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 38
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panied Mr. Webster to Albany, and entered his office as an apprentice.
Here he lived for several years, and here he learned the art of printing.
During the first years of his apprenticeship, it was his business to carry the paper of his employer to its patrons. While thus engaged, he often met, on his route, Hamilton, Burr, Clinton, Spencer, Livingston, and other great men, who were then much of their time at Albany.
One morning while toiling up State-street with a large bundle of papers under his arm, he was met by a gentleman, whose person was a little below the ordinary hight-slender, but straight as an arrow, with a bright, clear, intelligent face, dressed in a blue coat, dark waistcoat, black small clothes, and dark stockings. This man approached him at a pace that indicated haste.
"Here, boy," said he, "I would like three or four of your papers."
"I cannot spare them, sir; they are for sub- scribers ; and I have only just enough to go around," was the reply.
"But, my boy, I must have them ; I am in a great hurry for them, too," said the gentleman, reaching out his hand to take them.
"No, sir; you can't have them," said young Cruger, grasping them tightly in his arms, "Mr. Webster will be displeased, if I let you have them," and he moved along.
The gentleman looked puzzled.
"Wait a moment, young man," said he, taking a small book from his pocket, and writing something on a piece of blank paper, which he handed to the boy with a half a dollar, saying :
" Give me four of your papers, take that note, and return to the printing office ; hand it to Mr. Webster, and if he does not say you did right in letting me have the papers, call at 86, State-street, and I will satisfy
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you," and, taking the papers, he walked quickly away.
Cruger returned to the office. Mr. Webster was sometimes harsh and violent, and he had some fears for himself.
" Well, sir ; what have you come back for ?" said his master, in a tone which exhibited his displeasure.
" Because a man met me just now on State-street, and urged me to let him have four papers, and as I have not enough to go around, I've come back after more."
Mr. Webster's face indicated a storm.
" What did you let him have the papers for ? Hav'n't I told you, time, time, and time again, not to let anybody have papers, but subscribers ? What have you got to say for yourself?'' said Webster, greatly displeased.
"The gentleman gave me this note, and told me to hand it to you, and that it would be all right," said Cruger.
Webster took the paper, opened it, and read as follows :
" Dear Sir-I met your boy, this morning, with the papers. I was in a great hurry for four of them. He refused to let me have them, and I took them much against his will ; he is a bright, faithful boy-did his duty manfully, and you will excuse him, and charge the wrong to me. A. HAMILTON."
"Why, good gracious, boy, you did just right, after all. Do you know that you have been talking with Alexander Hamilton, this morning, Daniel,-one of the greatest men of the times ? You did right-you did right, sir."
Daniel replenished his bundle, and once more started on his rounds.
Occasionally, Daniel would visit the Assembly chamber during the session of the Legislature, and
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gazing on the wise men assembled there, he wondered where they all lived, how they learned so much wis- dom-how they found out the way to make such ele- gant speeches, and to use such great, splendid words. Like the French mathematician, described by Fonte- nelle, who inquired of some Englishmen that were visiting him, whether Newton ate, drank, and slept like other men, young Cruger wondered whether these men, at home in their own houses, lived, acted, and talked as other men did; whether they always wore their hair so elaborately done up in pigtails, and always had on those great, bright, shoe buckles, and whether some of them didn't live in great palaces, somewhere.
But when he cast his eyes up to the chair, and beheld the man who occupied it, and who ruled all the great men in the Assembly, he regarded him with feelings of awe. Certainly, thought he, that man must be greater even than Solon, Aristides, Themis- tocles, Pericles, and the other illustrious personages of whom he had read in Plutarch's Lives ; he even thought that Washington himself could not have been a much greater man, only he dressed in uniform and had a sword, while this man wore citizen's clothes, and had nothing but a small mallet in his hand. Then ambitious hopes and desires began to throb in his bosom, and he ventured the thought, that perhaps, if he spent his leisure time in study, conducted himself with propriety, and was industrious, he might some day be honored with a seat in that room, and talk so eloquently that everybody, even the great man in the chair, would listen to him with as much attention as they did to the men whom he heard talk there. And thus the first faint dream of ambition began to leave its impress on his mind-which, as it deepened, stim- ulated him to that action and perseverance, which in a few short years placed him in that chair on which he looked with such feelings of awe.
He commenced his education in that school of
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practical knowledge and vigorous intellectual develop- ments, -the printing office,-where so many great men of the nation have prepared to enter places of renown and honor.
In the office with him, were the late Mathew L. Davis and the late Jesse Buell, both of whom, in after life, were his associates in far different scenes.
Having served his time with Mr. Webster, and rejoicing in a practical knowledge of the art preserva- tive, he settled at Owego, and established the "Owego Democrat," which was the first journal ever published in that part of the State. He edited and published this paper until the year 1804, when he parted with his interest in the concern. His father having pre- viously settled at Bath, young Cruger now made that village his home. For a time he pursued his occupa- tion there ; but the business proving injurious to his health, he renounced it and entered the office of Gen- eral S. S. Haight as a student at law, with whom he continued until he was admitted to the bar, when he became a partner of the general ; this was in the year 1806. About this time he was married to Miss Han- nah Clement, a niece of the late Henry A. Townsend, of Bath, a lady of great refinement, intellectual cul- ture, and graceful accomplishments, who subsequently was as much admired in the polished and refined cir- cles at Washington and Albany, as her husband was esteemed and honored among the gifted statesmen and lawyers with whom he associated in those cities. His ability as a lawyer soon exhibited itself, and he be- came, within a few years after the commencement of his practice, one of the leading lawyers at the Steu- ben bar.
He continued to practice with increasing success, until the year 1812, when the war with England created a martial spirit throughout the country, which caused many young men to leave their occupations and enter the service of their country. Among these was Mr. Cruger. He accepted a position on the staff of General
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McClure. This officer was fortunate in the selection of his staff. He called to his side some of the most distinguished young men in western New York, who subsequently occupied the very highest places in its legal and political history.
Soon after this, he moved with General McClure's brigade to the northern frontier. Some time after reaching the seat of war, the general, understanding that certain orders directed him to burn the town of Newark, in Canada, took the necessary steps to obey. Major Cruger and Mr. Spencer, however, dis- sented from the view of the order taken by General McClure, and objected to burning the town. About this time Mr. Spencer was called home by sickness in his family, and Mr. Cruger stood alone in his opposi- tion. The general, therefore, prepared to carry out his construction of the order, and Major Cruger was ordered to enter the town with a flag of truce, and inform the "inhabitants of the threatened conflagra- tion." He obeyed the order, entered the town with an orderly, and after giving the usual notice, he and his orderly assisted the inhabitants to remove their effects ; and the town was soon in flames.
Soon after this he was placed in command of a de- tachment of soldiers, and two companies of Indians under the command of the celebrated chief, Red Jacket, with orders to proceed into the interior of Canada on a reconnoissance. The movement was attended with great danger from ambuscades of hostile Indians and attacks from heavy bodies of British troops which could be thrown forward against them. But Major Cruger was not a man to shrink from danger, and with his little command he carefully, successfully, and skillfully obeyed his instructions.
On the 2nd day of October they approached a small Indian village. Hearing an unusual shouting, yelling, and whooping, Cruger halted, and sent for ward scouts to ascertain the cause of the commotion. After a short absence they returned, and reported that
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the Indians had three American soldiers whom they had captured, and were about compelling to run the gauntlet. This is an ordeal of Indian invention, con- ducted in the following manner : Two lines are formed about six feet apart, consisting of Indians and squaws, each armed with a whip from three to four feet in length, cut from a tree. Between these lines the prisoners are compelled to run, one at a time, each Indian and squaw striking the man as many blows with the whip as he or she can while he is passing. It is a terrible ordeal; but if the prisoner is quick on foot, and expert in dodging, he can escape with much less injury than a more clumsy person.
On the return of his scouts, Major Cruger moved rapidly forward, reaching the village just as one of the prisoners had run the gauntlet. He was a strong and sinewy man, as fleet on foot as a deer, He was placed at one end of the parallel lines, with his shoulders bared, and when the word "go" was given, he started. In his progress he ran so close to one of the lines that he frequently knocked over men and women; this brought him so far from the opposite line that those in it could not strike him with their whips. And thus he passed through the army of whips without receiving the least injury. This trial, however, was not satisfactory to the Indians, and they were preparing him for an- other, when they were surrounded by the American forces, and the captives released.
One of the released prisoners, who had suffered much during his captivity, borrowed a hickory ramrod from one of the American soldiers, and walking up to a gigantic hostile chief, whose shoul- ders had been bared in order to give his arms full play in striking the unfortunate victim of the gaunt- let, plied the weapon on the bare skin of the Indian with such force that great red ridges followed every blow. As the Indian was surrounded by Cruger's
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soldiers, he could not escape; and as each blow fell, he sprang into the air uttering howls something be- tween the roar of a lion and the shriek of a panther.
On his return from this adventure, Major Cruger received intelligence that he had been placed in nom- ination, by the Democrats of Allegany and Steuben, as candidate for member of Assembly, and, as his term of service had nearly expired, he tendered his resignation, and returned home. This was in the autumn of 1813. At this time the population of Alle- gany and Steuben was so small, that the two counties barely contained a population sufficient to entitle them to a member of Assembly between them.
The election took place, and Cruger succeeded. Daniel D. Tompkins was at the same time elected for the third term, governor of the State. Mr. Cruger's ardent support of the war, as well as the influence which he had exerted during this election, rendered hin very popular with the governor, as well as with the Democratic party throughout the State. Among the distinguished persons elected to the Legislature at that election, were Jacob Rutsen Van Rensselaer, and Elisha Williams, from Columbia ; William A. Duer, and James Emott, from Duchess; Samuel Young, from Saratoga ; John Savage, from Washing- ton. James Emott was chosen speaker, and Mr. Cru- ger occupied a place on the Committee of Ways and Means. In the fall of 1814, he was again elected to the Assembly from the two counties of Allegany and Steuben, and so acceptable were his services to his constituency, that in the autumn of 1815, he was re- elected from the same counties. Perhaps no previous or subsequent period in the legislative history of the State has ever been characterized by a more singular and bitter strife than occurred in the Assembly of 1816. It was a bitter collision between the Republi- can and Federal factions in the House. This memor- able Assembly convened January 30th, 1816, and Mr. Cruger was immediately chosen speaker, against
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Jacob Rutsen Van Rensselaer, the Federal candidate. So nearly divided were the opposing factions, that Mr. Cruger was elected by a majority of one vote. This majority was gained by the vote of one Peter Allen, from Ontario county, whose seat was contested by Henry Fellows, now a resident of Bath, N. Y. It was in contesting this seat that the acrimonious contest of this session arose. Mr. Allen's vote gave the Democrats a clear majority in the House; and much to the annoyance of the Federalists, a council of appointment was to be appointed by this body. They therefore struggled with desperation to bring the question of the contested seat to a termination before the appointment of this council, while the Democrats struggled with equal energy to postpone any action on the contested seat until the the council was elected ; and they succeeded, notwithstanding the powerful efforts of men like William A. Duer, Thomas J. Oakley, and other members of command- ing ability in the House.
On the fifth day of February the contest was re- newed with intense vigor on both sides, and a Repub- lican council of appointment was chosen by the vote of Mr. Allen. The bitterness with which Mr. Cruger was assailed by the Federalists for a decision made by him upon certain points of order during this con- test has seldom been equaled. But he was defended by the Republicans with such ability that the at- tack of his enemies passed harmlessly over his head, and he was more popular after the attack than be- fore it.
Perhaps few men ever presided over a legislative body with more dignity and ability than Daniel Cru- ger. He was a man of extensive and profound inform- ation, thoroughly conversant with parliamentary rules, quick of apprehension, and he perfectly understood the rules of debate ; without any apparent reflection he could apply them to existing circumstances with perfect facility. His courtesy and urbanity in the
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chair were proverbial, and, notwithstanding the bit- ter animosity which governed the partizan strife at that day, he was extremely popular as a presiding officer.
Such was his popularity that, in the autumn of 1816, he was nominated by the Republicans of the then twentieth Congressional district for member of Congress. He was elected, and entered upon his duties December 1, 1817. Here Mr. Cruger occupied a prominent position. His legal abilities and reputa- tion secured him the second place on the Judiciary Committee, where he was subjected to the most inces- sant and severe labor. On several occasions he ad- dressed the House in speeches which won him much consideration and respect. Although he made no pre- tensions as a public speaker, yet, whenever he ap- peared before a parliamentary body, his native good sense-his fund of information-the precision of his positions, always commanded the attention of his auditors.
On the 17th of April, 1815, Mr. Cruger was appointed district-attorney for the Seventh District, consisting of the counties of Steuben, Allegany, and Tioga. As has been remarked, in another part of this work, the office of district-attorney was one of the most important in the State, second only to that of attorney-general. There were at this time twelve district-attorneys, the State being divided into twelve districts, each district embracing within its jurisdiction several counties.
It was while in the discharge of the duties of this office that Mr. Cruger attained his highest professional reputation. At this period precedents and forms were hardly known ; our system of criminal law was unsettled, and hence his duties were laborious and critical. It is related of him, that while district-attor- ney, a man was indicted for stealing a horse and sad- dle in the county of Steuben. The indictment was drawn by Cruger ; but the cause was moved at a court
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of Oyer and Terminer, held at Bath, while he was absent in Congress. The celebrated John W. Hurl- bert, who was attending this court, was retained to defend the accused.
"Mr. Hurlbert," said a lawyer who was to assist in the defense, "I think, at the proper time, we can quash the indictment in this case."
"Upon what ground ?" asked Hurlbert.
" Because it alleges that the man stole a horse and saddle, when in fact there was nothing but the horse taken ; and then there is a mistake in the man's name," was the reply.
"Who drew the indictment ?" asked Hurlbert.
"Cruger, the district-attorney, of course," replied the lawyer.
"Well, sir, then it would be of no use to make an attempt to quash it; for, when Daniel Cruger drew it, he had his mind upon those very questions-and if there had been any error in them they would not be in the instrument; for he knew more about what there is connected with that paper than you and I, and, I think, I may as well say, the court and the bar generally. He looks to such things, sir, and the judges believe in him,-therefore it is of no use to make the attempt."
And no attempt was made.
This anecdote fully illustrates the capacity of Mr. Cruger as a special pleader and prosecuting officer.
In the year 1818, the jurisdiction of district-attor- neys was confined to a single county. Cruger, how ever, was appointed the prosecuting officer for the county of Steuben, serving in that capacity one term, and was succeeded by the late Judge Wells.
In the year 1815, he formed a partnership with William B. Rochester, subsequently one of the circuit judges of the State, an eminent and distinguished politician, a lawyer of fine legal attainments, a judge of superior abilities, a gentleman by birth, intuition, association, and practice-a scholar ripe and thorough, and an ornament to the bench, the bar, and the polit-
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ical field. It is needless, perhaps, to add, that the combination of such talents in a legal firm renders it extremely powerful.
Through a series of years, General Cruger wielded an influence in the counties of Steuben and Allegany, almost unbounded. If, as has been said, the courts believed in him, the people did so, most implicitly. He was a thorough and undeviating friend of De Witt Clinton. In his behalf, he carried war into Africa, or waged it at home, as the case demanded.
When Mr. Clinton was removed from the office of canal commissioner, meetings were held throughout the State, denouncing the act in the strongest and most emphatic manner. When the intelligence reached Steuben county, a large meeting convened at Bath. It was the largest gathering which, up to that time, had ever assembled in Steuben county. Mr. Cruger presided. His speech, on taking the chair, was one of great power and effect. He made no oratorical effort, no attempted fervency, no reaching after effect, no sensational display. His speech was the calm utterance-the dignified expression of one who deeply felt all that he uttered, and who imparted his feelings by a natural inspiration, into the hearts of his audi- tors, rendering his words penetrating and enduring.
"Private citizens," said Mr. Cruger, " have rights as well as duties. The Legislature is but a co-ordinate branch of government, instituted for one and a single end-the duty of making laws. When it is perverted to other objects-to purposes of ambition, or party spirit, we are authorized-we are bound to make such opposition as shall call it back to a discharge of its proper duties, to endeavor to render it as pure as the imperfection of our nature will admit. Fellow citizens, that the Legislature, in the removal of Mr. Clinton, has perverted its power to party spirit-party rancor and hate, will be admitted by all reasonable and thinking men. No prophetic inspiration tells me that the people of this great State will surely vindicate
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him. I assert that they will do so, because I claim to know something of the people of this State. Fellow citizens, the day will come when shame and confusion will fall upon the heads of the perpetrators of this outrage."
During the year 1824-5, the question of State roads agitated the public mind in the counties of Tompkins, Steuben, and the adjoining counties. Commissioners had been appointed by the Legislature to locate such roads, who, at length reported in favor of two great routes, both to commence at Lake Erie, in the county of Chautauque, leading to Bath; but from Bath, the nouthern route was to lead to Ithaca, and from thence to Catskill; and the other, the southern route, from Bath to Painted Post, and thence to New Town and Binghamton, from there to Nyack on the Hudson River. A powerful attempt was made to divert both these routes from Bath, and in the fall of 1825, to check this movement, General Cruger, at the earnest solicitation of the citizens of that village, and of other parts of the county, consented to accept the nomina- tion for Assembly. He was of course elected.
The Legislature of 1826 was organized by the elec- tion of Colonel Young, speaker of the Assembly, and immediately a fierce contest commenced over the ques- tion of the State roads proposed by the commission- ers. They were strongly opposed by the speaker, Colonel Young, Francis Granger, Mr. Sill, from Onei- da, and by the members from the counties bordering on the Erie and Champlain canals ; combining against the measure, men of the highest influence in the State. On the other hand, the proposed roads were sustained by Generals Root and Cruger, Mr. Vanderpoel, from Columbia, and Woodcock, from Tompkins, with great power and address. These gentlemen were all law- yers of much distinction, standing at the head of the bar in their respective counties, and distinguished throughout the State for their legal, as well as polit- ical abilities. No party prejudice entered into this
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contest ; it was merely the jealousy and rivalry be- tween what were then deemed great, extensive, pro- posed works of internal improvements.
And thus only forty-five years ago, the Legislature of the Empire State was engaged in a bitter and all- absorbing contest over the building of two common dirt or gravel roads, involving the expense of a few hundred thousand dollars, a much smaller sum than is at this day frequently disbursed by one great rail- road company in procuring further immunities and privileges, or in its litigations with rival companies.
As the session of 1826 wore away, the contest deep- ened. The efforts of Mr. Cruger in its behalf were unceasing. His long experience as a legislator in Congress, and in the Legislature of the State, gave him that influence which, joined to a naturally strong and active intellect, rendered him a powerful supporter of the roads. Day and night saw him busy in the contest.
"Do you think Cruger ever sleeps ?" said Mr. Sill, one day to Mr. Granger.
"Yes ; with one eye open," was the reply.
"Say with both eyes open," said Mr. Sill, "and then you will have it right."
Towards the close of the session, the contest came to a decisive issue on a motion to indefinitely postpone the construction of the roads, which was carried by a vote of fifty to forty-eight, and thus the great measure of the southern tier counties was defeated. But the indignation which followed its defeat resulted in another project, more stupendous when it was pro- posed, than was that for the construction of the Erie canal. It was a proposal to build a railroad by which the city of New York would be united with the shores of Lake Erie. This project seemed at first too chim- erical to be seriously entertained ; it seemed to belong to what Colonel Young styled "a profligate career of internal improvement."
With the adjournment of the Legislature of 1826,
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the legislative career of General Cruger closed forever. The influence which he exerted in the Assembly and in Congress, has already been alluded to. Much of this was due to the natural suavity of his manners and his popular talents, but more to the consummate skill and ability with which he planned his measures, and the indomitable energy with which he carried those measures into execution.
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