MEMOIR OF DE WITT CLINTON

APPENDIX

NOTE.

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In the course of conversation with a gentleman of high political standing, expressing my surprise at the legislative act referred to, the following remarks were made on his part, as in some degree calculated to palliate the injustice that had been done by this high-handed act of violence and ingratitude. He observed that, "misunderstandings had taken place between members, particularly of the board of commissioners and Mr. Clinton, relative to certain measures that had been proposed in the location and direction of some parts of the canal, which afforded an opportunity to the opponents of such measures, and to his personal and political enemies, to create the belief in a portion of the legislature, that his removal from the place of honorary commissioner, was necessary for the harmonious prosecution of the remaining parts of the work." He indeed assured me, that many of the members of both houses, including some of Mr. Clinton’s personal friends, under the influence of such consideration alone, without inquiring into the details of the personal disagreements that had occurred in the board, were induced to yield their sanction to a measure, which, under other circumstances, was deemed by them so highly improper and unjustifiable.

But there are, doubtless, other reasons than those just alleged, which must have operated in producing this most extraordinary legislative proceeding. In order, if possible, to disclose the source from whence it originated, I applied to Colonel Stone, the editor of the Commercial Advertiser, who was present, and had ample opportunities of knowing the various interests that at that time influenced the great political parties into which the state was then divided. His reply to my request, I have his permission to introduce in this place.

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NEW-YORK, March, 25th, 1829.

DEAR SIR,

At a late hour last evening, I was favoured with your note of yesterday, requesting a copy of the speech of the late Henry Cunningham, Esq. of Montgomery county, delivered in the house of assembly, on the resolution, in 1824, for the removal of De Witt Clinton from the board of canal commissioners. To this request you have done me the honour to append the following intimation: "You may, perhaps, give me some clue to the circumstances which led to that extraordinary transaction, besides those alleged by the enemies of Mr. Clinton." The speech of Mr. Cunningham is herewith enclosed; and as justice requires that the event to which it refers, connected as it is with the legislative history of our canals, and the political history of Governor Clinton, should not be passed over in silence, I readily undertake a compliance with the whole of your request, though it were better perhaps that another pen should make the record. I shall endeavour, however, to speak with the utmost candour and impartiality, using as few names as possible.

You have very justly denominated this an "extraordinary transaction." It was effected by a joint resolution of the two branches of the legislature, on the 12th of April, 1824. No satisfactory excuse for this harsh and intolerant measure ever has been, or ever can be made. The most that can be said in extenuation is, that it was done at a moment of high political excitement. "There never was a perfect man," says a late number of the Edinburgh Review; "it would, therefore, be the height of absurdity to expect a perfect party; or a perfect assembly; for large bodies are far more likely to err than individuals. The passions are inflamed; the fear of punishment, and the sense of shame, are diminished by partition. Every day we see men do for their faction, what they would rather die than do for themselves." It is upon this principle, and upon no other, that we can account for this unnecessary, and uncalled for act of political proscription. As I have remarked before, it was a moment of high and peculiar political excitement. The then approaching presidential election, had called into action many angry passions, and fierce conflicting opinions, touching a great measure involving the supposed rights of the people, to a direct participation in the election of president. It was well known that a large majority of the people of this state were in favour of Mr. Adams, at that time, and it was believed that a small majority of the legislature preferred the election of Mr. Crawford. Hence the friends of the former were desirous of taking from the legislature the power of appointing the electors, and of referring the choice immediately to the people. And the friends of the latter candidate were equally anxious to retain the power in their own hands. The political revolutions of 1821-22, which had swept away the old constitution, and changed, in some respects, the aspect of our political and civil institutions, had likewise left Mr. Clinton in temporary retirement from the chair of state. And although nearly balanced upon the presidential question, a large majority of both branches of the legislature were in decided political hostility to him. The consequence of this peculiar state of things was, that the friends of Mr. Crawford, and the opponents of the electoral law, devised the resolution for the removal of' Mr. Clinton, simply as a political ruse de guerre. Availing themselves of the supposed unpopularity of Mr. Clinton at that moment, they hoped at once to extinguish ail clamour upon the subject of the electoral law, and ruin the cause of Mr. Adams, by identifying the friends of this measure and this candidate, with what they were pleased to consider the broken fortunes of the illustrious individual then suffering the pains of political banishment. The project was devised, and the whole scheme matured, as I have the written authority of a highly respectable member of the senate who was present, for saying, in a select and rather informal caucus, on the evening before the act was perpetrated. No one, it is believed, would have denied the high-handed and daring injustice of the measure. But it was a large stake for which they were playing; and in the heat of an embittered party contest, politicians are too often in the habit of practising upon the maxim, that the "end justifies the means." It was believed by the leaders in the project, that on a resolution for the removal of Mr. Clinton, the opponents of Mr. Crawford, and, as they pretended, of Mr. Clinton also, would almost to a man vote in the negative. And from that moment they were to have been denounced as Clintonians. The device was considered the ne plus ultra of political cunning. But unfortunately for its projectors, though most fortunate, as it proved, for the great object against whom it was aimed as the last fatal stab, the effect was directly the reverse of what had been anticipated. The resolution was moved in the senate by Mr. B., {It is said, and I believe the story is not apochryphal, that Mr. B. was the only member of the senate, who would consent to rise in his place and offer it. And there was a division of labour in the operation as it was; General E----- R----- having written it; Mr. ----- S----- copied it; and Mr. B. presented it.} of Rochester, and instantly adopted. – It was then sent down to the assembly for concurrence, where it was received just as the house was on the point of adjourning sine die. It was received with unmingled astonishment by every member who had not been intrusted with the secret. A sort of panic seemed to prevail, and men looked at each other with fixed and unutterable amazement. As I have just remarked, the house was on the very point of its final adjournment, and many of the members were packing the papers upon their desks, as they were leaving their seats, when the resolution was announced. Mr. Cunningham, who was a fine, noble-hearted man, and in reality what Mark Antony pretended to be – "a plain blunt man, who spoke right on," was in the act of putting on his over-coat. But though others stood hesitating and abashed, it was not the case with him. With but a moment for reflection, flinging his coat over his arm, he turned to the speaker, and with a countenance glowing with generous indignation, gave utterance to his feelings in the following bold and manly sentiments, in language warm, and proceeding spontaneously from the heart.

"Mr. Cunningham said he arose with no ordinary feelings of surprise and astonishment at the resolution just read as coming from the senate. Sir, said Mr. C. it is calculated to arouse the feelings of every honourable gentleman on this floor; its very approach is marked with black ingratitude and base design. I do not wish, said Mr. C. to speak disrespectfully of a co-ordinate branch of the legislature, nor to impute their acts to improper motives, but I hope I may be permitted to inquire, for what good and honourable purpose has this resolution been sent here for concurrence, at the very last moment of the session.

"Is it to create discord amongst us, and destroy that harmony and good feeling which ought to prevail at our separation? We have, said Mr. C. spent rising of three months in legislation, and not one word has been dropped intimating a desire or intention to expel that honourable gentleman from the board of canal commissioners. Sir, he was called to that place by the united voice and common consent of the people of this state, on account of his peculiar and transcendant fitness to preside at that board, and by his counsel stimulate and forward the great undertaking; his labour for years has been arduous and unceasing for the public good; he endured slander and persecution from every direction like a christian martyr; but steadfast in his purpose, he pursued his course with a firm and steady step, until all was crowned with success, and the most flagrant of his opposers sat in sullen silence.

"For what let me inquire, did Mr. Clinton endure all this? was it for the sake of salary? No, sir; it was for the honour and welfare of his state; it was from noble and patriotic motives, and for which he asked nothing; received nothing; nor did he expect any thing but the gratitude of his countrymen.

"Now, sir, said Mr. C. I put the question to this honourable house to decide upon the oath which they have taken, and upon their sense of propriety and honour, whether they are ready by their votes to commit the sin of ingratitude.

"I hope, said Mr. C. there is yet a redeeming spirit in this house; that we shall not be guilty of so great an outrage. If we concur in this resolution, we shall take upon ourselves an awful responsibility, and one for which our constituents will call us to strict account. What, let me ask, shall we answer in excuse for ourselves, when we return to an inquisitive and watchful people? What can we charge to Mr. Clinton; what can we say that he has been guilty of, that he should now be singled out as an object of-state persecution? Will some friend of this resolution be kind enough to inform me? Sir, I challenge inquiry. I demand from the supporters of this high-handed measure, that they lay their hands upon their hearts, and answer me truly, for what cause is the man to he removed?

"I dare assert in my place, said Mr. C. that his doings as a canal commissioner are unimpeached and unimpeachable, and such as have even elicited the plaudits and admiration of his political enemies. This, sir, is the official character of the man whom we new seek to destroy. I hope, said Mr. C. this house will pardon me when I freely declare my opinion, that this resolution was engendered in the most unhallowed feelings of malice, to effect some nefarious and secret purpose at the expense of the honour and integrity of this legislature; however harsh it may seem, it is the irresistible impulse of my mind.

"Some may call me federalist, or Clintonian, and hence my zeal manifested on this occasion; not so, sir; no party name or feeling shall be suffered to influence my conduct or my vote, when considerations of justice, of gratitude, and of principle, make their demand upon me.

"However much I esteem Mr. Clinton as a profound statesman and scholar, I am not embarked with his political fortunes, but speak free and untrammelled, without fear, favour, or affection.

"1 am well aware, said Mr. C. that some honourable gentlemen may think if they vote against this resolution, they will be suspected in their politics; such considerations ought not to influence us on this subject. Mr. Clinton is not in the political market; he reposes in the shades of honourable retirement; he asks for no office and possesses none, but the one of which he is about to be stripped.

"The senate, it appears, have been actuated by some cruel and malignant passion, unaccounted for, and have made a rush upon this house, and taken us on surprise. The resolution may pass; but if it does, my word for it, we are disgraced in the judgment and good sense of an injured but intelligent community. Whatever the fate of this resolution may be, let it be remembered, that Mr. Clinton has acquired a reputation not to be destroyed by the pitiful malice of a few leading partisans of the day.

"When the contemptible party strifes of the present day shall have passed by, and the political bargainers and jugglers who now hang round this capitol for subsistence, shall be overwhelmed and forgotten in their own insignificance; when the gentle breeze shall pass over the tomb of that great man, carrying with it the just tribute of honour and praise which is now withheld; the pen of the future historian, in better days and in better times, will do him justice, and erect to his memory a proud monument of fame, as imperishable as the splendid works which owe their origin to his genius and perseverance.

"Sir, I have done; and I have only to beseech every honourable gentleman on this floor, to weigh and consider well the consequences of the vote which he is about to give on this important question: it is probably the last that will be given this session; and I pray God it may be such as will not disgrace us in the eyes of our constituents."

The appeal, however, of this generous and patriotic man, who has since been summoned to an early grave, was vain. Many of the ablest and best men, though pricked to the heart with the injustice of the deed, were yet fearful of snares and pitfalls, and in the doubt and perturbation of the moment, voted for the fatal resolution. {In the senate, the vote stood as follows: – Ayes 21; noes 3! – The votes of the assembly were, ayes 64; noes 31.} There was a want of moral courage in this matter, which cannot be excused. The question should have been met upon its merits, whatever might have been the consequences. Still, however, there is much in the attending circumstances, to mitigate the sharpness of our censure; and the result was all that the friends of civil liberty, and foes to proscription and intolerance, could have desired. This act aroused the spirit of the people to the highest pitch of excitement. The post from which Mr. Clinton was then ejected, had become merely honorary. The great public works in which the state was then engaged, and which had been thus far prosecuted with such distinguished success, under the general superintendence of his presiding genius, were almost completed, and the plans had all been matured and determined.

For fourteen years De Witt Clinton had held the office of a commissioner on the subject of canals, during which period he had bent all the energies of his soul, and all the resources of his capacious mind, to the accomplishment of these mighty works. For years he had to struggle against an opposition, which it might be supposed would have appalled the most daring, and overwhelmed the stoutest heart. But he breasted himself to the torrent like a giant, and not only turned its current back, but by his resistless powers, compelled his foes to do homage to the triumphs of his genius. And the whole of this period of fourteen years had been devoted to this branch of the public service, without salary or compensation. The intelligence spread with the rapidity of lightning, and the fire of indignation followed in its train. Public meetings were called, and attended by overwhelming numbers, in every part of the state. From Sag-Harbour to Niagara, there was a spontaneous demand from the people to bring back the persecuted patriot and statesman from his retirement. The sequel is known. Mr. Crawford was not chosen president, and Mr. Clinton was again called to the chief magistracy of the state, by a majority then unparalleled in the annals of our contested elections.

I have dwelt longer, and with greater particularity upon this transaction than I otherwise should have done, not only because it was a very important event in the life of Mr. Clinton, as connected with the political history of this state, but because I do not believe the subject has been generally or clearly understood. Amid the din of party strife, a candid and impartial statement of the case was hardly to be expected from the partisan presses of either side; each being anxious to place the conduct of its political friends in the fairest possible light. But the excitement and feelings of that day have already passed away. And the bitterness of political hate, which rankled in the bosoms of Mr. Clinton’s foes, was buried with his ashes. The distinguished rivals for the presidential chair at that period, have both passed from the political stage, so that the truth can now be spoken without obstacle or restraint. I have endeavoured to give the history of the event with truth and impartiality; and believe I have succeeded in disclosing the secret springs of action which led to a measure so unjust in itself, so well concerted, and yet so suicidal to its authors. Fiat justitia, ruat cślum.

I am sir, with respect,

Very truly yours,

WILLIAM L. STONE.

Dr. DAVID HOSACK.

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