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 33
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" As a private citizen, Mr. Marcy was always held in high esteem for his good example in the fulfillment of social and religious duties. The Albany Academy, and the Albany Female Seminary, were much indebted to him for assistance as a patron, or counsel and ad- vice as a trustee.
"In person, he was about the ordinary hight; his frame was stout and muscular, but not gross ; his forehead bold and full ; his eyebrows heavy, his eyes deep set and expressive ; his mouth and chin firmly molded ; his manners were affable and courteous ; free from pretense, yet dignified."
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WILLIAM L. MARCY.
Through his whole life, he regarded the Christian religion with veneration and respect-a respect founded on an earnest conviction of the truth of the evidence and doctrines of Christianity, resulting from the frequent perusal of the scriptures.
EVERT VAN BUREN.
Born in Columbia County, New York .- His Father .- Enters the Office of J. & A. Vanderpoel, as a Law Student .- Commences his Practice at Penn Yan, New York .- The Yates Bar .- Mark H. Sibley .- Dudley Marvin .- Van Buren's Early Practice .- His Success .- Removes to Buffalo .- Speculation in Buffalo in 1836 .- Benjamin Rathbun .- His Trial for Forgery .- Van Buren one of his Counsel .- Rathbun's Conviction .- Scene of his Leaving for Prison .- Van Buren Returns to Penn Yan .- His Success at the Bar .- The Divorce Suit .- Case at Bath .- The Trial before the Magistrate .- R. W. Morrison opposes him .- Van Buren in Danger of Defeat .- Morrison Charged with Blasphemy and the Tables Turned .- Amusing Scene .- Van Buren a Candidate for Senator against William H. Seward. -Van Buren Defeated -William H. Maynard .- Albert H. Tracy .- The Election of 1832 .- William Wirt .- The Baltimore Convention .- The Election of 1850 .- Van Buren as a Public Speaker .- Aids the Whigs .- Public Discussion between him and Mark H. Sibley .- Singular turn of the Discussion .- Van Buren Removes to Chicago .- Elected Recorder of that City .- Amusing Anecdote. - General Characteristics.
EVERT VAN BUREN was born at Kinderhook, in the county of Columbia, N. Y., November 3rd, 1803. He was the son of Barnet Van Buren, a reputable citizen, and a prominent politician of Columbia county, representing it at the Assembly of this State in the session of 1819. Jacob Rutsen Van Rensselaer was one of his colleagues in this body. Evert having finished his education, entered the office of J. and A. Vanderpoel, then a distinguished law firm at Kin- derhook, where he prepared for his admission to the bar. James Vanderpoel subsequently removed to Albany, became prominent in the politics of the State, and at length was appointed one of the circuit judges, discharging his duties with ability and fidel- ity. In him, the politician was lost in the judge. Aaron Vanderpoel removed to New York, and was appointed judge of the Superior Court of that city.
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EVERT VAN BUREN.
Mr. Van Buren was called to the bar in March, 1827, and immediately commenced the practice of his pro- fession in the village where he studied.
He continued here however, but one year, when he removed to Penn Yan, opened an office, and com- menced practice. He soon took a prominent position at the Yates county bar ; although at that time, John C. Spencer, Mark H. Sibley, Dudley Marvin and other distinguished lawyers often appeared there, and thus Mr. Van Buren was obliged to enter the lists at once with antagonists of renown and experience.
It was a custom of the ancient gladiators, while training a young man for the arena, to compel him at once to grapple with formidable adversaries, in order to develop his strength and render him self-reliant. Thus Mr. Van Buren, by early collisions with dis- tinguished lawyers, rapidly gained confidence in his own abilities, while his intellectual powers were de- veloped and strengthened. His practice extended into the surrounding counties, and he soon acquired the confidence of the public, and controlled a sub- stantial law business.
In the year 1836, Buffalo became the theater of a speculative mania, the history of which now seems almost fabulous. Immense fortunes were made in a single day. Men who really were not worth a dollar, boasted of their hundreds of thousands, and talked of their immense real estate transactions, as though such things had been the business of their lives. City lots passed from purchaser to pur- chaser, their value accelerating with every change, until their price almost exceeded computation. This state of affairs greatly increased legal business, and at- tracted many lawyers to this Golconda, among whom was Mr. Van Buren, who in the summer of 1836, made Buffalo his home. Having often been engaged there in various legal matters, he was fortunate in making the acquaintance of several leading business
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concerns in the city ; and he entered at once into a large and extensive practice.
Among those who experienced all the vicissi- tudes of that day, many of which had almost dra- matic interest, was Benjamin Rathbun. This man, who possessed a gigantic business intellect, united with many amiable and high-toned qualities, carried away by the wild speculation which surrounded him, entered into operations too vast, if not for his intellect, for his means ; and finding himself amid a sea of em- barrassments, sought to aid himself by stupendous forgeries, the discovery of which astounded the public, while it brought ruin and degradation upon himself. So elevated had been his character, such his liberality and honesty with those in his employ-with all the business public to whom his affairs extended- that upon his arrest there was a deep and open ex- pression of sympathy for him, never before witnessed in a case where the evidence of guilt was so palpable. Such, however, was the nature of his forgeries, that they admitted of a strong defense, which was seized upon, and he prepared to defend himself with earnest- ness and determination, and a remarkable legal con- test ensued, the like of which was never before wit- nessed in Buffalo.
In this defense Mr. Van Buren was retained with others, and he took a distinguished part in that cele- brated trial, and in discussing before the Supreme Court in banc those nice and abstruse legal questions which grew out of the trial. Rathbun was convicted and sentenced to State prison for a term of nine years. The sentence was confirmed by the appellate court, a pardon was refused by the executive, and the princely man of business-the much-loved and distin- guished citizen-left the city of Buffalo for his gloomy abode within the walls of Auburn prison. But his departure from the city was more like a triumphal exodus than a departing criminal. The most eminent citizens and business men of the city escorted him to
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the depot, and even to the very vestibule of his prison, while his fate was everywhere lamented.
Mr. Van Buren's participation in the defense of Rathbun added much to his professional prosperity, and drew a large legal business to his office. Mean- while, speculation continued for a time ; but at length the revulsion came, and with it a general suspension and stagnation of business. Van Buren continued at Buffalo until 1840, when, at the solicitation of several business men at Penn Yan, he returned to that village, and resumed there the practice of his profession with more than his former success.
Among the many important cases which Mr. Van Buren conducted to a successful termination, while a member of the Penn Yan bar, was that of a man who had commenced proceedings against his wife for a divorce on the ground of adultery.
The action was instituted through the effects of jealousy alone. "Trifles light as air" had assumed the form of verities ; and brooding over his supposed wrongs, which were made plain and clear to him by some honest Iago, he determined to rid himself forever of his faithful and undeviating wife. The only wit- ness upon whom the husband relied to establish his case and her guilt, was a man whose deep displeasure the wife had incurred, and who had threatened to re- venge himself upon her. He was one of those who never forgot or forgave an injury-never lost an oppor- tunity that led to his revenge. Some time previous to this trial he removed to the western part of Illinois. Upon being notified of the trial, without fee or reward he voluntarily traveled from his far-western home to give his evidence against the injured wife. His testi- mony was of the most dangerous nature. Concealing his venom under the garb of plausibility and an ap- parent disinterestedness, he prepared to strike his vic- tim a fearful and terrible blow. He took the stand and deliberately testified to the most damning act of infidelity and guilt. The only favorable matter which
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Van Buren could elicit, after the most rigid and skill- ful cross-examination, was the implacable hatred which the witness entertained against the lady. This he suc- ceeded in making fully apparent. From the bitterness of the heart the mouth spake; and with some other minor incidents which were proved in the defense, he went to the jury.
"Gentlemen," said he, in the course of his remarks, "this is a case where domestic happiness, where love and affection are prostrated before the demon of jealousy, so justly called 'the green-eyed monster.' A few short years ago this young woman was led to the altar, all buoyant with hope and exuberant with joy, by the man she loved, and whom, in the fond trusting love of her young heart, she believed loved her.
" As the assembled guests at that happy marriage gathered around her in the home of her youth, where the blended love of father, mother, brothers and sis- ters shed its holy radiance upon her, they almost en- vied the happiness which seemed in store for her ; and as the solemn words of the marriage ceremony were pronounced, 'whom God has joined together, let no man put asunder,' it seemed as though listening angels caught the impressive words, and recorded them in their own bright sphere. But alas! what a fearful change has come over that happy, joyous bride. The husband that led her to the altar, and then from her happy home-from the loved ones, who, with many prayers, had watched over her girlhood days, in all that beautiful tenderness which centers in parental affection-has become the dupe of designing wretches -the victim of jealousy. His love has turned to gall and bitterness, and he charges her with a shameful crime. But by whom does he attempt to establish this charge ? Is it by a fair, impartial witness ?- one who tells the disgusting story with reluctance and sorrow ? No, gentlemen ; he seeks to establish it by the evi- dence of a suborned villain !
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"What is the motive which impels this witness to testify against the defendant ? I will tell you what it is. He imagines that he has been wronged by her, and has sworn to be revenged. Ah ! gentlemen, fearfully, but I trust not fatally, has he attempted to keep his oath. Revenge, gentlemen, is the deadliest, the most relentless passion that can possess the human heart- a passion that never tires and never dies. It will travel continents, and compass sea and land, to hunt out the object of its hate, and slake its thirst in the blood of its victim. Such is the passion that fires the heart of this miserable man, and which has caused him to travel a thousand miles, without reward or the hope thereof, to destroy forever the hopes, the happiness, and worse than all, the character of this unhappy young lady, whose fair fame is as unsullied and as pure as the early dew-drop, unstained even by the dark story which perjury has related against her.
"Gentlemen, let me say-and I know you will concur in what I say-that a man whose revenge is as deep, whose hatred is as implacable as is that of this witness, will fly to perjury with alacrity as the means of gratifying his dark and malignant passion; and you will only look at the story of this woman's guilt as the fabrication of revenge."
There were several nice legal questions involved in this case, which Mr. Van Buren argued with ability and learning. The trial took place at Canandaigua, and was conducted for the plaintiff by one of the ablest lawyers in the State; but the lady was tri- umphantly acquitted, and the divorce denied.
Soon after this trial he was retained to assist the district-attorney of Steuben county, in the trial of an indictment against a woman, charged with man- slaughter. The victim was a small girl who had been bound to the defendant, and who was so cruelly beaten and maltreated by her mistress that she died. It ap- peared in evidence that the defendant frequently held the girl so close to a blazing fire, that she was fearfully
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burned. At other times she was confined, in cold freezing weather, under the house, in a place so small that she could neither stand nor sit up; there she was kept by the cruel woman until her feet and hands were so horribly frozen that several of her fingers and toes fell off. The defense set up, besides a plea of not guilty, was ingenious, and plausibly maintained with all the ingenuity of eminent counsel. After a day had been exhausted in taking the testimony, the counsel for the prisoner on the morning of the second day commenced his address to the jury, closing at noon, when the district-attorney announced that Mr. Van Buren would sum up the case for the people after dinner. Accordingly, at the opening of the court in the afternoon, he commenced his argument. The court house was densely crowded, the galleries being filled with ladies. His speech on this occasion elicited the warmest commendation. The enormity of the offense, the intense suffering and cruel death of the little girl, were dwelt upon with a pathos and eloquence which drew tears from those even who were unused to the melting mood.
The sophistry of the defense was exposed, and the legal points closely and thoroughly considered.
"I have," said Mr. Van Buren, "for my whole life had something to do with courts of justice; I have witnessed the development and exposure of hu- man depravity ; I have listened to the recital of crime -aye, I have read accounts of savage barbarity-of the tortures of the Inquisition, described in all the fearful detail of history, and in the imagery and elo- quence of romance. But poetry, eloquence, and ro- mance are tame and insipid compared with the simple story of the suffering and death of this poor child."
The woman was convicted and sentenced to State prison for a term of years.
In the early days of his practice, Van Buren was engaged in the trial of an important suit before a jus- tice of the peace in one of the towns of the county of
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Yates, who was far more famous for his vital piety than for his legal knowledge, and who never failed to seize every opportunity to convince people of his great religious zeal.
Van Buren appeared for the plaintiff, and was op- posed by the late R. W. Morrison, then a leading member of the Yates bar. As the trial progressed, it became apparent that the justice was clearly against the plaintiff, and the matter presented a very unpromising appearance for him. But Mr. Van Bu- ren, with his usual perseverance, struggled to over- come all difficulties in his way, and to ingratiate himself into the favor of the court, but in vain ; he made no impression, and defeat seemed inevitable.
At length a question arose, which led to consider- able discussion. In his reply to Van Buren, Morrison remarked, that he proposed to explain the nature of the question, from Alpha to Omega. The instant these words fell from his lips, the justice brought his fist heavily down on the table before him, ex- claiming :
" Mr. Morrison, sit down ! do you think I am going to sit here and hear my Saviour abused in this way ? It is an outrageous blasphemy, sir ; sit down !"
It was in vain that the lawyer attempted to explain, that he did not intend any disrespect to the Saviour, and that he only used common words.
But the justice insisted that he had been guilty of blasphemy.
"Do you think I don't understand the meaning of words, sir ? I am a Scripter man, and I sarch the Scripters because in them is etarnal life. You ain't the only man that's got book larning. Sit down, I say. I have caught you in your blasphemy ! you can't blaspheme in my court !"
As Morrison could make no impression upon the justice, he said :
"Why, your honor, Mr. Van Buren will tell you that these words are not blasphemous."
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"You can't get him to help you out of this scrape, sir ; you are fairly caught. He ain't a professor, I know ; but then, he won't blaspheme like you do," said the justice.
" Why," said Morrison, determined to set himself right before the court, "Alpha means the beginning ; it is a letter of the Greek alphabet, and Ome-"'
"Stop, sir; are you going to blaspheme again ? don't you think I understand what words mean, when I've read the Bible all my life ?"
"Van Buren," said Morrison, turning to him ; " come, be decent now, and explain the matter to him."
" Oh, this is too delicate a matter altogether for me to interfere with ; I can't interfere in a misunderstand- ing between you and his honor, here," said Van Buren, in a very dignified manner.
"There," said the justice, "what did I tell you just now ? I knew he wouldn't help you. Mr. Van Buren, you are like the man in the New Testament, who, although he was a hardened sinner, wan't a great way off from the kingdom of heaven. You can go on with your case now ; but no more of your blasphemy, Mr. Morrison."
The case was resumed ; but the tide was turned in Van Buren's favor ; through the remainder of the case, his hope increased, and when it was decided, it was in Van Buren's favor.
To expose crime and drag it from its refuge behind statute and common law ; to unmask the criminal's de- fense which ingenuity, legal skill, and acumen had thrown around fraud and corruption; to give inno- cence protection, was the delight of Mr. Van Buren. But it cannot be denied that it was also his pleasure to resort to subterfuge, to sophistry, and all the arts which the ingenuity of counsel can devise, to save his client's case ; nor was he exempt from the charge of sometimes shielding by professional skill the guilty,
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and depriving the gallows and the prison of their just dues.
But all lawyers who undertake the defense of a criminal, do so at the hazard of clearing a guilty man. The law vouchsafes to all a fair and impartial trial, no matter how guilty ; and if in the conduct of such a trial, a guilty man escapes, the fault is with the law, and not with the counsel for the defense.
Like most lawyers, early in his professional life, Mr. Van Buren gave more or less attention to politics ; but at no period of his life did he surrender his pro- fessional ambition. While it is true very poor or ineffi- cient lawyers often make eminent politicians, it is not always that a gifted politician makes a distinguished lawyer. Hence the political arena is crowded with eminent politicians, at least who lay claim to eminence, whose legal career was a failure. Of course there are many exceptions ; there are many whose political and professional career adorns both politics and the bar.
In the year 1830, Mr. Van Buren was a candidate for State senator, in the old seventh Senatorial district, to which the county of Yates belonged. William H. Seward was also a candidate for the same office. The Senatorial convention met at Geneva in September, and the gentleman who during the early part of the year had been the candidate of those opposed to Mr. Seward, withdrew a few days before the convention assembled. Whereupon the friends of Mr. Van Buren, without his knowledge or consent, proposed his name as a candidate. Accordingly, at the convention a close contest for the nomination ensued, which resulted in favor of Mr. Seward by one majority, and he was afterwards elected senator. Both of these gentlemen were then quite young, both of them commencing their professional and political career with ardor and am- bition, though Mr. Van Buren was several years younger than Mr. Seward.
Though the former was not disheartened by the result of this convention, yet it doubtless had the 28
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effect to detract much from his love of politics. Had he received the nomination for senator, it would doubtless have increased his political aspirations, and with his acknowledged talents he would, perhaps, have entered upon a long and brilliant political career in the politics of the State. While, on the other hand, had Mr. Seward been rejected by the convention, such is the nicely balanced scale of fortune, especially in politics, that the struggle in the convention at Geneva might have decided the political fate of William H. Seward, and not given to New York that great and illustrious statesman. The fate 'of monarchs, of the most renowned heroes and conquerors, has frequently been decided by circumstances of far less moment than that which gave Mr. Seward a seat in the Senate of New York in 1831. He was at that time less than thirty years of age.
The Senate then contained some of the most emi- nent men in the State; very few of his own political friends, however, were among the number. Nathaniel P. Tallmadge, William H. Maynard, John W. Ed- monds, Albert H. Tracy, Levi Beardsley, and Henry A. Foster, were among the most prominent senators. William H. Maynard was a senator for the fifth Sena- torial district. He resided at Utica, and was a few years older than Mr. Seward. A lawyer by profes- sion, whose career at the bar had already been brilliant and successful, he had attained a commanding position in the politics of the State, and was the acknowledged leader in the combined opposition to the Democratic party. He first entered the Senate in January, 1829, and became the leader of his party in that body. When, in 1831, Mr. Seward became a member of the Senate, Maynard found in him and in Albert H. Tracy, able and powerful supporters. And though at this time largely in the minority, yet such was his genius and power that he sometimes gained decisive advant- ages, which tended to strengthen and sustain the fall- ing fortunes of his party. But his brilliant career was
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suddenly terminated by the hand of death. He died early at the close of the year 1832, leaving Mr. Seward, young as he was, the champion of his party in the Senate and in the State. The death of this truly great man was an opportune circumstance in the political career of Mr. Seward. It removed a powerful and splendid though generous rival, and left the field to him. How well he profited by this advantage is at- tested by the history of the State and nation.
Mr. Van Buren represented his Congressional dis- trict in the Anti-Masonic convention which nominated William Wirt for president of the United States. No matter what the political complexion of that conven- tion was, it covered itself with glory in nominating that great and illustrious man ; and though defeated, his name sheds a flood of glory upon the page of his country's history. The husbandman at his plow, the artisan at his anvil, the seaman on the mast, paused when he heard that William Wirt was no more. His grave is a hallowed spot; great memories cluster there ; and those who visit it may well exclaim :
" Such graves as his are pilgrims' shrines ; Shrines to no creed or code confined- The Delphian Vales, the Palestines, The Meccas of the mind."
The convention met at Baltimore, in August, 1832. John C. Spencer was chairman, and many of the statesmen and legislators of the nation were present. Mr. Van Buren was made one of the committee on resolutions. The result of the election which followed entirely dissolved the Anti-Masonic party, and the subject of this sketch gave his allegiance to the Demo- cratic party, and ever since, his fealty to it has been unswerving. He was a strong supporter of Douglas, and a War Democrat, ardently supporting the gov- ernment during the rebellion.
In 1836, he supported Martin Van Buren for the presidency, and again in 1840. In the canvas of
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1844, he took a prominent part, advocating the elec- tion of Mr. Polk, and devoting a large part of his time in addressing public meetings in various parts of the State.
During this campaign the Whigs of Yates county, through their central committee, invited the Demo- crats to publicly discuss the great issues of the day, upon a time to be fixed. The challenge was accepted, and Mr. Van Buren was chosen as the champion for the Democrats, and the distinguished and much la- mented Mark H. Sibley was chosen by the Whigs to conduct the debate for them. An orator more popular, more gifted with all the aspirations of true eloquence, or more affluent in all the qualifications of a skillful debater, could not have been selected. Such was the man whom the Democracy of Yates invited Mr. Van Buren to meet in open debate. A discussion took place in a grove near Dundee ; several thousand people were listeners, such was the interest which the public took in the matter. It was arranged that Mr. Sibley should open the debate, and occupy one hour-Van Buren to follow, with two hours at his disposal ; the debate to be closed by Sibley, who had the same time in which to reply.
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