USA > New York > History of the state of New York, political and governmental, Vol. II 1822-1864 > Part 7
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The reaction' of the Legislature to the protective tariff movement of the preceding year was promptly manifested by the introduction and unanimous pass- age by both houses of resolutions urging the Senators and Representatives of New York in Congress to make every proper effort to effect such a revision of the tariff as would afford sufficient protection to the growers of wool, hemp, and flax, and the manufacturers of iron, woolens, and every other article.
Then DeWitt Clinton died. The end of the great man came with startling suddenness. True, his health had been somewhat unsatisfactory for several months, but he had attended to all his public duties as usual and nobody had imagined his condition to be at all serious. On February 11, 1828, he was at his desk in the Gov- ernor's room of the State Capitol and sent in to the Legislature a special message referring to the need of judicial reform in the Court of Common Pleas in New
NATHANIEL PITCHER
[Several substitutes, but no authentic portrait in existence]
Nathaniel Pitcher, 10th governor (1828) ; born in Litch- field, Conn., 1777; early moved to Sandy Hill, Washington county, N. Y .; member of assembly, 1806, 1814-1815 and 1816- 1817; delegate to constitutional convention, 1821; member of congress, 1819-1822, 1831-1833; elected lieutenant governor in 1826; became acting governor on the death of Dewitt Clinton, February 11, 1828 and served until December 31, 1828; died at Sandy Hill, May 25, 1836.
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York City. In the afternoon he returned to his home, sat in his library, wrote the day's entry in his diary, opened and read a few letters, and then, while convers- ing with two of his sons who had entered the room, bowed his head and ceased to breathe.
The next day the Legislature decreed a period of mourning and ordered his funeral to be conducted at the cost of the State. His salary for the remainder of the year, with $10,000 added, was directed to be paid for the benefit of his four minor children.
Thus passed into history one of the greatest men of the State of New York-surely the greatest construct- ive statesman who down to that time had occupied the Governorship. Indeed, as the practical promoter of beneficent public works he stands unsurpassed in the annals of America. Arbitrary and even arrogant at times in manner, cold and brusque, feared rather than loved, often rancorous in controversy, strangely careless of his personal affairs, he did not escape severe censure while living, and cannot after the lapse of many years be held exempt from criticism. Yet three great facts stand salient and impregnable. He created the canal system of New York. In a time of sordid and venal corruption he was honest. In an age when per- sonal morals were too often tarnished with license he remained ever faithful to his marriage vow. The ac- complished historian, DeAlva Stanwood Alexander, has bestowed upon him the epigram, as true as it is deft, "He died poor and pure."
Clinton was succeeded in the duties of his office by the Lieutenant-Governor, Nathaniel Pitcher. But
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Mr. Pitcher did not become or assume to become Gov- ernor. He did not take the oath of office as Governor or sign his name and style as such. In the journal of the State Senate he was called the Lieutenant-Gov- ernor, and in that of the Assembly Acting-Governor. That was in accordance with the example set by John Tayler in 1817-by curious coincidence immediately preceding DeWitt Clinton's first term, as Mr. Pitcher followed his last. Mr. Tayler acted under the old Constitution, but Mr. Pitcher acted under the new one, which provided that in case of the death of the Gov- ernor the powers and duties of the office should de- volve upon the Lieutenant-Governor for the residue of the term. That of course did not mean that he should become Governor, but that he should remain Lieutenant-Governor and serve as Acting-Governor. It will occur to mind that the similar provision of the Constitution of the United States should have been interpreted and acted upon in the same way, as there is no doubt that it was meant to be, and that the five Vice-Presidents who have succeeded to the Presidency on the deaths of so many Presidents should really not have become President at all but should have remained Vice-President and served as Acting-President.
Nathaniel Pitcher was a man of limited education but great intelligence, sound judgment, and strict integ- rity. He had served in the Legislature and as a Representative in Congress. He had been intensely anti-Clintonian in politics, but had maintained friendly personal relations with the late Governor and had through association with him learned to respect him
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even when he did not agree with his policies. He had no special political ambition of his own to serve, and was quite content to conduct the remainder of the administration on very much the same lines that Clin- ton had laid down. One of his first acts was to rec- ommend that a bill be enacted for providing a special public prosecutor to deal with the Morgan case, which was done.
In response to the suggestion contained in Clinton's last message, for the relief of the Court of Common Pleas of New York City, the Legislature provided for the creation of a new tribunal for that city to be known as the Superior Court of Common Pleas, a title which was popularly abbreviated to "Superior Court," and to consist of three Judges. Samuel Jones was made its Chief-Justice, and he accordingly resigned the Chancellorship of the State, from which position he would in any event soon have been retired for age. Josiah O. Hoffman, who had been Attorney-General of the State, and Thomas J. Oakley, then a Representa- tive in Congress, were appointed Associate-Judges. The Chancellorship, vacated by Mr. Jones, was offered to Chief-Justice Savage, of the Supreme Court, who declined it; and it was then offered to and accepted by Reuben H. Walworth, a Judge of the Circuit Court.
Before adjournment three Legislative caucuses were held. One, held by the members favoring the Presi- dential candidacy of Jackson, formally declared him to be its choice, and another, held by the same element, called a State convention to meet on the fourth Wed- nesday of September at Herkimer for the purpose of
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nominating candidates for Governor and Lieutenant- Governor. The Adams party in the Legislature also held a caucus, on the very day of adjournment, which declared in favor of Adams for President and un- sparingly denounced the candidacy of Jackson. The Legislature adjourned on April 21, to reassemble Sep- tember 9. The second session was devoted chiefly to revision of the laws of the State, and on December 10 it adjourned without day.
CHAPTER VI
VAN BUREN AND THROOP
T HE political campaign of 1828, like many others in the history of New York, was marked with double interest. It involved the election of both a Governor and Lieutenant-Governor of the State and a President and Vice-President of the United States. Moreover, the political relations between the Demo- cratic leader of the State and the Democratic candi- date for the Presidency were peculiarly close, so that it was commonly understood that if Jackson were elected President Van Buren would be called: into his cabinet as Secretary of State. But Van Buren also purposed to run for the Governorship of New York. If, then, he was elected Governor and was summoned to the cabinet, he would have to resign after a few weeks of his term and let his administration be com- pleted by the Lieutenant-Governor. For that reason he and his followers took special care in selecting a candidate for the latter office, expecting that its incum- bent would for most of the term be Acting-Governor of the State. Van Buren's plan was obviously to make the office of Secretary of State a stepping-stone to the Presidency, as it had been before-in the cases of Madison, Monroe, and John Quincy Adams.
The followers of Adams were first in the field with
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their nominating convention. Adopting the name of National Republicans they assembled at Utica on July 22, after a preliminary gathering at Albany on June 10 which made no nominations but issued a note- worthy address to the people of the State, written by Gerrit Smith. The delegates from the western part of the State were in favor of Francis Granger for Governor-a brilliant and personally attractive young man, son of President Jefferson's Postmaster-General, who had for two years been a leading member of the Assembly. Although he had not posed as an Anti- Mason he was known to be most favorably regarded by that party, and it was largely for that reason that the western delegates urged his nomination. The delegates from the eastern counties, however, wanted Smith Thompson, an Associate-Justice of the Supreme Court of the United States and a man of far greater experience in public life than Mr. Granger, but not so acceptable, if indeed he was not positively unaccep- table, to the Anti-Masons. There was a keen, close contest in the convention, which ended in the nomina- tion of Thompson for Governor and Granger for Lieutenant-Governor.
This attempt to please both the friends and foes of Freemasonry was not altogether successful. The Anti- Masons declined to accept the National Republican ticket and forthwith held a convention of their own, at which they nominated Francis Granger for Gov- ernor and "Honest John" Crary for Lieutenant-Gov- ernor. Mr. Crary was and had for several years been a Senator from Washington county, and had formerly
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been an Assemblyman. He was a strong supporter of Adams for the Presidency. Mr. Granger promptly declined the Anti-Masonic nomination for Governor, preferring that of the National Republicans for the second place on the ticket, and strong pleas were made to Mr. Crary to decline on the ground that if an Anti- Masonic ticket were run, and the Adams or anti-Jack- son vote were thus divided, the success of Van Buren and the Regency ticket would be practically assured. Mr. Crary had seemed to be impressed by this argu- ment and had promised that he would decline if Mr. Granger would do the same, stipulating, however, that Mr. Granger, as the head of the ticket, should do so first. Mr. Granger did decline, but Mr. Crary did not. Regardless of his promise and of his professed support of Adams, he clung to the place, a course to which he was believed to have been impelled by Van Buren. Then Solomon Southwick was again brought out of the obscurity into which he had fallen, to take Mr. Granger's place as the Anti-Masonic candidate for Governor. After that Mr. Crary was no longer known as "Honest John."
On the Jacksonian side there was no dispute and no uncertainty as to the candidate for Governor. It was settled in advance that Van Buren was the man, and the convention in September had nothing to do but record that fact. This decision was for two rea- sons. One was that Van Buren's personal control of State politics through the Regency was so complete as to assure the doing of anything he desired. The other was that the whole Jacksonian party, from Jack-
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son down, regarded it as necessary if Jackson was to be elected. It was thought, through some strange mis- conception, that the Presidential contest would be close, that its result would depend upon New York, and that Van Buren's candidacy for Governor was essential for carrying the State for Jackson. The result showed this to have been an error. Jackson would have been handsomely elected had the entire vote of New York been cast against him, as he had a clear majority of 95 votes in the Electoral College. But during the cam- paign it was believed that his fate lay in the hands of Van Buren.
We may justly reckon Van Buren to have been at this time at the zenith of his career. It is true he rose to higher place. He became Secretary of State under Jackson, and succeeded Jackson as President of the United States for four years. But he did nothing in either of those offices to enhance the repu- tation and popularity that he had already gained as United States Senator and as the chief leader-in modern parlance, the "Boss"-of the Democratic party in the State of New York. Despite the discredit that fell upon him and the severe criticism that he incurred, Van Buren must be reckoned to have been not only a man of much personal charm and an exceptionally adroit and resourceful political manager, but also a statesman of no mean rank even as a contemporary of Adams and Clay and Webster and Marcy and Wright. He had for seven years been a conspicuous figure in the Senate of the United States, exerting a measurable influence upon every transaction of importance in
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which that body had engaged. He was a national figure of the first magnitude.
To turn for a moment from politics to personalities and social aspects, it is of interest to recall a descrip- tion of Van Buren as he appeared on ceremonious occasions; for example, at church on a Sunday morn- ing in Rochester, when he was visiting that city dur- ing this campaign. It was the late Henry B. Stanton who observed him and who pictured him in his "Ran- dom Recollections." His coat was of snuff-colored broadcloth with a velvet collar, his waistcoat was pearl- colored, and his breeches were of white duck. His silken hose were of the same hue as his waistcoat. His cravat was orange, with lace ends, and his gloves matched it in color. His shoes were of morocco leather, and his high-furred beaver hat was of Quaker drab. To this we may add that his complexion was a brilliant blond, and his manner that of a Beau Brum- mel. Of course, a hundred years ago such attire was as conventional as it would now seem fantastic.
But if Van Buren was "first, and there was no second" in the contest for the Governorship, there was much concern over the choice for the second place on the ticket. Van Buren himself undertook to make the selection, mindful of the need of finding some one who would add all possible strength to the ticket, par- ticularly in the western part of the State where the Anti-Masonic movement was to be reckoned with, and also of securing a candidate who would make an Act- ing-Governor acceptable to the Regency. It was on the quest for such a candidate that he visited Roches-
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ter and other places in the western counties. There he was the guest of his friend Enos T. Throop, who had a home on the shore of Lake Owasco, and to whom he looked as probably the best candidate for the Lieu- tenant-Governorship. Mr. Throop had served in Congress, and had been a close friend and supporter of Governor Tompkins. Under the new Constitution he had been made Circuit Judge of the Seventh cir- cuit, and in that capacity had presided, in January, 1827, over the trial of several persons charged with complicity in the Morgan outrage. They were all convicted of having conspired to kidnap that unfortu- nate man, all but one in fact pleading guilty. Judge Throop was not a Mason, nor was he an Anti-Mason, but was credited by both sides with entire impartiality -a circumstance which invested with all the more force his severe and impressive words in imposing sen- tence upon the criminals. "Your conduct," he said, "has created in the people of this section of the coun- try a strong feeling of virtuous indignation. The court rejoices to witness it, to be made certain that a citizen's person cannot be invaded by lawless violence without its being felt by every individual in the community. It is a blessed spirit, and we do hope that it will not subside, that it will be accompanied by a ceaseless vigi- lance and untiring activity until every actor in the profligate conspiracy is hunted from his hiding-place and brought before the tribunals of his country to receive the punishment merited by his crime."
This utterance greatly commended Judge Throop to all save the most extreme Anti-Masons, and caused
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Van Buren during his visit to enter into an understand- ing with him agreeably to which the Judge was to accept the nomination for Lieutenant-Governor with the prospect that he would become Acting-Governor and receive the support of the Regency for election to a second term. This selection by Van Buren was, how- ever, by no means universally acceptable to his asso- ciates. Nathaniel Pitcher had been a faithful follower of the Regency and had made a satisfactory Acting- Governor, and he not unnaturally thought that he was entitled to a renomination. His friends thought so too, and they numbered some men of importance in the party councils. This fact gave Van Buren much concern, for while he was mistaken in thinking that New York was the pivotal State in the Presidential contest he rightly anticipated a very close result in the Governorship election. Any defection from the party ranks would be disastrous, and even a prolonged and acrimonious contest in the convention would be danger- ous. There was no question of the unanimity with which his own nomination would be made. What was necessary was that the second place on the ticket should be filled with equal unanimity.
Word to that effect was quietly sent out to every political manager in the State. Persuasion, blandish- ments, promises, threats, all were employed with mas- terly skill and complete success. There was probably not one single delegate to the State convention who was not either selected by Van Buren himself or sub- jected to his influence. The result was all that he had desired. Not a single dissenting voice was raised
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at Herkimer. Van Buren and Throop were both nominated by unanimous acclamation, with at least a show of limitless enthusiasm. Nathaniel Pitcher alone was rebellious, and he was not in the convention. He felt himself to be badly treated, and though he essayed no public reprisals he from that day ceased to act with the Democratic party. When in August, some weeks before the convention, John Woodworth had because of age resigned from the bench of the Supreme Court, Mr. Pitcher had promptly acceded to the wishes of the Regency by appointing William L. Marcy to the place. But when a few days before the election Judge Throop resigned his seat on the bench and Mr. Pitcher ap- pointed Daniel Moseley in his place, the Senate refused to act upon the nomination.
The popular campaign of 1828 was one of the most discreditable in the history of the State. Party and personal passions both ran high, to a pitch seldom equalled. Grossly unscrupulous and untruthful at- tacks were made upon both the Presidential candidates, who greatly overshadowed the candidates for Governor in interest. On the one side Van Buren and his friends strove to resurrect the skeletons of Federalism, the Alien and Sedition acts, and other objectionable features of John Adams's administration of thirty years before, and to saddle the odium of them upon John Quincy Adams. On the other hand the Adams campaigners personally reviled and misrepresented Jackson, and even made vile insinuations against the chastity of his wife-in which latter course they overreached them- selves and caused a reaction in Jackson's favor. Van
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Buren had the immense advantage of the aid of several men of exceptional ability and discretion, some of them, indeed, decidedly superior in gifts to himself, though he was always undisputedly their leader. Such were William L. Marcy, Benjamin F. Butler, Samuel A. Talcott, Edwin Croswell, and Benjamin Knower. On the other side there was a sad lack of leadership save for the stalwart figure of young Thurlow Weed. Had Weed's counsel prevailed Van Buren and the Regency would have gone down in disaster, perhaps never to rise again. But on some vital questions he was overruled, and the result was ruin.
The decisive factor in the campaign was the Anti- Masonic third ticket. If Weed's advice had been ac- cepted and a ticket nominated that would have united all the Anti-Masons with the National Republicans, the combination would doubtless have been successful. But the nomination of Justice Thompson, admirable man though he was, lost the support of some, and the devious intrigues of Van Buren increased the dissatis- faction and encouraged the egregious Solomon South- wick to enter upon his fantastic candidacy with the result of drawing enough votes from the National Re- publicans to defeat Thompson and elect Van Buren, and to give Jackson a majority of the Electoral votes of the State. Van Buren received 136,794 votes, Thompson 106,444, and Southwick 33,345, Had Southwick's votes been cast for Thompson the latter would have had 139,789, or a majority of 3,000 over Van Buren. The Presidential Electors, being chosen by districts and not on a general ticket, were divided,
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Jackson securing 18 and Adams 16. Two additional Electors were to be chosen by the Electoral College, and of course these were favorable to Jackson, giving him 20. The vote for Lieutenant-Governor was sub- stantially the same as that for Governor, so that if John Crary had kept his promise and withdrawn, or rather if there had been no Anti-Masonic candidate, Mr. Granger would have been elected and Judge Throop would have been defeated.
The Fifty-second Legislature met in Albany on January 6, 1829. It was under the Regency's control by a safe majority, though its average of ability was probably not as high as that of its predecessor. Erastus Root and other men of first-class ability had not been candidates for reelection, and few men of command- ing talent appeared. The most important acquisition was Millard Fillmore, who was elected to the Assembly from Erie county. It is interesting to recall, as indic- ative of the changes in distribution of population of the State, that in this Legislature the county of Albany had three Assemblymen, which is all it now has in 1921, while Kings had only one member instead of the twenty-three that it now elects. Erie county had only two, the same number as Cortland, while now Erie has eight to Cortland's one. Madison and Mon- roe had three each, while now they have one and five respectively.
Peter Robinson, of Broome county, was elected Speaker of the Assembly, and Mr. Seger was reëlected Clerk. Governor Van Buren's message was long and elaborate and abounded in rhetoric, though it was by
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no means devoid of constructive statesmanship. There was an affectation of humility and a pretense of per- sonal unworthiness for so exalted an office which it was quite certain Van Buren did not feel, and which did not create a good impression even upon his own party followers. Recommendation of the Chenango canal enterprise was offered and was favorably acted on by the Legislature, a circumstance which doubtless explained the choice of Mr. Robinson as Speaker, that canal being of special importance to Broome county.
One of the most important parts of the message re- lated to the banking system. There were then forty banks in the State, the charters of thirty-one of which would expire in a few years. The question arose whether the charters were to be renewed, and on what terms; or if not, what substitute should be made for the banks. It was necessary to have banks, and it was not well to depend entirely upon those chartered by the national government. The idea of a State Bank, owned and managed exclusively by the State as a part of the government, he strongly disapproved, though one in which the State would be merely a private stockholder was to be more favorably regarded. He urged as prompt a determination of the course to be pursued as careful deliberation would permit, and recommended for thoughtful consideration a scheme under which all the banks of the State should be made responsible for whatever losses might be sustained by the public through the failure of any one of them. As a result of his discussion of this subject the Legislature on April 2 enacted the so-called Safety Fund law. This re-
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quired every bank to pay into the State treasury each year a sum equal to one-half of one per cent. of its paid-in capital stock, minus all stock held by the State, until it had thus paid three per cent. on its capital stock. These payments constituted an indemnity fund to be used in discharging the indebtedness of insolvent banks, excepting, of course, on their stock. A board of three Bank Commissioners was also created, one of whom was appointed by the Governor and two by the banks. This change in the banking system may be accounted the chief achievement of Van Buren during his brief career as Governor, although the act in ques- tion was not passed until some time after his retire- ment.
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