USA > New York > History of the state of New York, political and governmental, Vol. VI > Part 3
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"That this Commonwealth does, under the most deliberate recon- sideration, declare that the said Alien and Sedition laws are, in their opinion, palpable violations of the said Constitution; and, however cheerfully it may be disposed to surrender its opinion to a majority of its sister States in matters of ordinary or doubtful policy, yet in so momentous regulations like the present, which so vitally wound the best rights of the citizen, it would consider a silent acquiescence as highly criminal; That although this Commonwealth, as a party to the Federal compact, will bow to the laws of the Union, yet it does at the same time declare that it will not now, or ever hereafter, cease to oppose in a constitutional manner every attempt, at what quarter so ever offered, to violate that compact.
"And finally, in order that no pretext or arguments may be drawn from a supposed acquiescence, on the part of this Commonwealth, in the constitutionality of those laws, and be thereby used as precedents for similar future violations of the Federal compact, this Common- wealth does now enter against them its solemn protest."
An elaborate and very able "report," written by Madison, in final explication and assertion of the prin- ciples set forth in the resolutions, was adopted by the Virginia Legislature in 1800.
The Kentucky and Virginia resolutions became the basic and permanent creed of the States rights advo- cates. Their authority and arguments were naturally
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POLITICAL AND GOVERNMENTAL HISTORY OF THE STATE OF NEW YORK
[1800
invoked by disunionist theorists and schemers; but on the other hand it is indisputable that by far the greater number of those attached to their principles, both when the resolutions were issued and in subsequent genera- tions, regarded them only as enunciatory of rights which ought to be preserved to the States in full vigor, and as in no way raising a question prejudicial to the Union's integrity. It should be remembered, moreover, that at the period of the adoption of the resolutions much un- certainty was felt as to the development ultimately to be taken by the national political system, that the great work of the Supreme Court in construing the Constitu- tion had not been begun, and that it was habitual with the men of both parties to put forth decidedly aggres- sive deliverances and devote considerable zeal to their composition. An eminent authority says: "The inter- pretation of these documents is not an easy matter, but a careful study of their provisions, in the light of the political thinking of the Eighteenth century and of the circumstances under which they were produced, will indicate that they were not intended to announce the doctrine of State Sovereignty in the sense in which those words were commonly used from the time of Calhoun onward."1
1800
The first assemblage to make national nominations was a conference held by the Federalist Senators and Representatives in Congress early in the year 1800, John
1Andrew C. Mclaughlin, Cyclopedia of American Government, article on Virginia and Kentucky Resolutions.
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1800]
NATIONAL PARTY PLATFORMS
Adams being named for President and Charles C. Pinckney for Vice-President. A few weeks later the Republicans put in nomination, by Congressional caucus, Thomas Jefferson and Aaron Burr as their Presidential and Vice-Presidential candidates. Both meetings were secret, but their decisions were immedi- ately and completely accepted as authoritative by party followers throughout the nation. Thus the new device of party initiative, action, and rule by a body of leaders possessing recognized dignity and competence for the responsibility involved, had an auspicious beginning. It moreover operated with automatic perfection in its control of the men chosen to the Electoral College and therefore charged with the function of throwing the determining votes for President and Vice-President. The Jefferson and Burr ticket received the support of 73 Electors, every one of whom, casting a dual vote as ordered by the Constitution, gave one choice for Jeffer- son and one for Burr in conformity to the dictation of the party caucus. Adams and Pinckney secured 65 Electors, who also (with the exception of a single recalcitrant favoring Adams for first choice but Jay instead of Pinckney for second), faithfully obeyed the party behest in their voting. The total vote, counted first for President, showed a tie between Jefferson and Burr, and the contest was thereupon transferred to the House of Representatives, which, after protracted balloting, chose Jefferson President and Burr Vice- President. In addition to controlling the executive branch of the government, the Republicans for the first time obtained mastery of both houses of Congress. The
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POLITICAL AND GOVERNMENTAL HISTORY OF THE STATE OF NEW YORK
[1800
election of 1800 is famous for its anomalous result of a tie on the highest number of Electoral votes between two men of the same political faith nominated by the same organized body, and also for its complete and lasting reversal of the original party basis of the govern- ment. Not less famous is it for the introduction of the powerful machinery of the caucus to decide national party action and enforce regularity.
The high tide of Burr's fortunes was reached when, by the accident of an equal vote with Jefferson in the Electoral College, he stood before the House of Repre- sentatives as a hopeful contestant for the Presidency. His position, however, was purely technical, with no other merit to sustain it than the mathematical fact of the tie. Everybody knew that it was the intention of But the Electors to award the office to Jefferson.
under the system of procedure in the House which the Constitution prescribed for such an emergency-the balloting to be by States, each State to have one vote, and the votes to be restricted to the two leading candi- dates,-a wide latitude was afforded for those machina- tions of which Burr was so consummate a master. The House, still retaining its preëlection status, had a pre- ponderance of Federalists, who, permitted full liberty of choice as between the tied Republican aspirants, were yet barred from voting for their own candidate, Adams; and moreover some of the Republicans were not disinclined to promote the ambition of Burr. There were at that time sixteen States, and the votes of a majority, nine, were necessary for an election. On the first ballot eight States voted for Jefferson, six
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NATIONAL PARTY PLATFORMS
1800]
for Burr, and two were divided. By every contriving art the Burr forces strove to win in the struggle that followed, but all they could accomplish was to main- tain a balance until the thirty-sixth ballot, when ten States rallied to Jefferson and he was elected.
Burr's part in this contest incensed the great majority of the leading men of his party; and the course of his Federalist abettors, so disregardful of the manifest preference of the country as registered at the election, contributed to the rapid decline of their politica! organization. The net result was the solidification of the dominant party, and its support by the people, to a degree never since paralleled. Jefferson became supreme, and thus was marked the beginning of that "Virginia dynasty" which for the next twenty-four years absolutely ruled the nation. It was a one-party rule, disputed nationally only by the slight competi- tion of the surviving Federalists, though involving much factionalism among the Republicans, especially in the States. Burr was unceremoniously cast out from the Jeffersonian fold; and so doleful was his political lot that, upon seeking a Republican nomination for the Governorship of New York when his Vice-Presidential term was drawing to a close (1804), he was summarily refused and was constrained to make the race on a ticket mainly supported by his old enemies, the Federalists, whose action, however, denounced and derided by their great leader, Alexander Hamilton, did not avail to secure him the election.
The authority of the Congressional caucus, which showed itself so complete at its first application, con-
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POLITICAL AND GOVERNMENTAL HISTORY OF THE STATE OF NEW YORK
[1804
tinued all-powerful until the divisions in the Republi- can organization resulting from personal rivalries in the Presidential contest of 1824 and after, led to the exercise of more popular methods of party direction and expression. To prevent any possible recurrence of the embarrassing situation of 1800 in the matter of elect- ing the President, the Twelfth amendment to the Constitution was adopted (1804), providing for sepa- rate votes on President and Vice-President in the Electoral College. Thus the execution by the Electors of the previously declared party will was assured, sub- ject only to chances of sporadic dissidence not to be foreseen but, it was believed, hardly to be apprehended in view of the expected indisputable sway of the caucus.1
1804
Again in 1804 the caucus functioned without the least accident or incident occurring to mar its supremacy. On February 25 the Republican Senators and Representatives met and unanimously renominated Jefferson for President, with George Clinton (also
1 Historically considered, the origin of the Congressional caucus is unques- tionably to be assigned to the year 1800. In intention, however, the meetings of the Congressional leaders of the two parties in that year were rather spontaneous initial experiments to institute homogeneous political action, than caucuses in the official sense. As the new plan was found to work, it was promptly adopted by the Republicans and became their official mode of pre- paring for Presidential contests. But the Federalist party, lapsing into a hopeless minority, had less occasion for erecting an organic body to pass upon the claims of rival candidates; and its nominees subsequently to 1800 were therefore chosen by processes of agreement which proved satisfactory to its leaders without imitating the caucus formalities of the Republicans.
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NATIONAL PARTY PLATFORMS
1804-8]
unanimously selected) for Vice-President. The Fed- eralists, by agreement but without holding a Congres- sional caucus, chose as their candidates Charles C. Pinckney, of South Carolina, and Rufus King, of New York. Jefferson and Clinton were successful, each receiving 162 Electoral votes against 14 for their opponents.
1808
As Jefferson's second term approached its. comple- tion, the question of selecting his successor was gener- ally felt by the Republicans to be dependent upon the preference of Virginia. The Legislature of that State was expected to signify its choice between James Madi- son and James Monroe, but was unwilling to assume so delicate a responsibility and left the decision to the Congressional caucus. A marked sentiment favorable to George Clinton (at that time serving his first term as Vice-President) prevailed in New York, but the nomination of a Virginian was soon seen to be a fore- gone conclusion. The caucus, on January 23, 1808, named Madison for first place and Clinton for second, each by a very large majority of the members present. We have been unable to find any record of formal proceedings by the Federalists in designating their candidates, who, as in 1804, were Pinckney and King; apparently they adhered to their previous method of agreement without caucus intervention. The Electoral vote was as follows: President :- Madison, 122; Pinckney, 47; Clinton, 6. Vice-President :- Clinton, 113; King, 47; John Langdon, of New Hampshire, 9;
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POLITICAL AND GOVERNMENTAL HISTORY OF THE STATE OF NEW YORK
[1808-12
Madison, 3; Monroe, 3. Several of the Republican Electors voted contrary to the direction of the caucus, a course which they probably would not have taken if the result had been close.
1812
At the Presidential election of 1812 a very curious situation arose, showing the potentialities of independ- ent political enterprise and symptomatic of that ulti- mate dispersion of party followers into conflicting groups under the stress of opposed personal ambitions which came to pass twelve years later. The great and powerful Clintonian element of the Republicans in the State of New York, led by Vice-President George Clinton and his able and imperious nephew, DeWitt Clinton, had urged the nomination of George Clinton instead of Madison to succeed Jefferson in 1808, and had since been preparing to dispute the renomination of Madison in 1812-a design which seemed to hold forth reasonable prospects of success on account of the rather general lack throughout the country of anything more than a perfunctory sentiment for Madison. George Clinton had become of venerable age, and died before the assembling of the Congressional caucus in the latter year. In the plans of the anti-Madisonians to enter the contest for the Presidency, DeWitt Clinton had already been decided on as their candidate. But owing to the emergency of the impending war with Great Britain the movement, so far as the Republican organization officially was concerned, gained no head- way outside of New York; and when the caucus met,
JOHN ADAMS
John Adams, 2d president; born at Baintree, Mass., October 30, 1735; lawyer; elected to represent Boston in the general court in 1768; signed the Declaration of Independence and pro- posed George Washington of Virginia for general of American army; commissioner with Franklin to the court of France; later minister plenipotentiary to Holland; was the first accred- ited minister to England, 1785-88; served as vice president of the United States, 1789-97, with Washington as president; elected president and served 1797-1801; died at Quincy, Mass., July 4, 1826.
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NATIONAL PARTY PLATFORMS
1812]
on May 12, Madison was unanimously renominated- John Langdon, of New Hampshire, receiving a majority of the votes for Vice-President. Langdon declined, and at a later caucus Elbridge Gerry, of Massachusetts, was selected in his stead. Clinton, moved by ambition and encouraged by the ardor of his supporters, resolved to take the field independently, reckoning upon the favor of a large section of the Republicans and the assured endorsement of the Feder- alists, who, having no chance for a candidate of their own, were delighted to facilitate the division in the ranks of their detested enemies. A majority of the Republican members of the New York Legislature formally nominated Clinton for President on May 29; and he was accepted as the choice of the Federalist party at a convention of its leading members from various States held in New York City in September. His associate on the ticket was Jared Ingersoll, of Pennsylvania. This Federalist venture is of historic interest as the first national party experiment in the direction of more popular nominating methods. The convention adopted the celebrated "Clintonian Plat- form," as follows :
"1. Opposition to nominations of Chief-Magistrates by Congres- sional caucuses, as well because such practices are the exercise of undelegated authority as of their repugnance to the freedom of elec- tions.
"2. Opposition to all customs and usages in both the executive and legislative departments which have for their object the main- tenance of an official regency to prescribe tenets of political faith, the line of conduct to be deemed fidelity or recreancy to republican prin-
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POLITICAL AND GOVERNMENTAL HISTORY OF THE STATE OF NEW YORK
[1812
ciples, and to perpetuate in themselves or families the offices of the Federal government.
"3. Opposition to all efforts on the part of particular States to monopolize the principal offices of the government, as well because of their certainty to destroy the harmony which ought to prevail amongst all the constituent parts of the Union, as of their leanings toward a form of oligarchy entirely at variance with the theory of republican government ; and consequently, particular opposition to continuing a citizen of Virginia in the Executive office another term unless she can show that she enjoys a corresponding monopoly of talents and patriot- ism, after she has been honored with the Presidency for twenty out of the twenty-four years of our constitutional existence, and when it is obvious that the practice has arrayed the agricultural against the commercial interests of the country.
"4. Opposition to continuing public men for long periods in offices of delicate trust and weighty responsibility as the reward of public services, to the detriment of all or any particular interest in, or section of, the country ; and consequently to the continuance of Mr. Madison in an office which, in view of our pending difficulties with Great Britain, requires an incumbent of greater decision, energy, and efficiency.
"5. Opposition to the lingering inadequacy of preparations for the war with Great Britain now about to ensue, and to the measure which allows uninterrupted trade with Spain and Portugal, which, as it cannot be carried on under our flag, gives to Great Britain the means of supplying her armies with provisions of which they would otherwise be destitute, and thus affording aid and comfort to our enemy.
"6. Averment of the existing necessity for placing the country in a condition for aggressive action for the conquest of the British Ameri- can provinces and for the defense of our coasts and exposed frontiers ; and of the propriety of such a levy of taxes as will raise the necessary funds for the emergency.
"7. Advocacy of the election of DeWitt Clinton as the surest method of relieving the country from all the evils existing and pros- pective, for the reason that his great talents and inflexible patriotism
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NATIONAL PARTY PLATFORMS
1812]
guarantee a firm and unyielding maintenance of our national sover- eignty and the protection of those commercial interests which were flagging under the weakness and imbecility of the administration."
The reader will observe that this "platform" was practically altogether personal against Madison and on behalf of Clinton, and did not at all touch underlying political questions. It is the unanimous judgment of political writers that in the contest Clinton made no compromise of his Republican principles, a judgment concurred in by his biographers who have had original sources of information concerning his career. The campaign did not in any way involve issues in the respect of being marked by contrasting political ideas or proposals, but was practically limited to a test of personal strength between Madison with the prestige of official power and party regularity, and Clinton with his aggressive individuality and assorted follow- ing. The States of Georgia, Kentucky, Louisiana, North Carolina, Ohio, Pennsylvania, South Carolina, Tennessee, Vermont, and Virginia voted for Madison; those of Connecticut, Delaware, Massachusetts, New Hampshire, New Jersey, New York, and Rhode Island for Clinton; and Maryland was divided-Madison's total being 128 and Clinton's 89. If Clinton had suc- ceeded in carrying Pennsylvania he would have won. For Vice-President, Gerry received 131 votes and Ingersoll 86.
Notwithstanding the preference shown by a consid- erable portion of the Republicans for the Clinton ticket, no cleavage in the party followed. The formidable vote for Clinton represented primarily the Federalists,
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POLITICAL AND GOVERNMENTAL HISTORY OF THE STATE OF NEW YORK
[1812-14
and this was so well understood that a strong party reproach was forthwith attached to him by the Republi- cans nationally, so that he was never afterward able to renew his Presidential pretensions. His subsequent emi- nent career was confined to the State of New York. The seeming resuscitation of Federalist strength proved fictitious. While the Federalist organization did not lack for self-confidence and fully asserted the consistent preservation of its original character and purposes, its course at the election was regarded as incompatible with any affirmative position or serious claims. By opposing the prosecution of the War of 1812, to the extent of open sedition in New England and with hampering efforts elsewhere, the Federalists took the final step, in a long succession of inept, reactionary, and unpopular acts and tendencies, that led to their complete disappearance from the theater of politics.
The Hartford Convention, 1814-15
Notably expressive of the animating spirit and motives of the extreme Federalists, as well as illustra- tive of the reasons for the failure of their party to make any progress toward winning the confidence of the country at large, were the transactions of the historic Hartford (Connecticut) convention. That body met on December 15, 1814, and continued in session until Janu- ary 5, 1815. Exclusively Federalist in its membership, it represented all the States of New England existing at that time (Maine had not yet been admitted to the Union)-the delegates being 12 elected by the Massa- chusetts Legislature, 7 elected by the Connecticut Leg-
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NATIONAL PARTY PLATFORMS
1815]
islature, 4 elected by the Rhode Island Legislature, 2 appointed by local conventions in New Hampshire, and 1 appointed by a local convention in Vermont. The deliberations were private, and all the delegates were pledged to secrecy. A report was published, which briefly set forth the conclusions arrived at but did not disclose the prevailing spirit and tendency of the discus- sions ; and it was commonly believed that the real object was to institute a separate New England federacy if the demands made should not be complied with. The following significant words occurred in the report:
"The number of those [in the other States] who perceive and who are ready to retrace errors must, it is believed, be yet sufficient to redeem the nation. It is necessary to rally and unite them by the assurance that no hostility to the Constitution is meditated, and to obtain their aid in placing it under guardians who alone can save it from destruction. Should this fortunate change be effected, the hope of happiness and honor may once more dispel the surround- ing gloom. Our nation may yet be great, our Union durable. But should this prospect be utterly hopeless, the time will not have been lost which shall have ripened a general sentiment of the necessity of more mighty efforts to rescue from ruin at least some portion of our beloved country."
Resolutions were adopted as follows :
"Resolved, That it be and hereby is recommended to the Legis- latures of the several States represented in this convention, to adopt all such measures as may be necessary effectually to protect the citizens of the said States from the operation and effects of all acts which have been or may be passed by the Congress of the United States which shall contain provisions subjecting the militia or other citizens to forcible drafts, conscriptions, or impressments not author- ized by the Constitution of the United States.
"Resolved, That it be and hereby is recommended to the said Leg-
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POLITICAL AND GOVERNMENTAL HISTORY OF THE STATE OF NEW YORK
[1815
islatures to authorize an immediate application to be made to the government of the United States, requesting their consent to some arrangement whereby the said States may, separately or in concert, be empowered to assume upon themselves the defense of their terri- tory against the enemy, and a reasonable portion of the taxes col- lected within said States may be paid into the respective treasuries thereof and be appropriated to the payment of the balance due said States and to the future defense of the same. The amount so paid into the said treasuries so to be credited, and the disbursements made as aforesaid to be charged, to the United States.
"Resolved, That it be and hereby is recommended to the Legis- latures of the aforesaid States to pass laws (where it has not already been done) authorizing the Governors or commanders-in-chief of their militia to make detachments from the same, or to form volun- tary corps, as shall be most convenient and conformable to their Constitutions, and to cause the same to be well armed, equipped, and held in readiness for service, and upon request of the Governor of either of the other States to employ the whole of such detachment or corps, as well as the regular forces of the State, or such part thereof as may be required and can be spared consistently with the safety of the State, in assisting the State making such request to repel any invasion thereof which shall be made or attempted by the public enemy.
"Resolved, That the following amendments of the Constitution of the United States be recommended to the States represented as aforesaid, to be proposed by them for adoption by the State Legis- latures, and, in such cases as may be deemed expedient, by a conven- tion chosen by the people of each State; and it is further recom- mended that the said States shall persevere in their efforts to obtain such amendments until the same shall be effected :
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