MEMOIR OF DE WITT CLINTON
APPENDIX
NOTE I.
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MR. CLINTON'S CHARACTER AND SERVICES AS CHIEF MAGISTRATE.
Mr. Clinton, as the chief magistrate of this city, having been many years associated with the Hon. Richard Riker, the present recorder, I addressed to the latter the following letter, and received in reply the subjoined communication.
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NEW-YORK, May 17th, 1828.
DEAR SIR,
Knowing that you have been many years associated with Mr. Clinton in the various official stations you have held, more especially as District Attorney and as Recorder, you must have had a very ample opportunity of intimately knowing his merits as a criminal judge, the duties of which as Mayor, he frequently had occasion to perform. Allow me to ask the favour of you to give me your views of Mr. Clinton's character in that important station. I am aware of the occasional feelings that occurred to mar the friendship which subsisted between you, but I also well know your magnanimity is such that these have long since been obliterated, and that you will not consider this application from me as a departure from propriety or delicacy. It proceeds from my desire to give a faithful portrait of my friend in the performance of the duty that has been assigned me.
Very truly and respectfully yours,
DAVID HOSACK.
The Hon. RICHARD RIKER, Recorder.
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"NEW-YORK, 19th May, 1828.
"DEAR SIR,
"It affords me great satisfaction to reply to your note of the 17th instant. Whatever differences may have existed between Mr. Clinton and myself, they are buried in oblivion. I remember only the days when we were friends. You have recalled those days to my recollection.
Mr. Clinton was the chief magistrate of our city for nearly ten years. As such he was the presiding judge in the court of General Sessions. During almost the whole of that period I was the district attorney, and conducted before him the criminal business of the city. You ask me to give his character in the highly important station of judge. My answer is, - that he was, in my opinion, one of the safest judges that ever presided in a court of criminal jurisdiction. He was patient - discriminating - master of all the great principles of criminal law - severe where justice required it, but always inclined to the side of mercy.
"In confirmation of this opinion of mine, it is due to the memory of Mr. Clinton to state the sentiments of a political opponent, and one of the most accomplished advocates, who has at any period adorned our bar. I refer to the late Washington Morton. He has often said to me, that were he to be put upon trial for his life, and could select his judge, he would choose De Witt Clinton. Many of Mr. Clinton's charges to the grand jury have been published, and have uniformly commanded respect, not less for the comprehensive views taken by him of the powers and duties of the grand inquest, than the style in which those addresses were written.
"Very respectfully your obedient servant,
"RICHARD RIKER."
"PROFESSOR HOSACK."
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