USA > New York > A short history of New York State > Part 14
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The Federalist minority at the Poughkeepsie Convention had the ad- vantage of striving for a definite goal, whereas their opponents were forced to take a purely negative position. Indeed, some of them, ap- parently including Governor Clinton, were willing to ratify the Con- stitution if certain amendments were added. On June 21 New Hampshire became the ninth state to ratify, and the future of the new national government was assured. At 2 A.M. on July 2 news reached New York City that Virginia had approved and a jubilant day-long celebration began at dawn. Feelings ran high and there was talk that the southern section of the state would secede if the Constitution were not ratified. On July 4 a riot took place in Albany between Federalists and Anti- Federalists; one person was killed and eighteen wounded. By this time New Yorkers who did not wish to ratify the Constitution realized that their cause was lost. Since all states bordering on New York had accepted the Constitution, New York would have been hemmed in by a powerful and not too friendly union, which certainly would not hesitate to place commercial restrictions against it. The only real issue remaining was whether the Constitution would be approved with or without amend- ments.
On July 26 the Poughkeepsie Convention voted thirty to twenty-seven for ratification "in full confidence" that the other states would endorse the amendments submitted by New York. All delegates from counties north of Orange and Dutchess voted against ratification, whereas all but one of the delegates from counties south of Orange and Dutchess voted for it. The argument of the Anti-Federalists were not entirely in vain, because a bill of rights which contained most of the provisions called for by Melancton Smith and other Clintonians was later appended to the Constitution. New York cannot claim exclusive credit for its enactment because strong sentiment in favor of it was shown in other states during the debate over ratification.
George Clinton's opposition to the Constitution focused national at- tention upon him. It also made the Federalists in New York determined to defeat him for governor in 1789. Although Clinton had avoided
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splintering his party on the question of ratification by refusing to make it a party issue, the Clintonians suffered for their unfriendly attitude toward the Constitution, which was continuing to grow in popularity. The Federalists tried to divide Clintonian forces by nominating Robert Yates for governor. Yates had voted against the Constitution at Pough- keepsie but subsequently urged all men to rally to its support. Despite these maneuvers George Clinton was re-elected by a narrow margin for a fifth term. Control of the Assembly passed into the hands of the Federalists, but the Senate remained under the control of the governor's party.
George Washington was inaugurated as first president on April 30, 1789, at Federal Hall, at the intersection of Wall and Broad Streets in New York City. Under his administration Alexander Hamilton dispensed patronage with an eye to strengthening the Federalist party. Hamilton himself became secretary of the treasury; John Jay, chief justice of the Supreme Court; Richard Harison, United States district attorney; and James Duane, district judge. All were unusual men, New Yorkers, and zealous Federalists. Clinton retaliated by using state patronage for his own party. Strangely enough, Hamilton did not secure an important post for the politically powerful Livingston family, which had been staunchly Federalist. When Robert R. Livingston differed with Hamilton's financial plans, the Livingstons went over to the Clintonians in 1790. Of more lasting significance was the governor's decision in this year to retain his nephew, De Witt Clinton, as his personal secretary, starting De Witt on his own political career.
In an effort to unseat George Clinton, the Federalists put up John Jay for governor in 1792. Jay had a long and honorable record of service in both the state and federal governments. He was the principal author of the New York Constitution of 1777. With John Adams and Benjamin Franklin he had negotiated the Treaty of Paris ending the Revolutionary War. Even in the distinguished company at Paris, Jay was outstanding, for it was he who proposed that the American envoys deal directly with Great Britain and disregard their instructions that no agreements should be made without the knowledge and concurrence of France. This step resulted in a treaty much more favorable to the American states than had been expected. In recognition of his talent, Washington in 1789 selected Jay to be the first chief justice of the United States.
The campaign of 1792 was marred by bitter charges and counter- charges. The Federalists attacked Clinton for favoring his friends with . offices and for granting large tracts of state land to speculators at low prices. The backers of Clinton charged that Jay was the captive of the aristocracy and would subvert the principles of republican government. Clinton won the election but only under a cloud of scandal. The Anti-
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Federalists on the board of election canvassers invalidated the ballots of Otsego, Tioga, and Clinton counties on tenuous technicalities. In each case it was charged that the ballots were delivered improperly to the secretary of state. Had the votes of these counties been tallied, it is certain that Jay would have been elected. Since there was no question of the regularity of the election, the identity of the ballot boxes, or their contents, it is clear that the will of the voters was ignored. Even Thomas Jefferson was moved to comment that the Clintonians had acted dishonorably.
Fortunately, Jay refused to excite himself over this bad treatment and calmed some of his more ardent backers who were threatening violence. The Clinton forces, stung by charges of fraud, struck back by attempting to impeach Judge William Cooper on the charge that he had used illegal means to obtain votes for Jay in Otsego County. Although a grand jury had already dismissed similar charges, the Assembly under- took an investigation. Unquestionably the judge had campaigned vig- orously and, perhaps, overbearingly, for Jay, but the evidence which was presented fell far short of proving him guilty of improper conduct. The Clintonian Assembly failed to take any action against him, and, when the Federalists captured the majority of the legislature in 1794, the charges were dismissed as "frivolous and vexatious."
Meanwhile, the outbreak of the French Revolution intensified political controversies in New York. George Clinton and his followers hailed with enthusiasm the fall of the French monarchy and the establishment of the Republic. The slogan of the French revolutionists, "liberty, equality, fraternity," revived the democratic fervor of 1776. When trouble de- veloped between Great Britain and France, the French sent Edmond Charles Genêt to the United States to recruit American aid. The Federalist-controlled national government showed him little sympathy. Fearing to return home, Genêt settled in New York City. The Clintonians were charmed by the Frenchman-who married the governor's nineteen- year-old daughter, Cornelia. Genêt ultimately became a successful gentle- man farmer; whose scientific dabblings included experiments in aerial navigation. His marriage quickened George Clinton's interest in France, and with most other Anti-Federalists, Clinton became a strong supporter of France in her struggle with the British. This point of view was held by many New Yorkers who were irritated by the British policy of seizing seamen from American vessels for impressment into the Royal Navy and by the British refusal to evacuate Niagara and the other western forts in compliance with the Treaty of Paris.
The Federalists favored the cause of Great Britain over France. They looked with suspicion upon the pronouncements of the Rights of Man and were horrified by the Reign of Terror. Furthermore, they realized
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that if the United States became involved in war with Great Britain foreign trade would suffer severely. Hamilton and his associates insisted on peace with Britain because war would destroy revenues from imports and thus jeopardize Hamilton's national financial program. Eager to re- lieve the tension between the United States and Great Britain, President Washington in 1794 appointed Jay to negotiate a treaty between the two. Jay knew full well that no man could perform the task "without making himself unpopular and odious." His job was made almost impossible by Hamilton, who confided to the British minister that the United States would not join other nations in strong action against Britain no matter what attitude the British took. As a result, Jay was unable to win trade concessions in the British West Indies, a matter of great importance to New York, nor could he persuade the British to discontinue impress- ment. He did succeed, however, in getting them to evacuate the fur posts along the western border.
In 1795 Clinton wisely refused to run again for governor. Hamilton and the Federalists nominated Jay while he was still in London negotiat- ing with the British. Jay won handsomely over Robert Yates, who had returned to the Anti-Federalist ranks. The day after his formal instal- lation as governor, the text of the Jay Treaty was printed. A storm of abuse fell upon the governor, who, however, remained calm and con- fident. Angry mobs denounced Jay and stoned Hamilton, who defended the treaty in a public meeting. Despite this bad beginning John Jay and the Federalists ruled New York competently until 1801. Jay was an able and conscientious governor who made many excellent appointments. His opponents could find little to criticize in his administration, but they could fasten upon him some of the mistakes committed by the Federalists in charge of the national government.
The Republicans-for so the Anti-Federalists came to be called- worked hard to strengthen their party, under the leadership of Aaron Burr and De Witt Clinton. They helped transform the Tammany Society from a social and benevolent organization into an efficient political machine. In 1797, De Witt Clinton ran for the Assembly in New York County, long a Federalist stronghold. His victory marked the beginning of Manhattan's century-long allegiance to the party of Jeffer- son. The Republicans, however, were not successful in their attempt to defeat Jay in 1798. When President John Adams attempted to reach a friendly understanding with France, the American delegates were asked for a bribe as the price for opening negotiations. This scandalous event, known as the XYZ Affair, turned New Yorkers against the French and against the Republicans who were sympathetic to them. Chancellor Robert Livingston, who ran on the Republican ticket, was roundly beaten by Jay.
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The victorious Federalists soon came to grief. Hamilton, eager for an opportunity to win personal military glory in a war with France, was astonished and incensed when President Adams named a commission in 1799 to make an agreement with Talleyrand. The split between Adams and Hamilton practically guaranteed the defeat of their party in the approaching election. In 1798 the Federalists forced the adoption of the Alien and Sedition Acts, which among other things made it a crime to organize for the purpose of opposing the legal acts of the federal govern- ment or to direct malicious writing against the President and Congress. The Republicans saw in the laws not only a threat to liberty but an opportunity to embarrass their political rivals. On the national scene, Thomas Jefferson and James Madison effectively denounced the acts in the Kentucky and Virginia Resolutions. In New York, Jay and Hamilton defended the laws without much success against Erastus Root, who was at the beginning of his long and brilliant career as a radical Republican, during which he used the floor of the Assembly as his sounding board. Meanwhile Jedediah Peck, a flaming Republican from Otsego County, was circulating a strongly worded petition calling for the repeal of the Alien and Sedition Acts. At the request of Judge William Cooper, a United States marshall arrested Peck and carried him off to New York City to await trial, on the grounds that the circulation of the petition violated the Sedition Act. This manhandling of a popular leader and Revolutionary War veteran shocked the people and demonstrated the awesome scope of the Sedition Act. The Federalists, realizing their error, released Peck, but public reaction could not be stayed.
The presidential election of 1800 was of unusual interest to New York because the state's electoral votes, as expected, determined the new president. Since, at that time, the state legislature chose presidential electors, both parties knew that it was essential to capture the state government. Aaron Burr persuaded George Clinton to come out of re- tirement and to run for the Assembly on a slate studded with the names of unusually able men. Upstate, Jedediah Peck, Erastus Root, and other politicians labored equally hard for a Republican legislature. Their ac- tivities, combined with the mistakes of the Federalists, nullified Hamil- ton's strenuous efforts, and the Republicans won.
The election of Thomas Jefferson to the presidency now seemed a certainty. Hamilton, seeking to deprive Jefferson of the honor, urged Governor Jay to call a special session of the old legislature, which was safely in Federalist hands, and have it change the method of choosing presidential electors before the newly elected legislators took office. He advised Jay not to hesitate from "the taking of a legal and constitutional step to prevent an atheist in religion and a fanatic in politics, from getting possession of the helm of state." Although the memory of the
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"steal of 1792" must have tempted him to seek revenge upon his enemies and although he had a grave distrust of Jefferson, Jay declined to sub- vert the will of the people.
As a result of the victory of their party in New York, the Republican congressional caucus decided to nominate a citizen of that state for the vice-presidency and sent Commodore James Nicholson to canvass the sentiments of the local party leaders. Nicholson persuaded Clinton to accept the post on condition that he could resign if elected. Burr's friends heard of the mission and succeeded in getting Nicholson to change his mind and recommend Burr. Probably this action irked Clinton but noth- ing came of it at the time.
When the electoral college voted, it was discovered that the Republican electors had each cast one vote for Jefferson and one for Burr. Since the Constitution provided for no distinction between ballots for president and vice-president, Jefferson and Burr were tied. Therefore, the election went to the Federalist-controlled House of Representatives. Although it was well understood that he was the vice-presidential candidate, Burr attempted to win the presidency by courting the Federalists. He might have succeeded had not Hamilton used his influence to support Jefferson as the lesser of two evils.
The Republican tide was running strong, and in 1801 George Clinton was elected to his seventh term as governor and his party captured the legislature. The Federalists, attacked on the national scene for the Alien and Sedition Acts and on the state scene for the imposition of a tax on land, rapidly lost their political power. John Jay, the only Federalist ever to win the governorship, retired to his estate to study soils, stock breeding, and varieties of melons. President Jefferson took care to culti- vate George Clinton and to strengthen Republican unity. Aaron Burr was purged from the party because of his efforts to steal the presidency.
During the eventful years between 1783 and 1801 New York made many gains in the political realm even as its merchants were winning great commercial triumphs and its farmers were conquering the wilder- ness. Except for Virginia and possibly Massachusetts, no other state produced such an able group of political leaders. Hamilton throughout the period was the outstanding Federalist spokesman in the country. Jay was an honest and capable governor, whose self-restraint and in- tegrity in 1792 and again in 1800 furnished a model of intelligent conservatism.
George Clinton, however, enjoyed the greatest and most devoted fol- lowing of any political leader in New York. He embodied the radical republicanism and democratic ferment which Hamilton feared and dis- trusted. The farmers and workmen of New York trusted Clinton for his integrity and his essential democracy. But Clinton's influence did not
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go very far beyond the borders of New York, largely because he had little skill with the pen. Had he possessed Jefferson's ability to turn a phrase and to express democratic principles in felicitous language, he might have won the presidency. Nevertheless, considering the strength of the conservative tradition and the abilities of his political opponents in New York, his election to seven terms as governor was a remarkable achievement.
Victory in the War of Independence did not automatically result in political democracy. Probably the greatest contribution of the party of Jefferson and Clinton was its education of the citizens in democratic principles. Even before Jefferson took the oath of office, Jedediah Peck was agitating in the state legislature for the direct election of presidential electors, aid to the public schools, the abolition of imprisonment for debt, and the emancipation of slaves. Democracy cannot be achieved unless it is understood by the citizenry. In 1801 New Yorkers were beginning to awaken to its full implications.
Chapter 12
The Rise of the Democratic Commonwealth, 1801-1825
I cannot but think that the considerate men who have studied the history of republics, or are read in lessons of experience, must look with concern upon our apparent disposition to vi- brate from a well balanced government, to the extremes of democratic doctrines .- CHANCELLOR JAMES KENT, 1821
THE period from 1801 to 1825 was one of violent political controversy, largely between factions of the Jeffersonian Republicans. Since the campaigns were fought by rival groups all professing to be disciples of Jefferson, the liberal philosophy of that great leader was brought actively to the attention of New Yorkers. Slowly his thinking penetrated the minds of the citizens and influenced their action. In 1822 it resulted in universal manhood suffrage. In a sense the liberal principles of the Revolution came to fruition in this era.
The bitter rivalry between the various political factions, whose leader- ship changed with almost bewildering rapidity, was not without its costs. In the fierce electioneering, unwarranted assaults on the character of various leaders not only broke up old friendships but lowered the effectiveness of many able men as political instruments. Even humble and faithful servants of the state were removed from minor posts after years of service for political expediency. The intraparty struggles cost the state dearly in national leadership and prestige. During this quarter century New York had four great leaders in George Clinton, Aaron Burr, De Witt Clinton, and Daniel D. Tompkins, any one of whom might have become president had it not been for the internecine warfare within the Republican party in New York.
The Council of Appointments, established under the Constitution of 1777, was responsible for many political quarrels. This agency was com- posed of one senator from each of the four senatorial districts, elected
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each year by the Assembly. The constitution did not define clearly the powers of the governor who presided over the Council. George Clinton, however, acted on the assumption that as governor he had the sole right to make nominations and in the case of a tie to cast the deciding vote. Clinton was a keen judge of men and in general made excellent ap- pointments, frequently from among members of the Federalist group. The Federalists in 1794 got control of the Council and insisted upon making their own nominations, overriding Governor Clinton's vigorous objections. The issue died down in 1795 when the Federalist John Jay became governor. The Federalists frankly endorsed the spoils system and filled public offices with their supporters. The controversy was re- vived in 1801 when the Republicans regained control of the Council and challenged Jay's power to nominate. Neither party apparently had any qualms about reversing its position on this issue.
The legislature called for a constitutional convention, which, in 1801, met in Albany to decide who should exercise the power to nominate. It was here that Daniel D. Tompkins, who was later to become governor of New York and vice-president of the United States, made his first major appearance in public life. Also present were De Witt Clinton, who currently dominated the Council of Appointment, and Aaron Burr, the vice-president of the United States, who was elected president of the . convention. Tompkins held that the governor had the power to nominate. He was opposed by Clinton, who argued that all members of the Council held the power concurrently. De Witt Clinton and his supporters won the day. It was a most unfortunate decision. No longer could the gov- ernor be held responsible for appointments. Safely concealed in the anonymity of the Council, political hucksters dispensed government jobs without regard for the qualifications of the appointee. In 1818 par- ticularly outrageous removals were made and some fifteen thousand offices were dispensed without any public check. The Republicans thus greatly enlarged the spoils system begun by the Federalists.
At the turn of the century De Witt Clinton was emerging as a Re- publican leader, partly because George Clinton was aging but mostly because he used the Council of Appointments to build up a political machine. His main objective in 1801-1802 was to weaken the power of Aaron Burr, who was his chief rival for party leadership. Clinton refused to appoint any of Burr's henchmen to office. Soon the bitterest of charges and countercharges were hurled between the two factions. John Swart- wout angrily proclaimed that Clinton desired to destroy Burr merely for the purpose of furthering his own interests. Clinton replied that Swartwout was "a liar, a scoundrel and a villain." The outcome was a duel. Swartwout was shot twice in the leg and Clinton escaped with a ball through his coat.
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In 1802 De Witt Clinton was elected to the United States Senate, but he resigned a year later to accept appointment as mayor of New York City. Seemingly, Burr had been routed, but the more the Republicans attacked Burr the more acceptable he appeared to some Federalists. Burr determined to capitalize on Federalist support and secured a nomination for the governorship. The Clintonians selected the amiable Morgan Lewis as their candidate. The campaign descended to depths of scurrility not seen since the time of the Revolution. The Republicans exposed Burr's questionable private life, while the Burrites accused the Livingstons and Clintons of packing state offices with their relatives. Hamilton refused to back Burr, whom he regarded as completely un- principled. Consequently, Burr failed to obtain the full Federalist sup- port he had expected and lost the election by the wide margin of over nine thousand votes.
Once again Hamilton had blocked the hopes of Aaron Burr. The embittered Burr determined to destroy his old enemy. He charged that Hamilton had maligned him to a Dr. Cooper in Albany, an accusation which Hamilton declined to acknowledge or deny on the ground that he could not be responsible for the remarks of third parties. Burr in- sisted on forcing the issue and Hamilton felt compelled to accept a challenge to duel. The two met on July 11, 1804, on a field in Weehawken, New Jersey. They faced each other at a distance of ten paces. When the command was given, Burr shot instantly. Hamilton fell forward, firing into the ground. The forty-seven-year-old Hamilton died in agony some thirty-one hours later. Morgan Lewis probably reflected the common sentiment when he referred to Burr as "the damned reptile." So great was the public reaction that Burr's political future was ruined.
Governor Lewis entered office in 1804 with an impressive popular majority and with the Republicans in control of the legislature and the Council of Appointments. Lewis, however, made many unfortunate ap- pointments and affronted De Witt Clinton by approving a charter for the Merchant's Bank in New York City. Since Clinton's family controlled the Manhattan Company his opposition to the establishment of a rival institution is understood easily. The breach widened into active op- position between the Clintonians and the Lewis-Livingston faction, who came to be known as Lewisites or Quids.
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