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 58
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That the Federal leaders detected faults in the political character of Mr. Van Buren, cannot be denied ; for with his consummate skill and ability- with his strength of character as a statesman, he pos- sessed those unscrupulous arts without which polit- ical power is rarely attained. One of the secrets of his success was the skill and discernment with which he selected his friends. In this, he imitated the
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subtle power of Cardinal Richelieu, Buckingham, and Halifax.
When Van Buren removed to Albany, Mr. Butler accompanied him. He soon attracted the attention of several distinguished gentlemen, who regarded him "as a student of great brilliancy and promise." This reputation was justly due to him, for he studied with untiring industry ; his mind took a deep hold upon the subject he sought to investigate, and the tenacity of his memory was most extraordinary. Whatever he learned was not easily obliterated from his mind. He cultivated with great assiduity the power of reflec- tion-one of the best qualifications that a student can possess ; yet as it is susceptible of cultivation, it is within the power of all.
While a student, Mr. Butler became a member of the Presbyterian Church then under the charge of the late Doctor Chester, and, soon after, the super- intendent of its Sunday school. In this capacity he gained the affection and confidence of teachers and scholars, by means of his winning character and that unflinching devotion to duty which was his ruling trait. His addresses were short, but well considered and impressive. The devotional exercises were con- ducted with great simplicity of manner, but with gen- uine earnestness, and hence, lasting effect.
In October, 1827, he was called to the bar. In 1818, he was married to Miss Allen, a young lady of many accomplishments. She was a sister of the gal- lant Lieutenant William H. Allen, who distinguished himself in the engagement between the frigate United States, and the British ship of war Macedonian, in 1812, and who was afterwards killed by pirates in the Gulf of Mexico.
Immediately after he was called to the bar, he be- came the partner of Mr. Van Buren, a relation which continued until 1817, when the latter was appointed a senator in Congress, and partially withdrew from the profession. Such, however, was Mr. Van Buren's
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brilliant reputation as a lawyer, that he was often compelled to assume the management of important cases brought to him by old clients. Among those which he consented to conduct, after his appointment to the Senate, was Wilkes v. Lion, and Varick v. Johnson, in the Court for the Correction of Errors. The labor bestowed upon their preparation was im- mense ; but he was ably assisted by Mr. Butler, who manifested those powers of application and research for which he was afterwards so distinguished. Aaron Burr was Mr. Van Buren's colleague.
These cases, or rather this case, for they were in fact but one case, is the well-known Medcef Eden case, with which the courts of the State were engaged so long that "it became as familiar as the cause of Jarndice ». Jarndice." It was commenced by Colonel Burr, after his return from Europe, when reduced to poverty and want, and was the great object of his life for several years. "His management of this case," says Mr. Parton, " was remarkable and char- acteristic. Medcef Eden was a New York brewer, who made a great fortune, and dying in 1798, left his two sons a large amount of real estate upon the island of Manhattan. The two sons were to share the prop- erty equally, and if either died childless the survivor was to inherit the deceased's share. These young men, partly through their own extravagance, but chiefly through the dishonest sharpness of creditors, ran through their property in two or three years and were reduced to poverty. Their case was submitted afterwards to the two leaders of the New York bar, Alexander Hamilton and Aaron Burr, and the ques- tion was proposed, whether the estate could be recov- ered. Hamilton said it could not ; Burr was of the opinion that it could. Hamilton's opinion was adopted ; no proceedings were attempted ; the matter was forgotten ; and the Edens lived on in poverty. After Burr's return from Europe, he was reminded of it by hearing of the death of one of the brothers.
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Meanwhile the estate had enormously increased in value. Inquiring for the surviving brother, he found him in Westchester county, immersed in debt, and residing within a debtor's 'limits'. The result was, that Burr, moneyless and in debt as he was, under- took to recover the estate ; Eden agreeing to follow his advice in all things, to be in fact the passive in- strument in his hands. Burr brought Eden, his wife, and two daughters to the city, established them in his own house, sent the daughters to school, and labored with the same assiduity for their mental improve- ment as he had done in former times for his own daughter, Theodosia's.
" He went craftily to work. The valuable parts of the estate lay in the city itself, held by banks and other wealthy corporations. He let these alone, for a while, and confined his first efforts to the recovery of a small farm in the upper part of the island, his object being to get the principle quietly established, upon which to found the more important suits. The owner of the farm was informed of this intention, and it was further intimated to him, that if he would not seriously con- test and prolong the suit, he should be allowed to buy back his farm on his own terms. Mr. Burr won the suit. The case was appealed. He was again success- ful. Then he came down upon the owners of the city lots with a pelting storm of writs of ejectment, to their surprise and alarm. Mr. Burr won suit after suit, and recovered in time a very large amount of prop- erty."
These cases involved the most intricate questions known in the law, and by the time they came to the knowledge of Mr. Butler, the points and questions to be examined were innumerable. While he was en- gaged on them, Colonel Burr often visited Albany. making valuable suggestions to him. A week before the argument of the first case took place, he was al- most constantly by the side of Mr. Butler in the office. Mr. Van Buren was present enough of the time to un-
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derstand the case sufficiently to conduct the argument. At the earnest solicitation of Mr. Burr, Mr. Butler was present at the argument of both cases, and opened the last one, much to the satisfaction of his distin- guished associates.
The last causes which Mr. Van Buren ever tried before a jury, were the Astor case and that of the Sail- or's Snug Harbor. They were tried in New York city, in the autumn of 1827; and in both he was as- sisted by Mr. Butler.
For two or three years after his admission to the bar, Mr. Butler confined himself to the Circuit Courts, attaining a respectable reputation as a jury lawyer.
In 1820, he argued the case of The People v. Foot. His opponent was the late Thomas J. Oakley, who was then ranked among the great lawyers of the State. Soon after this, he argued the celebrated case of The President and Directors of the Bank of Auburn v. Blanchard and others. He was opposed by Daniel Cady. One of his first cases in the Court for the Cor- rection of Errors, was that of Manahan v. Gibson, a case of great importance. The opposing counsel was that giant at the bar, J. V. Henry.
In the argument of the celebrated case of Troup v. Smith, and also in that of Morton v. Cragan, he was associated with Samuel A. Talcott. Between Mr. Butler and Mr. Talcott there existed a warm personal friendship. The mighty intellect of the former was linked to many high-toned and generous sentiments. He who in his speeches made those magical transi- tions from the subtlest argument to the deepest pathos, saw in a mind like Butler's something highly attractive to him, and they were frequently associated in important cases. As we have seen in the life of Daniel Lord, on his first appearance in the Court of Errors, they were opposed to him.
Mr. Butler soon appeared so often in the Supreme Court and Court of Errors, that a history of his cases would amount to volumes. He took his place with
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the ablest and most distinguished lawyers then at the bar-many of them the great lawyers of the nation.
In 1821, he was appointed district-attorney of Al- bany county. He had then been at the bar as an attorney four years, and one year as a counselor- which sufficiently explains his standing as a lawyer. He held that office until January, 1825. Though the labors it entailed were heavy, and the responsibilities great, yet his success was in proportion to his labor, and he retired with the well-earned commendations of the public.
Before his official term expired, a law was passed by the Legislature of 1824, appointing Chancellor Kent, Erastus Root, and Benjamin F. Butler, com- missioners to revise the laws of the State ; but as these gentlemen did not enter upon the duties thus assigned them, the Legislature of 1825 passed another act, by which Mr. Butler, John Duer, and Henry Wheaton, were made commissioners to revise the statute laws. Soon after this. appointment, Mr. Wheaton became charge d'affaires to the Court of Berlin, and Mr. Spencer was appointed in his place. The participa- tion of the latter in the revision has been referred to in another part of this work.
As has been well said by a distinguished member of the bar, "the selection of Mr. Butler, who had then so recently commenced his practice, carried with it evidence of the high estimation in which he was held by the Legislature. It was an undertaking of great hazard to his professional reputation, as well as of great labor. It necessarily involved for a time the almost entire sacrifice of his business, as he was obliged to devote himself almost exclusively to that duty. He undertook it; and, notwithstanding the prejudices which it at first encountered, it was carried through to a successful termination." And, in the language of Judge Kent, " All who knew the indom- itable energy of John C. Spencer, will readily believe that his spirit pervaded the whole work, but judging
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from internal evidence, I cannot avoid believing that much of the essential excellence of the Revised Stat- utes, and more of the labor which adapted them to our general system of jurisprudence, the plan and order of the work, the learning of the notes, the mar- ginal references, and the admirable index which ac- companies it, should be ascribed to the labor, the patient touches of unwearied art, bestowed by Mr. Butler."
Those statutes, however, reveal the learning, skill, labor, and masterly ability of each of their great au- thors. If we trace upon them "the patient touches of unwearied art bestowed by Mr. Butler," if we find upon them evidence of the energy of thought, "knowl- edge of the law, and power of analysis," which char- acterized Mr. Spencer, we also find the indubitable evidence of the scholastic, mature, and lucid intellect of the gifted Duer, whose mind was replete with legal learning, rendered practical by long experience at the bar, and daily observation of our system of jurispru- dence.
The revisers applied themselves without interrup- tion to the discharge of their duties, until the comple- tion of their work. The professional engagements of Mr. Duer, however, prevented him from fully partici- pating with his co-commissioners in preparing the third and fourth parts of the statutes, as presented to the Legislature, although he occasionally met and advised his colleagues.
When the work was completed, the revisers, in- stead of arrogating to themselves all the honor which was naturally due to all who shared in it, publicly acknowledged the obligations they were under to vari- ous persons who aided them. "It is due to truth and justice," they said, "to remark that in the course of enactment, many alterations were made. Some of them were proposed by the joint committee from the Senate and Assembly to whom the several chapters were referred, and others were suggested by indi-
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vidual members of the Legislature, who brought to the task the various and practical knowledge so es- sential to the perfection of the work; and who with unwearied diligence devoted their time and labor to its completion."
In 1813, John Woodworth and William W. Van Ness, two of the most distinguished lawyers at the bar of the State, who subsequently became jus- tices of the Supreme Court, had prepared two vol- umes called "Revised Laws of the State." The abil- ity and research which the authors manifested in their preparation, rendered the Revised Laws of great advantage to the revisers of 1825.
"The public statutes in force at the time of the revision, constituted the base of the Revised Statutes ; while in numerous instances, the rules of the common law were reduced to a written text, and inserted in their proper place in connection with the statutory provisions on the subjects to which they relate; and in other instances, those rules were enlarged, modi- fied, and varied, more fully to conform to the nature of our government and the habits and exigencies of the people."
Like the laws of the twelve tables, which were engraven on brass by the jurisconsults, and set up in a public place, in order that every one might know his rights and their extent; so the Revised Statutes dic- tate to every citizen his rights under the laws.
At length a new edition of the statutes was de- manded by the people from all parts of the State, and the revisers were once more called to the work. They acceded to the request. The whole existing statute law of a general nature, all the acts of the Legisla- ture, passed since 1828, were carefully examined, and the statutes themselves critically reviewed and rear- ranged with annotations and references to the deci- sions based upon the Revised Statutes, made by the Supreme Court, the Court of Chancery, and the Court for the Correction of Errors.
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"In preparing this edition, the statutes collated, and the copy of the text as published, were furnished by John C. Spencer ; while the labors of Mr. Butler and Mr. Duer were confined to the examination of the text so prepared, and the preparation of the ex- tracts from the reports of the revisers, with the ac- companying notes, and other matters which are in- serted in the third volume."
This new edition was reported to the Legislature at its annual session in the winter of 1836, and by appropriate acts was passed as the statutes of the State. Other editions have succeeded it, embracing the acts since passed ; and they are voluminous, but indispenable works in the library of the practicing lawyer.
"The principle of the revision was wise and con- servative. Acknowledged evils were removed ; doubts were cleared away ; the doctrines of important decis- ions were extended ; anomalies were suppressed or reconciled ; but all the essence of the old laws was preserved, and even the habits of lawyers were wisely respected."
The statutes, when completed by these revisers compared favorably with any code of laws which had ever before appeared. They resemble in the manner of their preparation and the material of which they were composed, the works of Justinian, who in 528 appointed ten lawyers, with directions to make a selection from all the constitutions of his pre- decessors, including those contained in preceding codes, and modify them so that they would conform to the usages of the times, and to arrange the whole under appropriate titles. This work was known as the Codex Vetus. It consisted of twelve volumes, and occupied the commissioners fourteen months. When it was completed, Justinian appointed a new commis- sion, consisting of seventeen jurists, chief of whom was Tribonian, who had belonged to the former commis- sion. The new commissioners were directed to sub-
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ject the writings of the old jurists to the same process as the previous commission had the constitutions, and the old codes ; that is, they were to read and correct (elimare) all the works of the ancient jurisconsults which were considered as authoritative, and to com- pose therefrom a body of jurisprudence which should contain nothing superfluous or contradictory, and which should take the place of those old works, excluding from the collection all that had not been authorized by the imperial authority, or sanctioned by usage. This work was contained in fifty volumes, and called the Digests or Pandects. It occupied the time of the commissioners three years, and when com- pleted, Justinian prohibited any one from incumber- ing the work with the verbose interpretations with which the civil law had been inundated. Perhaps the caution of that sagacious emperor would not be out of place in the present age.
It is said that Mr. Butler, with great patience and persevering industry, investigated the plan upon which the Roman commissioners proceeded with their work, and applied the same process to the codes of modern Europe. It is no exaggeration to say that the works of the New York revisers are destined to exist as long as laws are respected and obeyed. The Revised Statutes have been adopted as models by many of our sister States ; "while many of their pro- visions have been incorporated in the legislation of Great Britain, as will be apparent to any one who examines the British statutes."
"Mr. Butler's exertions in regard to this great work were not confined to his proper task as a reviser ; for he was elected a member of the Legislature of 1828, and during the extra session, which convened Sep- tember 9th of that year, for the special purpose of considering the proposed revision, he was indefatiga- ble and prominent in regard to the subject. The only consideration which induced him to accept a seat in
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the Assembly, was his desire to aid that body in its deliberations on the work which he and his col- leagues had submitted to it, and his services were therefore invaluable. John C. Spencer was then a member of the Senate, and held the same relation to that body which Mr. Butler did to the Assembly.
"One of the most distinguished members of the Sen- ate at this time, was Ambrose L. Jordan, of Hud- son, N. Y. He occupied even at that early period an enviable position at the bar of the State ; his great learning and legal abilities are evinced by a long and brilliant professional career. He was peculiarly qual- ified for the work which was then before the Legisla- ture, and entered upon it with great alacrity, devoting to it all his abilities and energies. The deliberations of the Senate upon the statutes were materially aided by him. Both Mr. Spencer and Mr. Butler publicly acknowledged the value of his services. This extra session closed on the 10th of December, 1828, all its proceedings having been harmonious, and all the pro- visions of the Revised Statutes having been adopted subject to such amendments as were incorporated in the act or acts by which they became the legal statutes of the State."
Early in the month of February, 1829, William L. Marcy, one of the regents of the university, resigned, and Mr. Butler was soon after appointed in his place. It has been said that this is the only office he held that did not impose upon him responsible and toil- some duties.
In 1833, Mr. Marcy again gave him an opportu- nity for advancement. The former was then United States senator ; but having been elected governor of the State, he resigned his seat in the Senate. The friends of Mr. Butler desired him to become Mr. Mar- cy's successor ; but although his party was then dom- inant in the State, and there was no doubt of his unanimous nomination, he declined the distinguished honor, adhering rigidly to a determination which he
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early adopted, "never to accept any office which would withdraw him from his professional studies and pursuits." Soon after this, he was appointed to an- other position, more congenial to his tastes and his profession.
During a period of fifty years, a dispute had ex- isted as to the boundary line between New York and New Jersey. So serious was this difficulty, that it frequently led to bloody collisions between the citi- zens residing near the disputed line. At length a commissioner was appointed by each State, with full power to adjust it. Mr. Butler was appointed such commissioner for the State of New York, and Theo- dore Frelinghuysen, for the State of New Jersey. The acknowledged ability, the large experience, and exten- sive learning of these commissioners, the similarity of their minds, and more than all, their great caution and conscientiousness, rendered their appointment exceed- ingly fortunate for both States. They gave the matter a patient, thorough, and impartial investigation, and then, in the spirit of an enlightened and liberal com- promise, brought the difficulty to an adjustment which was satisfactory to all parties and to every conflicting interest.
In the autumn of 1833, before the labors of the New Jersey commission were terminated, Mr. Butler was appointed attorney-general of the United States, in place of the late Roger B. Taney, who was made chief justice of the United States.
This appointment was exceedingly gratifying to all parties, a fact which was manifested by the follow- ing circumstance. A few days before Mr. Butler's departure for Washington to enter upon the duties of his office, the citizens of Albany, without distinction of party, assembled and expressed their regard for his virtues as a citizen, and their admiration for his talents as a lawyer. Among those who addressed the meeting, were Stephen Van Rensselaer, Abraham Van Vechten, and Harmanus Bleecker. This circum.
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stance alone, speaks volumes for the private and pro- fessional character of Mr Butler.
In October, 1836, while still discharging his duties as attorney-general, he was appointed secretary of war in the Cabinet of President Jackson, and held the two offices until the 4th of March, 1837. This last appointment was accepted by him with great reluct- ance, and only at the earnest solicitation of the presi- dent. In the department of war, there was at this time a large accumulation of business, owing to the Seminole war ; "but Mr. Butler, by his assiduity, care, and systematic method, brought up the arrears of business, and left the department in a satisfactory state to his successor."
The legal opinions rendered by him while attorney- general, are written with much force and perspicuity, evincing an extended and intimate acquaintance with all the duties of the office. They abound in learn- ing and research. The questions submitted to him were examined with a depth of thought and calm re- flection, and with a large perception of relations which left no obscurity or vagueness. Indeed, his opinions were regarded as dignified state papers bearing the impress of an accomplished and enlightened mind, losing nothing when compared with those of his great and learned predecessors.
On the 10th of April, 1835, he gave his opinion on the acts of the postmaster-general, and how far they are conclusive. Perhaps none of his opinions attracted more attention or gave more general satisfaction than this. From the organization of the government down to that time, many of the duties and powers of the postmaster-general had remained undefined or uncer- tain. Mr. Butler thoroughly examined the duties, responsibilities, and powers of that officer, and his conclusions were entirely satisfactory to the large number of persons interested in the opinion. His learned and able successor, Mr. Grundy, of Tennessee, in referring to this opinion, says :
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"My distinguished predecessor, Mr. Butler, of New York, has examined this question so thoroughly -has brought to the consideration of it so much legal learning, and has arrived at such equitable and rea- sonable conclusions, that I do not regard it necessary for me to spend a moment's time in considering it, for I am confident that I could arrive at no conclusions which would differ from his."
In March, 1838, he gave his opinion upon the duties of the attorney-general, in which, among other things, he decided that this officer has no authority to settle questions of fact, nor to give any decision or advice on questions of law, except for the assistance of the officer calling for his opinion on points stated ; that he is obliged to take the facts of a case to be as they are stated to him, and to predicate thereon. His opinion, delivered May 20th, 1837, on the question of damages for the unlawful detention of vessels, ex- hibits a laborious and discriminating examination of a very large number of adjudicated cases, both in the State and Federal courts, each one of which is con- sidered and compared with judicial wisdom and dis- cernment.
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