1840, 325, 326, 330 ; declares "gag" rule justified, 325; defeat, 334, 335 ; message of Decem ber, 1840, 335 ; welcomes Harrison, 337 ; social administration of White House, 337-339 ; Clay's estimate of, 339 ; retires to Lindenwald, 340 ; candidate for Democratic renomina tion, 341-351 ; visits the South, and Clay and Jackson, 342 ; his Texas letter, 346-348 ; defeated for renom ination, 350 ; supports Polk, 354 ; sympathizes with Barnburner defec tion from the Democratic party, 358 ; letter to Barnburner conven tion at Utica, 363, 364 ; nominated for presidency at Utica, 364 ; letter to Free-soil convention, 366 ; defeat in 1848, and end of political career, 368, 369 ; yields to Clay compromise of 1850, 371 ; supports Pierce, 375 ; revisits Europe, 376 ; tendered ap pointment as international arbitra tor, 376; supports Buchanan, 377- 379 ; opposes election of Lincoln, 380 ; literary work in retirement, 381 ; death, 382 ; person, character, and place in history, 383-398. Van Buren, Mrs., 18, 31. Van Ness, William P., 36. Von Hoist, H., estimate of Van Buren, 278, 347, n. Walker, Robert J., 348. War with England, 49. Washington's opinion on party ap pointments, 39. Watkins, Tobias, 180, 181. Webster, Daniel, 80 ; views on tariff in 1824, 85 ; speech on Panama mis sion, 111, 112, 160 ; speech on Van Buren's rejection as minister to England, 197-199 ; on removal of the deposits, 216 ; on bill against cir culation of abolition literature, 236 ; share in crisis of 1837, 256, 285 ; on surplus distribution, 257, 286, 289 ; on specie circular, 285 ; on bill for issuance of treasury notes, 290 ; on independent treasury, 296 ; favors preemption of public lands by actual settlers, 306 ; in campaign of 1840, 327-329 ; remains in Tyler's cabinet after resignation of his colleagues, 343 ; opinion of law about circula- I tion of abolition literature, 345 ; on 404 INDEX. Van Buren and the Free-soil party, 368, 372, 373. Weed, Thurlow, 323. Whig conventions : in 1831, 210 ; in 1840, 323, 324. White, Hugh L., 219, 220. William IV., 196. Williams, Elisha, 17. Wilmot, David, 356, 358. Wilmot proviso, 355-357. Wirt, William, 142. Woodbury, Levi, 170, 243. Wright, Silas, 95, 237, 258, 351, 353, 355, 356, 388, 3S9. Young Men's National Republican Convention, 211. Young, Samuel, 350, 363. "American statesmen. A Series of Biographies of Men conspicuous in the Political History of the United States. EDITED BY JOHN T. MORSE, Jr. : The object of this series is not merely to give a number of unconnected narratives of men in Ameri can political life, but to produce books which shall, when taken together, indicate the lines of political thought and development in American history. The volumes now ready are as follows. — John Quincy Adams. By John T. Morse, Jr. Alexander Hamilton. By Henry Cabot Lodge. John C. Calhoun. By Dr. H. von Holst. Andrew Jackson. By Prof. W. G. Sumner. John Randolph. By Henry Adams. James Monroe. By Pres. Daniel C. Gilman. Thomas Jefferson. By John T. Morse, Jr. Daniel Webster. By Henry Cabot Lodge. Albert Gallatin. By John Austin Stevens. James Madison. By Sydney Howard Gay. John Adams. By John T. Morse, Jr. John Marshall. By A. B. Magruder. Samuel Adams. By James K. Hosmer. Thomas H. Benton. By Theodore Roosevelt. Henry Clay. By Hon. Carl Schurz. 2 vols. Patrick Henry. By Moses Coit Tyler Gouverneur Morris. By Theodore Roosevelt. Martin Van Buren. By Edward M. Shepard. IN PREPARATION. George Washington. By Henry Cabot Lodge. 2 vols. Others to be announced hereafter. Each volume, i6mo, gilt top, $1.25 ; half morocco, #2.50. ESTIMATES OF THE PRESS. "JOHN QUINCY ADAMS." That Mr. Morse's conclusions will in the main be those oi posterity we have very little doubt, and he has set an admirable example to his coadjutors in respect of interesting narrative, just proportion, and judicial candor. — New York Evening Post. Mr. Morse has written closely, compactly, intelligently, fear lessly, honestly. — New York Times. "ALEXANDER HAMILTON." The biography of Mr. Lodge is calm and dignified through out. He has the virtue — rare indeed among biographers — of impartiality. He has done his work with conscientious care, and the biography of Hamilton is a book which cannot have Coo many readers. It is more than a biography ; it is a study in the science of government. — St. Paul Pioneer-Press. "JOHN C. CALHOUN." Nothing can exceed the skill with which the political career of the great South Carolinian is portrayed in these pages. The work is superior to any other number of the series thus far, and we do not think it can be surpassed by any of those that are to come. The whole discussion in relation to Calhoun's position is eminently philosophical and just. — Tne Dial (Chicago). "ANDREW JACKSON." Prof. Sumner has, ... all in all, made the justest long esti mate of Jackson that has had itself put between the covers of a book. — New York Times. One of the most masterly monographs that we have ever had the pleasure of reading. It is calm and clear. — Providence Sburftal. "JOHN RANDOLPH." The book has been to me intensely interesting. ... It is rich in new facts and side lights, and is worthy of its place in the already brilliant series of monographs on American States men. — Prof. Moses Coit Tyler. Remarkably interesting. . . . The biography has all the ele ments of popularity, and cannot fail to be widely read. — Hart- ford Courant. "JAMES MONROE." In clearness of style, and in all points of literary workman- ship, from cover to cover, the volume is well-nigh perfect. There is also a calmness of judgment, a correctness of taste, and an absence of partisanship which are too frequently want ing in biographies, and especially in political biographies.— American Literary Churchman (Baltimore). The most readable of all the lives that have ever been written of the great jurist. — San Francisco Bulletin. "THOMAS JEFFERSON." The book is exceedingly interesting and readable. The at tention of the reader is strongly seized at once, and he is carried along in spite of himself, sometimes protesting, sometimes doubting, yet unable to lay the book down. — Chicago Standard. The requirements of political biography have rarely been met so satisfactorily as in this memoir of Jefferson. — Boston journal. "DANIEL WEBSTER." It will be read by students of history ; it will be invaluable as a work of reference ; it will be an authority as regards matters of fact and criticism ; it hits the key-note of Webster's durable and ever-growing fame ; it is adequate, calm, impartial ; it is ad mirable. — Philadelphia Press. The task has been achieved ably, admirably, and faithfully. — • Boston Transcript. "ALBERT GALLATIN." It is one of the most carefully prepared of these very valu able volumes, . . . abounding in information not so readily ac cessible as is that pertaining to men more often treated by the biographer. . . . The whole work covers a ground which the political student cannot afford to neglect. — Boston Correspon dent Hartford Courani. Frank, simple, and straightforward. — New York Tribune, "JAMES MADISON." The execution of the work deserves the highest praise. It is very readable, in a bright and vigorous style, and is marked by unity and consecutiveness of plan. — The Nation (New York). An able book. . . .' Mr. Gay writes with an eye single to truth. — The Critic (New York). "JOHN ADAMS." A good piece of literary work. ... It covers the ground thoroughly, and gives just the sort of simple and succinct ac count that is wanted. — Evening Post (New York). A model of condensation and selection, as well as of graphic portraiture and clear and interesting historical narrative. — Christian Intelligencer (New York). "JOHN MARSHALL." Well done, with simplicity, clearness, precision, and judg ment, and in a spirit of moderation and equity. A valuable ad dition to the series. — New York Tribune. "SAMUEL ADAMS." Thoroughly appreciative and sympathetic, yet fair and criti cal. .. . This biography is a piece of good work — a clear and simple presentation of a noble man and pure patriot ; it is Written in a spirit of candor and humanity. — Worcester Spy. A brilliant and enthusiastic book, which it will do every American much good to read. — The Beacon ( Boston). **» For sale by all booksellers. Sent, post-paid, oh re ceipt of price by the Publishers, HOUGHTON, MIFFLIN & COMPANY, Boston and New York. YALE UNIVERSITY LIBRARY 3J3002 04018 4310^