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JOHN SAVAGE
John Savage; born, Salem, N. Y. in 1779; graduated from Union college, 1799; lawyer; served in state assembly, 1814; in congress, 1815-1819; United States attorney, 1820; state comptroller, 1821-1823; chief justice of the state supreme court, 1823-1831; assistant United States treasurer in New York City; presidential elector in 1844; died in Utica, N. Y., October 19, 1863.
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THE RETURN OF CLINTON
1824-5]
New York was the decisive State that gave Adams his majority. And it was the vote of Stephen Van Rensselaer that gave the vote of New York to Adams. The "great patroon" had made a President.
So far, in anticipation of the narrative. Let us now return to the third session of the Forty-seventh Legis- lature of New York, in November, 1824. After choos- ing the Presidential Electors it took up the question of revision of the Electoral law, which the Senate had postponed from the regular session. There was some debate, and it was decided to let the people of the State determine, at the next general election in November, 1825, the method by which Electors were to be chosen by them. Three questions were involved: Should Electors be chosen by districts? Should they be chosen on a general State ticket by a plurality vote? Should they be chosen on a general State ticket by a majority vote? The prevailing sentiment of the Leg- islature was in favor of election by districts.
Again to anticipate the narrative, we may note that this subject was recalled to attention in the next Governor's message, January, 1825. The Legislature thereupon took it up and on March 15, 1825, adopted a bill providing for the election of Electors by dis- tricts. In the fall of that year the matter was passed upon by the people at the general election, with the result that the decision of the Legislature was con- firmed. The popular vote stood : For election by dis- tricts, 66,324; for election on a general ticket by a plurality, 56,801 ; for election on a general ticket by a majority, 931. The district system was retained until
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[1824
after the Presidential contest of 1828, when it was abandoned for the method that ever since has prevailed -that of choosing the Electors on a general State ticket by a plurality.
The Forty-seventh Legislature adjourned without day on November 27, 1824, to be succeeded in January, 1825, by the new one that had been elected as the result of the popular revolt against the Albany Regency.
CHAPTER IV CLINTON THE CONQUEROR
D E WITT CLINTON became Governor of New York for his third term, at the beginning of 1825, in such circumstances of personal triumph as few men have enjoyed. He had beaten Tammany Hall. He had beaten the Albany Regency. A man without a party, by the spontaneous uprising of the people he had been made victor over the most thoroughly organized and most formidable party that had thus far appeared in New York politics. And within sight in the very near future was the com- pletion of the gigantic enterprise to which he had given the best work of his life. It was his canal project that made him Governor in 1817, and it was that same work, and the wrath of the people at his removal from it, that made him Governor again in 1825 and thus enabled him to preside in that capacity at the august ceremony of the mingling of the waters.
The Forty-eighth Legislature assembled at Albany on January 4, 1825, with nearly all the members in attendance on the opening day. A substantial majority of the Assembly were supporters of Clinton. Yet, as if with some prescience of his impending reconcilia- tion with his political foes, they elected as Speaker a man who had been identified with the People's party
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and who had been one of Clinton's most bitter oppo- nents. This was Clarkson Crolius, of New York, one of the most prominent business men of the metropolis. Horatio Merchant, another enemy of Clinton, was chosen Clerk. These officers did not, however, con- tinue their enmity to Clinton during the legislative session, but regarded it as ended with the result of the election. It is interesting to recall that Thurlow Weed was a member of this Assembly, from Monroe county. He retired at the end of his term, but served a second term in the Fifty-third Legislature, in 1830, those two terms comprising his entire legislative career. The Lieutenant-Governor, General James Tallmadge, was of course President of the Senate, and the Clerk of that body was John F. Bacon, who had served in that place continuously since 1814 and who remained in it until 1839, a tenure of twenty-five years. Silas Wright remained in the Senate for his second year, and Cadwallader D. Colden entered it from the First dis- trict.
Governor Clinton's message was, like the addresses of his former administrations, long, elaborate, and distinguished for its spirit of progressive and construct- ive statesmanship. There were those who criticised him for devoting it so largely to the subject of canals. In the circumstances, had he not done so he would have had to be either much more or much less than human; and he would, in addition, have slighted what was incomparably the paramount topic of public interest and importance. He discussed the possible further extension of the canal systems of the State and the
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1825]
nation; recommended the creation of a State Board of Public Works; and, in connection with the question of the alleged jurisdiction of the United States govern- ment over canal traffic, suggested the creation of a new tribunal to be charged with determining the respective powers of the national and State governments and with restraining each within its proper limits.
Another topic, which indeed had first place, was that of the publication of the records of private or execu- tive sessions of the Senate. He strongly favored com- plete publicity. With his views the Senate did not entirely agree, but because of his recommendation it did presently make such records more fully public than they had been, and the same course was followed by the Senate of the United States in 1828. On the subject of Presidential Electors he urged a law requir- ing them to be chosen by the people on a general State ticket at a general election-the system that ultimately was adopted (1829). He strongly recommended such extension of the franchise as would establish practically universal male suffrage, and the Legislature adopted an amendment to the Constitution to the proposed effect, which was again adopted by the next Legislature and was finally ratified by the people in the fall of 1826. This was one of the most significant and important changes ever made in the Constitution of the State. With the exception of felons, lunatics, etc., it gave the suffrage to all adult males, subject only to the qualifica- tions of citizenship and six months' residence. It was the greatest of all landmarks on the road from the aristo-oligarchy of early days to the genuine democracy
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of the present time. Another amendment adopted at the same time also made toward the same goal, by pro- viding for popular local election of Justices of the Peace. The Franchise amendment was adopted by the overwhelming popular vote of 127,077 to 3,215.
The Governor recommended further development and improvement of the common school system but deprecated the creation of more colleges, at any rate without ample endowment. He advised an elabora- tion of the census system so as to secure a variety of useful statistics, and in consequence the Legislature provided for decennial censuses with copious statistics. Attention was given to the needs of the penal and charitable institutions of the State. Reform of legis- tive procedure was urged in the respect of confining each bill to one specific subject instead of permitting the inclusion of a congeries of unrelated and incongru- ous matters. Reference was made to the impending election of a United States Senator to succeed Rufus King, whose term was soon to expire, and he urged the desirability of selecting the best man who could be found. The Legislature failed to elect anyone, however, so that at the special session of the Senate in March, 1825, Martin Van Buren was New York's sole representative. But in January, 1826, the next Legis- lature chose Nathan Sanford, who had been appointed a few years before Chancellor of the State to succeed James Kent, the latter having been retired at the con- stitutional age limit ,
The message concluded with an eloquent plea for the subordination of personalities and partisanship to
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the general public good. The Governor referred to the old Council of Appointment as the prolific source of evils in the past, and recalled the fact that he him- self had urged its abolition. Thus political power, formerly wielded by factions and combinations, had in large measure been restored to its authentic source, the great body of the people. That achievement, said Clinton, had dissolved the union between personal interest and political subserviency. The people, ris- ing in the majesty of their power above the debasing trammels of names, had sustained and vindicated a system of disenthralled and independent suffrage. Those were the words of a statesman, and they seemed to be justified by the achievement of the late election, though unhappily they were not to be permanently fulfilled.
The contest over the United States Senatorship began early in the session upon the receipt of a letter from Mr. King stating that because of the increasing bur- den of years he wished to retire to private life and would therefore not be a candidate for reelection. A large part of the Legislature, comprising especially Clinton's friends together with probably a majority of the public, looked upon Ambrose Spencer, lately Chief- Justice of the Supreme Court of the State, as the man best fitted for the succession. But strong opposition to him was developed in the Senate, particularly on the part of the People's party men, and to this opposi- tion the Lieutenant-Governor, General Tallmadge, eagerly and zealously lent himself, probably with the hope of being himself chosen Senator.
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Voting began on February 1, as required by law, and the Assembly by a vote of 77 to 45 nominated Judge Spencer. The Senate scattered its votes among a dozen candidates, giving none a majority. It re- fused by 20 to 11 to agree to the nomination of Spencer, and by similar votes refused to nominate General Tall- madge, Colonel Samuel Young, or John W. Taylor. No nomination was made by the Senate until Febru- ary 25, when by a vote of 18 to 10 it adopted a joint resolution declaring that Albert H. Tracy be chosen Senator. The Assembly refused to concur, on the valid ground that such a method of choosing a Senator was contrary to the law, which required the choice to be made by joint ballot of the two houses. The matter then rested until March 25, when the Senate passed another such joint resolution, inserting the name of James Tallmadge instead of that of Mr. Tracy. The Assembly on April 1 adopted a resolution explicitly refusing, on legal grounds, to concur, and the attempt to elect a Senator was thereupon abandoned. On April 21 the Legislature adjourned without day.
It was on February 9, 1825, that John Quincy Adams, by vote of the House of Representatives, was elected President of the United States. A week later, not waiting until he should be inaugurated, he wrote to DeWitt Clinton tendering him the appointment of Minister to Great Britain. There is no doubt that this was done because of his high appreciation of Clinton's ability and fitness to fill and adorn the posi- tion. It was a flattering offer, and some of the Gov- ernor's best friends urged him to accept. But he cour-
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1825]
teously declined, on the ground that he had lately been elected Governor and therefore owed it to the people of New York to show his devotion to their interests. Doubtless that was his chief reason, and in the absence of any other it probably would have been quite con- trolling. But it is impossible to escape the conclusion that there were two others :- First, that he wanted as Governor of the State to preside at the ceremonies which a few months thence would mark the comple- tion of the Erie canal; and second, that he did not want his political foe, Lieutenant-Governor Tall- madge, to succeed him. In consequence of his de- clination ex-Senator Rufus King a little later received the appointment.
Governor Clinton in his message dwelt upon the desirability of complementing the canal system of the State with a similarly extensive system of improved wagon-roads, and advised that a beginning be made by constructing a State highway from the Hudson River to Lake Erie near and generally parallel with the southern boundary of the State. This proposal was not considered by the Legislature for some time. But it strongly appealed to the public, mass-meetings in furtherance of it were held throughout the South- ern Tier counties, and delegates were sent to a con- vention held at Albany on February 25. This conven- tion addressed an urgent appeal to the Legislature, which responded with the desired action. In conse- quence, just before the end of the session in April, the Governor and Senate created a State Road commission consisting of Nathaniel Pitcher, afterward Lieutenant-
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Governor and Acting-Governor; Jabez D. Hammond, the historian, who had been a State Senator and was later a Regent of the State University; and George Morell, a private citizen, who had been County Clerk of Otsego county and subsequently became United States Judge for the Territory of Michigan. By the creation of this commission was begun the work of building a system of State roads in New York.
In the late spring of 1825 Governor Clinton, who was now one of the foremost figures in the nation, visited Philadelphia and travelled across Pennsylvania to Ohio and southward to Louisville, Kentucky, in- specting canals, roads, and other public works. Every- where he was received with such official and popular attention as seldom before had been given any man.
Finally, November 2, 1825, came the crowning day of Clinton's career. On that day the completion of the Erie canal was formally celebrated. From Buffalo to Albany was placed an unbroken series of cannon, each within hearing distance of the report of the dis- charge of the next. At a given signal the westernmost, at Buffalo, was fired; when its report was heard the next was discharged; and so on across the State to Albany. Two canal-boats, the "Seneca Chief" and "Young Lion of the West," came through from Buffalo to Albany, bearing Governor Clinton, the Canal Com- missioners, and other officials and eminent citizens ; and at Albany they passed from the canal through the final lock into the Hudson River. Philip Hone, then an Alderman of New York (he was elected Mayor the following year), led a committee of eminent citi-
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1825]
zens of New York City and as their spokesman made an address of congratulation to the Governor.
Meantime, what of party politics? The election of Clinton as Governor and the defeat of Crawford for the Presidency had been the severest blow the Albany Regency-or Martin Van Buren personally-ever sus- tained. It was indeed almost fatal. But the "Fox of Kinderhook" was resourceful, and Clinton. was mag- nanimous. Realizing his desperate plight Van Buren soon began cautious and wary overtures for peace and alliance with Clinton, to which Clinton, weary of strife, cordially responded. The special logic of Van Buren's course becomes obvious when we remember that Clin- ton had been the foremost advocate of Andrew Jack- son's nomination for the Presidency. Van Buren was shrewd enough to forecast Jackson's triumph at the next election, and he decided to abandon Crawford and attach himself to the following of "Old Hickory." Of course nothing could conduce to that end more suc- cessfully than by cultivating the friendship of Clinton and, if possible, forming a political alliance with him, as the "original Jackson man" of New York.
Van Buren's first object was to regain control of the Legislature in order to assure the election or reelection of his lieutenants to important State offices, and his own reelection to the United States Senate. Accord- ingly during the summer and fall of 1825 he conducted what afterward came to be known as a "still hunt." He made no open show of seeking to carry the election, but through his trusted agents he did work, secretly, with uncommon zeal. Also, he pursued a masterly
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policy of neutrality in national affairs. Although he had been an ardent supporter of Crawford, and was now preparing as earnestly to support Jackson, he care- fully avoided doing or saying anything that could give the least offense to President Adams and his followers. In this shrewd way, at the very time when, from Octo- ber 26 to November 2, Clinton was making his progress in a canal-boat from Buffalo to Albany, Van Buren was adding the final touches to his campaign, with the result that in the election which then occurred he se- cured a substantial majority of the Legislature.
The Forty-ninth Legislature met on January 3, 1826, under the control of Van Buren and the Regency. Samuel Young was elected Speaker of the Assembly, and Edward Livingston was returned to the office of Clerk of that body, which he had filled in the Forty- fifth, Forty-sixth, and Forty-seventh Legislatures. The Governor's message was again a long and scholarly document. A leading place in it was devoted to the interests of the public school system, for which the generous support of the State was solicited. The establishment of normal schools for the training of teachers was earnestly recommended. One of the re- sults of the Governor's suggestions was an act changing the name of the Free School Society of New York City to the Public School Society, and extending its scope so as to provide for the instruction of all the chil- dren of the city.
The Governor had the inestimable gratification of reporting in his message the successful opening of the Erie canal, and this led him to discuss at length the
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1826]
canal systems that were being developed west of the Allegheny Mountains in the States of the Mississippi valley, which he had lately visited. He renewed his recommendation of the construction of a State road system to begin with a great highway through the Southern Tier counties from the Hudson River to Lake Erie. He also reported that in May, 1825, work had been begun on the new State prison at Sing Sing. A special message followed, on January 14, relative to the cession of land at West Point to the national gov- ernment. He urged the desirability of the State's re- taining civil and criminal jurisdiction over the land thus ceded, a recommendation which was adopted by the Legislature and embodied in the act of cession.
Early in the session the Legislature, as formerly stated, elected the Chancellor, Nathan Sanford, to be United States Senator. That was an excellent choice, and it was made by an almost unanimous vote. It of course created a vacancy in the Chancellorship, to fill which Governor Clinton nominated Samuel Jones, son of the former State Comptroller of the same name. Mr. Jones was a cousin of Mrs. Clinton, but he was probably chosen by the Governor not for that reason but because of his preeminent fitness for the place. The nomination gave Van Buren and the Regency an exceptional opportunity to cultivate friendly relations with Clinton, and under orders, therefore, the Senate promptly confirmed it by a practically unanimous vote. A similar course was pursued when the Governor appointed his friend James McKown to be Recorder of Albany. Colonel Mckown had been the foremost
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speaker at that famous Albany indignation meeting which protested against the removal of Clinton from the Canal commission and had inspired the impassioned denunciation of Van Buren and the Regency that had been embodied in Alfred Conkling's resolutions. Yet his nomination was confirmed by the vote of every Regency Senator.
The official terms of the chief heads of departments expired early in 1826, and under the new Constitution their successors were to be elected by the Legislature. John Van Ness Yates, the Secretary of State, nephew of the former Governor Yates, had identified himself strongly with the People's party and was a vigorous supporter of President Adams's administration, on which accounts the Regency determined to replace him with some one else, while Governor Clinton and his friends felt no interest in retaining him in office. His place was accordingly given to Azariah C. Flagg, who had been one of the leaders of the Regency in the Legislature. Similarly Dr. Gamaliel H. Barstow was relieved of the State Treasurership and succeeded by Abraham Keyser, a staunch Regency man who had been Treasurer for three months a year before, filling the vacancy caused by the retirement of Benjamin Knower. William L. Marcy was reelected Comptrol- ler, Samuel A. Talcott Attorney-General, Alexander M. Muir Commissary-General, and Simeon DeWitt State Surveyor, all by practically unanimous votes. They were without exception members of the Regency, and had shown themselves upright and capable officials.
A sensational incident of the session developed on the
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1826]
first day, when Jasper Ward, a Senator from the First district, addressed a communication to the Senate, with a great show of indignation, on a matter of the high- est personal privilege. He set forth that certain news- papers in New York had accused him of corrupt prac- tices in connection with the passage of acts incorporat- ing two insurance companies, and demanded, for the honor of the Senate and in justice to himself,. that the Senate make an official investigation of the matter. A special committee was thereupon appointed which in due time made an astounding report of bribery and corruption, picturing Ward in a far worse light than the newspapers had. Resolutions were forthwith in- troduced declaring that Ward's acts had been "a viola- tion of his duties as a Senator, affording a pernicious and dangerous example tending to corrupt the public morals and to impair the public confidence in the integ- rity of the Legislature," and summarily expelling him from the Senate. Before these could be passed, as they doubtless would have been by an overwhelming vote, Ward resigned his seat.
The Road Commissioners reported a route and plans for a road through the southern part of the State, from the Hudson River to Lake Erie. It was to be about four hundred miles long, and macadamized would cost $2,000 a mile. To this beneficent project, however, resolute opposition arose, not on partisan so much as on sectional or local grounds. Representatives of coun- ties traversed by or adjacent to the Erie canal appeared to be jealous of any other route of traffic, or apprehen- sive lest the construction of the proposed road should
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militate against the prosperity of the great waterway. At any rate they persistently refused to sanction the highway scheme and ultimately secured, by the close vote of 50 to 48, its indefinite postponement. It was an interesting sequel that, largely because of the fail- ure to construct the State highway, the Erie Railroad years afterward was built over substantially the same route, to be an immeasurably more formidable rival of the canal than the wagon-road could ever have been.
The Forty-ninth Legislature adjourned without day on April 18, and political interest then turned to the approaching campaign for the Governorship. Van Buren had practically promised Clinton that if he would cooperate with the Regency in various matters of State politics his ambition for renomination and reëlection would not be opposed; and Clinton appar- ently depended upon that promise and assumed that there would be no contest for the Governorship. Dur- ing the summer he and Van Buren frequently met and were at least outwardly on the best of terms. They were popularly regarded as having become political allies. There had been no thought of making nomina- tions by Legislative caucus as formerly, but all looked to a choice by popular conventions.
A State convention of the supporters of Clinton's administration was held at Utica on September 21, with a large and representative attendance of delegates from all parts of the State. DeWitt Clinton was unani- mously renominated for Governor, but not one voice was raised in favor of the Lieutenant-Governor, James Tallmadge; and Henry Huntington, president of the
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