The bench and bar of New-York. Containing biographical sketches of eminent judges, and lawyers of the New-York bar, incidents of the important trials in which they were engaged, and anecdotes connected with their professional, political and judicial career, Part 26

Author: Proctor, L. B. (Lucien Brock), 1830-1900. cn
Publication date: 1870
Publisher: New York, Diossy & company
Number of Pages: 812


USA > New York > The bench and bar of New-York. Containing biographical sketches of eminent judges, and lawyers of the New-York bar, incidents of the important trials in which they were engaged, and anecdotes connected with their professional, political and judicial career > Part 26


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warm and intimate friendship commenced between them, which ended only with the death of "the old man eloquent." It was, therefore, a pleasure to him, by this appointment, to recognize the eminent legal abilities, profound learning, and purity of character, of his friend from New York.


After serving many years as district judge, win- ning the admiration and confidence of the bar and the public ; after serving his country as minister to a foreign nation, Judge Conkling has retired to that quiet and repose which his life and services so well merit.


So strong was the popular feeling in favor of Mr. Clinton, that in August, 1824, he was nominated for governor. To strengthen him in the western counties, Mr. Spencer was urged to accept the nomination for Senator from the eighth senatorial district. He con- sented, and both Spencer and Clinton were elected ; the latter by a majority so large that, in the facetious language of Dudley Marvin, " he got a larger ma- jority than he would had he ran alone." Once more John C. Spencer became a member of the State Legis- lature.


As a member of the Court for the Correction of Errors, his legal learning was now exercised judici- ally, and for four years his opinions pronounced in that court enriched its reports.


Among the eminent men elected to the Senate in the fall of 1824, was Heman J. Redfield, who is now nearly the sole survivor of all the members of the forty-eighth Senate. His recollection of his compeers, and all the events of his active professional and politi- cal life is fresh ; as he wields a ready and able pen, his description of those days contributed for the va- rious journals of the State, are replete with interest and information. He was an early and an intimate friend of Mr. Spencer.


General Talmadge was elected lieutenant governor by the Clintonians; but the session of 1825 had


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. hardly commenced, when it became apparent that he, with several of the senators, had become hostile to Mr. Clinton, and determined to thwart all his schemes. This rendered the position of Mr. Spencer in the Senate a fortunate circumstance for the governor ; it greatly complicated the labor and re- sponsibility of the former; but his experience, his skill in all parliamentary proceedings, his cool delib- eration, his sleepless vigilance, enabled him to neu- tralize, and often defeat the machinations of the hos- tile lieutenant-governor and his friends.


It is related, that for some time after the opening of the Legislature, General Talmadge and his friends were engaged in preparing a pamphlet in which Mr. Clinton and his friends were bitterly attacked. It was written with that ingenuity and plausibility, which, to say the least, would have rendered it an unwelcome, if not a dangerous affair; but before it was ready for distribution, Mr. Spencer by some means became aware of its existence, and he ob- tained a copy of it. To the astonishment of Tal- madge, who believed the forthcoming document to be a profound secret, a pamphlet written by the powerful pen of Mr. Spencer appeared before the public. It comptetely outflanked the position of his opponents, and yet it developed nothing which indicated any knowledge of the existence of their engine of attack. Never was there a more complete, or a more skillful refutation than in this instance.


Nothing could exceed the chagrin and indignation of Talmadge when he read Spencer's article. The general was a constant talker ; and he never ceased to openly denounce Clinton, and those who sustained him.


"I regard De Witt Clinton," said he, the next morning after the appearance of the pamphlet; "I regard De Witt Clinton as a very dangerous man, whose ambition is more to be feared than Burr's ever was; but he cannot be compared to that dark, de-


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signing, ever-plotting Spencer. Why," he continued warmly, "he has the faculty of a magician, joined to all that makes up the character of a Catiline."


The term of service of Rufus King, a senator in Congress, was drawing to a close. Owing to his age, he could not be re-elected. Prominent among those who were named as his successor, was Ambrose Spen- cer, who since the adoption of the Constitution of 1821, had remained the firm and powerful friend of Mr. Clinton. This brought that eminent personage again before the public.


The first day of February, 1825, was the day fixed by law for the choice of United States senator. On that day an animated contest took place in the Legis- lature. In the Senate Judge Spencer received the largest number of votes of any one candidate ; and a resolution was offered declaring him duly nominated on the part of the Senate ; but through the machina- tions of General Talmadge, the resolution was lost, and that body adjourned.


In the Assembly he received a vote of seventy- seven to forty-five, and he was declared duly nomi- nated. But as the Senate had adjourned without presenting a candidate, no choice for senator was made. This contest was deepened and intensified by the singular presidential canvass which then had com- menced throughout the nation.


No senator having been elected during this session, the State of New York was represented in the United States Senate, by Martin Van Buren alone, until Feb- ruary, 1826, when Nathan Sandford was unanimously chosen by the Legislature as the successor of Rufus King.


Mr. Sandford had been appointed chancellor of the State in 1823, as the successor of the illustrious Kent, who had become disqualified from holding the office by age. Though it was the fortune of Chancellor Sandford to succeed one of the most eminent and learned jurists in the nation, he brought to the office


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much judicial ability ; he had all the technical learn- ing of the bar, where he was conspicuous for his talents, and accustomed to a strict adherence to the technical rules of his own practice. Yet, like Lord Mansfield, he was averse from suffering justice to be entangled in a net of forms; and therefore beheld, in the Court of Chancery, something more than a gigantic compromise. A diligent search through the equity reports of his time will convince the reader of Chan- cellor Sandford's inherent love of justice, his patience, his learning, and his perfect appreciation of equity "as a system which is equal, just and good, mitigat- ing or moderating the rigors of the common law, where every matter that happens inconsistent with the design of the legislator, or is contrary to natural justice, may find relief ;" and therefore he was, in many respects, qualified to succeed "New York's great chancellor."


Mr. Spencer participated in all the contests of the session of 1825. Between his senatorial and profes- sional duties, he was never subjected to more severe and ardent labor than at this period. The Senate adjourned on the 21st of April, 1826, and he was re- lieved, for a time, of his legislative duties.


About this time an instance occurred, which gave Mr. Spencer additional popularity as a lawyer. For a long time the title of the Holland Land Company to the land in several of the western counties had been involved in some doubt, although really no original title in the State is clearer. After the courts, in sev- eral closely-contested suits, at different times, had decided in favor of the company, sustaining their title, the disaffected parties thought proper to bring the subject before the Legislature, which they did in the winter of 1837. A majority of the committee to whom the subject was referred submitted a report favorable to the petitioners. A minority report, drawn by Mr. Spencer, counsel for the company, was also


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submitted. That report alone characterizes him as one of the most learned and gifted lawyers of his day.


It was a case which his mind was properly quali- fied to analyze. He dissipated all doubts that ser- rounded the claim of title. He applied to every technical point a knowledge of the law, which ren- dered them plain and clear. Finally, it was perfectly conclusive. All further litigation was arrested-all further legislative action ceased. It quieted the ap- prehension and doubts of all. It was widely circu- lated and generally read, gaining for its author the gratitude of all concerned in this great question.


In the autumn of 1826 Mr. Clinton was again elected governor, and he entered on an administra- tion which indicated power and prosperity. Nathaniel Pitcher was elected lieutenant-governor, and Clinton was saved from the hostility of General Talmadge in the senate.


The Legislature of 1826 was not characterized by so much partizan strife as its predecessor, though many of its acts were of the most vital importance to posterity.


On the 4th of February Mr. Spencer, as the chair- man of the Committee on Literature and Education, made his celebrated report on that part of the gov- ernor's message which related to common schools ; and he also reported a bill to increase the common school fund, to promote the education of teachers, and to regulate their appointment. This remarkable report presented many didactic expositions of the wants of the great cause of education, and the in- terest it holds to human progress. It still remains an enduring monument of well-directed zeal in the public service-of large, comprehensive and practical views of educational improvement, and of the statesmanship of its author. Thus, intensely devoted to his duties as a legislator, one session of the Senate succeeded another, until at length the memorable term of 1828 opened, with every prospect of prosperity, of increas-


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ing power to the administration and to Mr. Spencer ; but, long before its adjournment, an event occurred, which terminated all the contests and collisions-all the schemes of ambition connected with De Witt Clinton.


On the morning of the 28th of February, 1828, Mr. Clinton arose in his usual health, enjoyed the pleasant scene of the family circle at the breakfast table, join- ing cheerfully in the conversation that enlivened the meal. When breakfast was over, he spent some time in reading the morning papers, which had just been brought in, and then walked to the executive chamber in the capitol. On his way he met several friends, to whom he gave a salutation more than usually cordial.


Those who saw him in the discharge of his duties that morning, remembered the cheerful manner in which he disposed of them. His usual reticence had passed away, and his conversation flowed pleasantly and agreeably. On his thoughtful face, which would have been a model for Angelo or Raffaelle, so plainly did it speak the dignity of intellect, the impress of care and reflection had for the time given way to a placid look, which told the beholder that all within was peace. Was it the sunset of life, shedding its last radiance where darkness and night were so soon to reign ?


He continued in the discharge of his duties until a half hour before the adjournment of the Legislature for the day, when he left the executive room, passed through the vestibule of the capitol, and walked home- ward.


At this time, John C. Spencer sat in the Senate chamber, silent, watchful, thoughtful, and formidable, the pillar that supported Clinton's administration- rendered permanent and powerful by the fortunate result of a bitter and fierce contest. He was satisfied with the present, and looked confidently to the future for a still higher political advancement for himself and


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his chief. At this time, the Assembly chamber hum- med with the usual business of the day.


There was Ogden Hoffman, the charming orator, whose eloquence riveted attention, and drew upon him from gallery and lobby, eager admiring eyes. There too, were Talmadge, Butler, Williams, Skinner, and Emmet; while in the chair, presiding over all, sat Erastus Root, then a gifted statesman, a man of large intellect, pleasing eloquence, and great ambition. He was now in the full success of his political prosperity, looking confidently for higher honors, which he be- lieved the nation was soon to bestow upon him; and thus, amid the great business of legislation, De Witt Clinton passed out of the capitol. How little did he, how little did the busy legislators above him, dream that he was leaving it for ever, that the man around whom all this legislative machinery revolved, in the midst of a career which made "ambition glorious," was even then standing on the brink of the grave.


Once more the statesman reached his home ; once more he met his family around the festive board. On leaving the table he sought his study, where he trans- acted some matters of business, wrote and answered several letters, and then entered into a cheerful con- versation with two of his sons who were present. Al- though the dread messenger was hovering near-even in the room, the conversation flowed on. It was a holy moment-a moment when each word then ut- tered was to live in the memory of those sons through life, because uttered by a revered and illustrious father on the very portals of the tomb.


Suddenly, while speaking, Mr. Clinton placed his hand upon his breast, complained of a sharp pain- the next instant his head fell backwards ; the young men sprang to him, raised his head, but the mute lips -the rigid brow-the dull film that was drawing over his eyes, and the fallen jaw, told them that only the dust of De Witt Clinton was before them.


In a moment, all within the executive mansion was 22


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sorrow, grief, and agony, the great, the brilliant light that illumined it had suddenly gone out. He around whom centered so much love, such deep affection, had left for ever.


Soon the fearful words, "Clinton is dead !" flew over the city ; on Change-in the busy mart-in the glittering empire of fashion-where wealth gloated over its glittering heaps, where poverty shrunk from the biting frost-where ambitious schemes were ripen- ing or fading like "the stuff which dreams are made of,"- everywhere, men and women paused, with pallid cheeks and hushed voices, repeated the words, "Clinton is dead."


Then along that wonderful work-the offspring of his genius, that stands as his proudest monument, the gloomy tidings ran, that its great projector was dead -that Clinton was no more; and the State of New York draped itself in mourning for her illustrious son, whose genius had written " Empire" on her shield.


The death of Governor Clinton dissolved the party that rallied around him, of which John C. Spencer was the moving spirit, and the scenes of the polit- ical drama in the State were shifted for the entrance of new actors.


"Before the death of Clinton, however, he appoint- ed Mr. Spencer to a work with which his reputation will ever be identified-a task eminently congenial to his habits of thought, his extensive knowledge of the law, and his powers of analysis-the revision of the stat- utes of the State."


The commissioners for the revision first appointed, were John C. Duer, Benjamin F. Butler, and Henry Wheaton. The appointment of the latter, minister of the United States at the court of Prussia, left a va- cancy, to which Mr. Spencer was appointed.


It has been said by an eminent commentator, that those who are engaged in the administration of the law are not the most properly qualified to amend it, that the great legal reforms which have been effected


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in England were through statesmen, who had, in some measure, outgrown their previous education as law- yers.


The singularity of this remark is the more appa- rent, when the labors of Brougham and Lyndhurst are remembered. To a practical mind it must appear, that those engaged in the practice of the law can best understand its demands for reform, and more prop- erly appreciate the application and practical nature of proposed amendments to existing laws.


The New York revisers were selected for their high standing as lawyers, under the conviction that their duties demanded the most extensive legal learning. It was a work of great labor, but it was successfully finished ; it effected many changes, facilitated many of the operations of the law, and reduced it to a practical system.


Like Justinian, the revisers undertook the great work of methodizing existing laws from those enact- ments, statutes, and precedents, which were scattered through so many volumes that they may be compared to the "load of many camels."


Compared with the Edicta Prætorum, the works of Tribonian and his coadjutors-with. the Frederician Code, or the Code Napoleon, the Revised Statutes of the State of New York, as a system of written laws, are vastly superior to them all, and the revisers suc- ceeded in reducing existing laws to a system best cal- culated to effect the object of all laws, the protec- tion of society.


But on the question of special pleading, they did not escape censure from a class of lawyers, who con- tend that the statutes did nothing to restore the math- ematical perspicuity of that system of pleading-that "the revisers continued the old system of the general issue, as a summary denial of the plaintiff's case, without giving him the least notice on what special defense the defendant intended to rely, instead of pleading specially the substance of his defense." As


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has been said by a recent writer, "the revisers of 1828, adopted and continued the common law method of proceeding, letting it stand with the relaxation of its fundamental rules, or the abuses with which it was afflicted in England, and, generally, in our own coun- try. The usage of the original writ was abolished, but the classification of actions, these had originated, and the distribution of the subject of litigation into these, were sedulously retained.


In pleading, several counts to the plaintiff and sev- eral pleas to the defendant were allowed, even though there might be but one distinct matter of complaint or defense.


The very same evils, from the very same causes, in England, led to the parliamentary law commission, its investigations, reports, and the remedy ; namely, the restoration of the system of special pleading by for- mula in actions at law."


Though Mr. Wheaton did not participate in the great work of revision, in January, 1836, he gave to the world a work, in many respects, scarcely less meritorious-his Elements of International Law ; a highly appreciated treatise, "very valuable to per- sons engaged in diplomatic and other forms of pub- lic life."


The labors of Mr. Spencer while in the Senate, were divided between his legislative duties, and as a member of the Court for the Correction of Errors, his judicial duties, and his duties as one of the revisers ; but as was said of Lord Eldon, his prodigious in- dustry seemed to rejoice in the accumulation of toils, and he applied himself with unremitting perse- verance to every minute portion of each subject, with indomitable energy.


He retired from the Senate on the adjournment of the Legislature in April, 1828, having served in that body since January, 1825, leaving behind him many distinguishing marks of his legislative career : among which, was his action in abolishing imprisonment


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for debt-the passage of many acts reforming the laws of the State, which is adequately appreciated by the legal profession; and, while speaker of the House, reducing its business to that systematic de- tail by which it has been guided since that period. His action as chairman of the Committee on Literature has already been alluded to.


In the year 1826 the abduction of Morgan occa- sioned great excitement throughout the State; and at length resulted in a new and powerful party. This event is more fully described in another part of this work.


The detection of the perpetrators of that deed was a matter in which the executive, and the various judicial and ministerial officers of the State became deeply interested. Heavy rewards were offered and a secret police organized. Finally, no measure which could possibly tend to the detection of the offenders was omitted.


The late Daniel Mosely was appointed a special prosecuting officer to examine into the offense, and, if possible, bring the culprits to justice.


Mr. Mosely was a strong, effective and learned lawyer of the Onondaga bar. He entered upon the discharge of his duties with an energy which promised the most complete success. Many arrests were made, and in one instance, several of the persons pleaded guilty to the crime of conspiring to abduct Morgan, and were severely punished.


Mr. Mosely continued to discharge his duties as such prosecutor until January, 1829, when he was ad- vanced to the office of circuit judge. Mr. Spencer was immediately appointed his successor by Governor Van Buren.


This appointment was exceedingly gratifying to all parties interested in the conviction of Morgan's des- troyers. Spencer's eminent abilities and large expe- rience as a lawyer and public prosecutor warranted the expectation that the matter would be thoroughly


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investigated. Under his vigorous measures keen and experienced detectives were employed, and every plan adopted which promised success. Many prominent individuals were arrested and indicted.


The energy and determination with which Mr. Spencer entered upon the duties of his office brought upon him the deep enmity of all persons connected with the Morgan affair. Serious fears were enter- tained by his friends that he would become the victim of the assassin. These fears were intensified by va- rious anonymous letters which Mr. Spencer received. Some of them admonished him of impending danger, while others contained the most fearful threats. Two of these letters were couched in the following language :


"TO JOHN C. SPENCER :


"Sir-As you are seeking for the blood of those who never injured you, remember that your own blood will run quite as easily and as red as theirs. There- fore, Beware ! BEWARE ! ! REVENGE." "To HON. JOHN C. SPENCER :


" Dear Sir-Your life is in danger! Assassins are upon your track ! Do not regard this warning lightly, but look to yourself, for you are watched by secret foes ! A FRIEND."


Mr. Spencer himself did not participate in the fears of his friends, and the anonymous letters did not cause him the least uneasiness. But in a short time he was convinced that there was a terrible earnestness con- nected with them. Two daring attempts to assassinate him followed each other in quick succession, which were providentially thwarted.


One dark evening, as he was returning home from his office, a man armed with a sword drawn from a cane, made a desperate lunge at him, which would have proved fatal had not the man stumbled over a stone as he sprang towards his intended victim,


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thereby causing the weapon to miss its aim. Before the attempt could be repeated the assailant was dis- armed and arrested ; but Mr. Spencer refused to pros- ecute him, and he was discharged.


Soon after this, he was returning alone from Penn Yan. Night overtook him while yet several miles from home. The evening was pleasant, the road was good, and, absorbed in his thoughts, he rode along un- conscious of danger, when suddenly a bullet whistled past his head, and the sharp report of a rifle rang in his ears. Again he escaped unhurt, and redoubling the speed of his horse, he reached home in safety. Soon after this, he received a singular anonymous let ter, the words of which many believed to be true. Among other things the letter contained the following :


" It is useless for you to attempt to convict any person for killing Morgan, for he is still alive. He was taken to Canada, the Canada lodges refused to receive him. He was then offered a large sum of money to leave the country forever, and to leave im- mediately. If he refused, death would follow, sure and certain. As he published his book for money, he was willing to banish himself for a price. He is now in a foreign country, under an assumed name, and he will never be heard from again. 'Murder will out,' they say, but as Morgan was never mur. dered, in this case there is no murder to come out. Time will pass on, you will go to the grave, and so shall I, and so will all that now live, but it never will turn out that Morgan was murdered.


"INVISIBLE BUT TRUE."


Notwithstanding the threatening letters he had received, notwithstanding the attempts which were made upon his life, Mr. Spencer was not deterred from vigorously discharging his duties. He laid the heavy hand of the law upon those whom he believed to be guilty of participating in the murder of Mor-


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gan, and sternly demanded their conviction. Sev- eral important trials took place, among which was the case of the People v. Mather, and that of the People v. Jewett. These trials were the great events of the times.


The former was one of those cases eminently calculated to be influenced by the excitement which pervades the public mind, rendering the administra- tion of justice subservient to the clamors of the populace. But the learned and able judge who pre- sided, felt that "justice is the end of government- the end of civil society." He felt himself to be the organ through which the voice of justice was to be heard-the representative of the law.




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