USA > New York > A history of the state of New York, from the first discovery of the country to the present time: with a geographical account of the country, and a view of its original inhabitants > Part 30
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for. By the direction of his son, some drink was given him. Ile walked in the hall, but soon returned to his chair in the library ; the hand of death was upon him ; his head fell upon his breast. A physician arrived, but too late : all efforts, though unremittingly continued for some hours, to recall his parting · spirit, proved unavailing : sense, consciousness, intel- ligence, had fled for ever : Clinton was no more. The heart- rending event was communicated to his agonized family ; and, with the rapidity of an electric shock, pervaded the city ; the house of mourning was instantly surrounded by his neighbors and numerous friends, who could scarcely credit the reality of his death. On the succeeding day, excepting the measures of respect for his memory and preparation for the funeral rites, all business was suspended : the legislative body, the nu- merous public institutions, literary, benevolent, commercial, all partake of the general gloom ; their doors are closed; all unite in the universal lamentation ; all, not excepting those who had been his political opponents, are now emulous to manifest their love and respect for his memory; to unite in - expressions of the loss they had sustained, and in demonstra- tions of gratitude for his invaluable and disinterested services. The funeral obsequies are prepared ; his remains are conveyed to the tomb, amid all the solemnities that respond to the deep sorrow with which every heart in the community is afflicted by this dispensation of Providence.
"To conclude : if the possession of strong native powers of mind, and those highly cultivated by extensive attainments in the different departments of human knowledge ; if an in- nate spirit of patriotism, quickened and directed by an ac- quaintance with the various interests of his country, and a life devoted to the unceasing performance of public duty, and expended in the service of his native state, entitle their pos- sessor to respectful notice, Mr. Clinton presents the strongest claims, not only to the affections of his countrymen, but to a distinguished place among the sages, statesmen and benefac- tors of the American republic. It is in the intellectual as in the natural world, although the expanse above is studded with an infinity of bodies, shedding and diffusing their portion of light, a certain number of greater magnitude and brilliancy com-
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mand the more exclusive vision of the beholder, and are so many suns communicating their effulgence and influence to other and distant worlds. In like manner, there are some intellectual luminaries much more distinguished than are the ordinary sources of light and knowledge. The Grecian and Roman republics had their constellations of illustrious men- Themistocles and Epaminondas, Cincinnatus, Fabricius, and the Scipios. England has had her Lockes and her New- tons, her Chathams and her Cannings. And young as our own republic yet is, her galaxy is already brightened wit !! illustrious names. It were injustice not to assign a like ele- vation to the transcendent mind of Mr. Clinton, whose name, associated with those of Washington, Hamilton, Franklin, Adams, Rittenhouse, Jefferson, Fulton, and other American . worthics, will ever be identified with the existence of our country, and transmitted with increasing lustre to the latest posterity."
THOMAS ADDIS EMMET.
Thomas Addis Emmet was born in Cork, Ireland, about 1765, ten years before the revolution which separated this country from the British dominion. He was educated at the university of Dublin at an early period of life, and design- ed by his father for the profession of medicine. Ile was accordingly educated with this view, and entered on his medi- cal studies in Edinburgh, Scotland. In completing his studies, Mr. Emmet visited many of the most celebrated schools on the continent, and travelled into Italy, to the banks of the Tiber, and the city of the seven hills, and passed through Germany. At the termination of his studies, a desolating inisfortune occurred to his family, by the death of his elder brother, a member of the Irish bar, and a person of whom Mr. Emmet always speaks as one of the first men that Ireland ever produced. This calamity changed the mind of Mr. Emmet's father as to the course of life previously designed for his son; and, being determined to have one lawyer in his family, he desired Thomas Addis to go to the bar, to which
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he cheerfully consented. He then went to London, and read two years in the temple, occasionally attended the courts at Westminster, and often heard Erskine in the noblest displays of his eloquence. From thence he returned to his native land, was admitted to the bar, and commenced his practice in Dublin, the future scene of his fame and his sufferings.
Mr. Emmet very soon rose to distinction at the Irish bar. ,He rode the circuit, and commanded a full share of business and confidence. He was the circuit and term companion of Curran, and even in Ireland, if I may credit the information of several Irish gentlemen, was his superior in talents, legal attainments and general information. But while fame and wealth were attending his ardent efforts at the bar, and the proudest seats of office and honor seemed not too high for his capacity and his aspirations, the gloom that overclouded his country-her long past sufferings-the dark and cheerless prospect that opened upon her destinies, engrossed the con- stant thoughts of all her patriots, and commanded the intense contemplation of every intelligent friend of his native soil. The French Revolution had burst forth on Europe like a volcano. It rent asunder the political relations which had endured for ages, tore up ancient institutions by the roots, and overturned the most arbitrary throne on the continent, if we except that of the emperor of all the Russias. It was hailed in Ireland as the day-spring of hope and freedom, and diffused over that green and beautiful island a silent but enthusiastic expectation of deliverance. The keen hostility which sub- sisted between France and Great Britain induced the former to cast her eyes on Ireland, although before, and about this time, many Irish agents of great talents and influence, had no doubt passed over to France, and urged her fluctuating gov- ernment to give countenance and aid to an entire revolution in their country. Every pledge of support was made by the government of France. The Irish patriots acted with great independence and prudence. They would not consent that France should have any control over, or any participation in, the future government of Ireland. A certain number of troops were to land on the Irish coast, and to be united with the patriot forces.
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The course pursued by France is recorded in history, and well known. She held out fair promises, but never acted with any system or resolution. The landing at Killala was a mi- erable effort. In fact, France did nothing for Ireland, but leave a curse on her deserted and fallen fortune on account of French alliance. When Napoleon became the head of the French nation, he left all beaten paths, and acted for him- self. Whatever he might have thought of Ireland, he thought more of Napoleon, and his expedition to Egypt carried to the banks of the Nile the forces once designed by others for the liberation of Ireland.
After a short struggle in the field, and after a few scattering . and ineffectual insurrections, in which perished some of the noblest spirits that Ireland ever saw, the patriots were van- quished, and the soul of the nation sunk within her. There was the end of Ireland's hopes, at least for generations. France, under the guidance of Napoleon, sought the conquest · of Europe, and England was left to crush to powder her sis- ter isle.
Among the illustrious victims of vengeance, the name of Thomas Addis Emmet maintains an exalted place. Without any specific allegation, or any overt act of treason, he was cast into prison, and never again permitted to enjoy his personal freedom in his native land. Mr. Emmet and several other state prisoners were confined in the prison of Kilmainham, in Dublin. He had acted throughout the rebellion with extreme caution. He had abstained from every thing that could ren- der him liable to legal consequences, and, in fact, was not peculiarly obnoxious to government.
After having been confined, as a state prisoner, in Dublin, about a year, intelligence was received, that the French were about to make a descent upon Ireland, and Mr. Emmet, with several of his fellow-prisoners, was removed to Scotland, and imprisoned in fort George. Here they were confined for three years. Mrs. Emmet was permitted to join her husband, and never left him afterwards. During his confinement here, Mr. Emmet wrote part of an essay toward the history of Ireland, which was printed in New York in 1807, and deserves to be more extensively known. It displays great vigor of thought,
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clearness of conception, and elegance of language, and will one day be read with great avidity and delight. Amid all his troubles, his mind remained firm and unbroken, full of vigor and industry :-
Exilium causa ipsa jubet sibi dulce videri, Et desiderium dulce levat patria.
After the expiration of three years, the British government concluded to discharge the prisoners from fort George, and end their sufferings. A correspondence was opened with governor Stuart, and. after every thing was arranged, a list of pardons was sent him; and here occurs an incident which de- serves to be remembered in the life of Mr. Emmet. The list of pardons came, including every prisoner's name but his own. Governor Stuart sent for him, and, with evident emotion, told him the fact. For Mr. Emmet there was no pardon, and he was doomed still to remain a state prisoner. Neither governor Stuart nor Mr. Emmet could divine the cause of this want of lenity in his case. After a moment of deep reflection, silence and anxiety, governor Stuart said, in a decided tone, " Mr. Emmet, you shall go ; I will take all hazards and all responsi- bility ; you shall go to-morrow with the rest of the prisoners, and I will stand between you and the government." The next morning, Mr. Emmet left the shores of Scotland, associa ted with many painful and some pleasant and grateful recol- lections.
Mr. Emmet and his lady, and the other nineteen prisoners, were escorted to the frigate which was sent to convey them to the continent of Europe, with waving banners and joyful ac- clamations. It was a kind of triumphal procession, in which officers and men, subjects and rulers, all joined; for there was no feeling towards the prisoners at fort George, but love, sympathy and good will. All rejoiced in their liberation. Mr. Emmet went to France, where he remained some time. Of the particulars of his residence there I am not in possession. His health was considerably impaired, and it is probable that he did little more than recover his health and reclaim a shat- tered constitution. There was no hope of doing any thing
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more for Ireland, and he turned his thoughts to the only se- cure refuge from oppression-the United States.
In 1804, we find Thomas Addis Emmet a resident of our own country. He now moves on a new theatre, and occupies a wide space in the consideration of a people to whom lie was hitherto a stranger. He is no longer embarked in the troubled scenes of Europe. He commenced his career in the service of his country, to aid in conducting a most important revolu- tion to a successful issue, and he failed in his attempt. About six years of the most valuable part of his life had been lost by imprisonment and the calamities attendant on the part which he acted. He now commences a new career, and with what success, this narrative may present some slight proof.
When Mr. Emmet came to the United States, he was about 40 years of age. His fortune had been broken, and he had a family to sustain and educate. For some time he doubted which profession he would pursue-that of medicine or the law. He was competent to undertake either.
In compliance with the advice of his friends, he selected the legal profession, and was soon after admitted to the bar of New York.
Mr. Emmet now commenced that splendid career at the American bar, that has not only elevated the character of the profession, but reflected back a lustre on his native land. The Irish bar have reason to be proud of the exile who has so essentially aided in giving immortality to Irish genius. Very soon after Mr. Emmet appeared at our bar, he was em- ployed in a case peculiarly well calculated for the display of his extraordinary powers. Several slaves had escaped from a neighboring state, and found a refuge here. Their masters seized them, and the rights of these masters became a matter of controversy. Mr. Emmet, I have been informed, was re- tained by the society of Friends-the real, steady, ardent and persevering friends of humanity and justice-and of course espoused the cause of the slaves. His effort is said to have been overwhelming. The novelty of his manner, the enthu- siesm which he exhibited, his broad, Irish accent, his pathos
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and violence of gesture, created a variety of sensations in the audience. His republican friends said that his fortune was made, and they were right.
In 1807, Mr. Emmet appeared before the American public in a controversy with Rufus King. Mr. King was the federal candidate for governor of the state of New York. Mr. Emmet, on political and personal grounds, was opposed to his election. At a meeting of the Hibernian Society, he broke out in an eloquent appeal to his countrymen and brethren, and urged them to rally and imbody against Mr. King. This roused the temper of Mr. King's friends, and the federal pa- pers, especially the New York Evening Post, poured a torrent of invective on the head of Mr. Emmet. Severe epithets and hard names were applied to him. He had seen political war before, and was not to have his lips sealed at this time. He addressed two letters to Mr. King, and the last was long and severc.
Mr. Emmet's course in 1807, and his ardor and firmness as a republican, identified him with the republican party. He never courted station or public trust; his theatre was the fo- rum. In August, 1812, the council of appointment conferred upon him the office of attorney-general of the state of New York. This was a post of honor, but could not add to his professional fame or emolument. He held the office but for a short time, and has never since sought or received any public. appointment.
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The mind of Thomas Addis Emmet is of the highest order. His penetration is deep, his views comprehensive, his distinc- tions remarkably nice. His powers of investigation are vigo- rous and irresistible. If there be any thing in a subject, he will go to the bottom. He probes boldly, reaches the lowest depths by his researches, analyzes every thing, and embraces the whole ground. He may be said to have a mind well adapt- ed to profound and powerful investigation. In the next place, he has great comprehension. He sees a subject in all its bearings and relations. Ile traces out all its various opera- tions. He begins at the centre, and diverges, until it becomes necessary again to return to the centre. As a reasoner-a bare, strict reasoner -- Mr. Emmet would always be placed in
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an elevated rank. No matter how dry, how difficult, how repulsive the topic ; no matter what may be its intricacies and perplexities, if any man can unfold and amplify it, he is equal to the task.
Mr. Emmet is a lawyer of great and faithful legal research. He has consulted books with as much fidelity and perseverance as any man at the American bar. Perhaps he has not done this with so much system as appears in the study of many others ; a constant pressure of business may have prevented study upon abstract principles, with bare views of gaining knowledge ; but in his day, he has spared nothing in the compass of his reading. He has gone back to the black-letter, and come down to all the modern works that weigh down the shelves of . our libraries, in the shape of reports and elementary treatises. In his arguments, he calls up all the authorities applicable to his case ; and, what is of great consequence in the character of a finished lawyer, these authorities shed light on the subject matter of discussion.
Mr. Emmet cites with accuracy, and courts very much rely on his discernment-a character, by the way, of immense importance to an advocate. Courts soon measure a law- yer's understanding. If he wants perspicuity and clear- ness-if he mingles and confuses-he is sure to mislead, if he command respect and credence. Hence he will not long find countenance in legal tribunals. Mr. Emmet is not fond of re- sorting to the civil law, the corpus juris civilis. He occasion- ally draws from this fountain, but reposes generally on the common law. The text of the civil law is in his library, and the works of most of the commentators on this text; but my apprehension is, that he has only consulted this grand body of jurisprudence in extraordinary cases.
The subject of this memoir is not less distinguished for his knowledge of the theory of the law than he is of the practice. As a special pleader, he has great experience and precision. And whoever looks through the decisions of cases in the New York reports, and those argued in the supreme court at Washington, where he has been concerned, will be convinced of the fact here asserted. It has been said, that while Erskine
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dazzled, charmed and astonished all who heard him in West- minster Hall, the hard head and watchful skill of the nisi prius lawyer was always perceptible. Mr. Emmet, while he displays wonderful powers of eloquence, and indulges in bursts of lofty and noble sentiment, and appeals to the great moral maxims that must govern men in this world while we have laws, morals, and obedience to order, never forgets the land- marks of professional watchfulness : he is still the well disci- plined lawyer, contending for his client.
As a classical scholar, but few men can stand before Mr. Emmet in point of attainments. He is familiar with the great writers of antiquity-the master spirits who have infused their genius and their sentiments into the popular feelings of ages which have rolled on long after the poet and the orator, the statesman and the historian, have ceased to glow, to speak, to guide, or to write. He has closely consulted those oracles of wisdom, those disciples of philosophy, those sons of the muses, whose opinions, sentiments and effusions ligliten the sorrows of human existence, inspire the mind with noble ideas, and cheer the ardent and persevering devotions of the student. The man of whom I speak is more intimately acquainted with the poets of Greece and Rome, than with the prose writers . at least such is the fact evinced in his speeches and conversa tion. Virgil and Horace are always on his tongue, and Juve nal is sometimes called to his aid. There is a reason for this kind of learning in Mr. Emmet. His early education was in the schools of Europe. He had all the discipline and all the primitive advantages peculiar to those schools. The Latin and the Greek tongues were introduced to his notice when ret a child, and for years they were his daily companions. The writings of the British classics he has also consulted with. a delight and advantage which often appear in his arguments Shakspeare, in particular, he often quotes.
One of the greatest charms of Mr. Emmet's eloquence, is the fancy which he continually displays. He possesses an imagination boundless as the world of light, grandeur and beauty. Its flights are bold-its pictures soft, magnificent or' awful, as the subject may require. This power is greater in Mr. Emmet than in any other lawyer whom I have ever heard.
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It enables him to shed a charm over every subject which he touches. To the most dry and meager topic he can impart interest and attraction. All his figures indicate taste and propriety. They are often bold and daring, and frequently show very great accuracy and precision of language. It falls to his province to impress on the mind of every hearer a rec- : ollection as lasting as life. No man who ever heard him for an hour can forget his figure, his face, his manner, and a great part of his very language. Some of his peculiar figures of speech would be well remembered.
Mr. Emmet's appearance and manners are plain and sim- ple in the extreme. His dress is wholly unstudied. Every thing, however, shows the most perfect delicacy of feeling. Modest, unassuming, unobtrusive, and perfectly polite, he would alone attract the attention of a stranger by that amiable temper and obliging disposition that manifested themselves on all occasions. I do not consider him an eloquent or a powerful man in ordinary conversation. His remarks are generally appropriate, and well adapted to passing colloquial scenes. He speaks with sense and intelligence ; but he dis- covers nothing of the man he is, unless called out by an occa- sion sufficient to awaken his mind and create excitement.
In his private character, the object of this memoir is without a blemish. Generous, humane, obliging, and strictly honest ; a heart open, frank and ardent ; upright in all his dealings ; rigid and austere in his habits; temperate and rational in all his enjoyments; liberal, and free from prejudice upon every subject; kind and affectionate as a husband, a father, and a friend ; anxious to do good and diminish evil. Such a man is Mr. Emmet.
The circumstances attending the death of Mr. Emmet are worthy of notice. Early in November, 1827, he had been much engaged in the defence of lieutenant Percival, on a charge of extortion, and also in a cause of unusual importance, generally called the great Astor case, involving the right of Mr. Astor to lands in Putnam county, to the amount of per- haps 8800,000. In the former case, he defended his client with all his accustomed vigor and ability, and the result was a verdict of acquittal. In the latter, on Monday, the 12th, he
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addressed the jury in a style of animated eloquence, of prompt and overwhelming retort, and of powerful argument, which was said by many of his audience to have even surpassed his earlier efforts. On Wednesday, the 14th, while attending the trial of another cause of importance, (the case of the Sailors' Snug Harbor,) in which he was counsel, in the United States' Circuit Court, he was seized with an apoplectic fit; and, on being carried home, he expired in the course of the following night, being in the 63d year of his age. He had made Ilo exertion, in particular, that day, but had taken notes of the testimony through the morning, and, on examination, these notes were found to be a full and accurate transcript of what occurred up to the very moment when the pen fell from his hand on his being seized with a fit. The scene in the court- room was in the highest degree impressive. Every individual present-the court, the bar, the audience, all were absorbed in the most anxious interest for the fate of this eminent man. The court was instantly adjourned. When his death was known, the expression of sorrow and respect was universal. His funeral was attended by the members of the bar, the stu- dents at law, and a crowd of other citizens, all desirous to pay their tribute of respect to the memory of the great de- ceased. A neat monument of white marble has since been placed in the wall of the apartment where Mr. Emmet was seized with the fatal illness. It is surmounted with his bust, and bears the following inscription :
THOMΠ. ADDIS . EMMET
VIRO
DOCTRINA . IURE . SCIENTIA . ELOQUENTIA
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PROSTANTISSIMO
INTER . HÆC . SUBSELLIA . ET . OFFICII . MUNERA
SUBITA . MORTE . CORREPTO
SOCII . FORENSES . POSUERANT.
* Haines's Memoir.
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WILLIAM FLOYD.
William Floyd was born on the 17th of December, 1731, . and was the son of an opulent and respectable landholder, in the county of Suffolk, upon Long Island. His education, though liberal for the times, was chiefly confined to the useful branches of knowledge; and was hardly completed, when he was called upon, by the death of his father, to assume the management of his patrimonial estate. Ilis early life was spent in the circle of an extensive family connexion, which comprised the most respectable families in the county.
Ile early embarked in the controversy with Great Britain. and was appointed one of the delegates, from New York, to the first continental congress, which met in Philadelphia, in 1774. In that patriotic and venerable assembly, he was as- sociated with men whose names are identified with their country's birth, and will long be cherished in grateful remem- brance.
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