When Clinton and Spencer finished their work a single Federalist, Josiah Ogden Hoffman, the attorney-general, remained in office, and he survived only until Ambrose Spencer could take his place. Soon afterward Spencer was advanced to the Supreme Court in place of Jacob Radcliff, a promotion that filled Federalists with the greatest alarm.

Looking back upon the distinguished career of Chief Justice Spencer, it seems strange, almost ridiculous, in fact, that his appointment to the bench should have given rise to such fears; but Spencer had been the rudest, most ferocious opponent of all. The Federalists were afraid of him because they believed with William P. Van Ness, the young friend of Burr, that he was "governed by no principles or feelings except those which avarice and unprincipled ambition inspired."[121] Van Ness wrote with a pen dipped in gall, yet, if contemporary criticism be accepted, he did not exaggerate the feeling entertained for Spencer by the Federalists of that day. Like DeWitt Clinton, he was a bad hater, often insolent, sometimes haughty, and always arbitrary. After he left the Federalist party and became a member of the celebrated Council of 1801, he seemed over-zealous in his support of the men he had recently persecuted, and unnecessarily severe in his treatment of former a.s.sociates. "The animosity of the apostate," said Van Ness, "cannot be controlled. Savage and relentless, he thirsts for vengeance. Such is emphatically the temper of Ambrose Spencer, who, after his conversion, was introduced to a seat in the Legislature, by his new friends, for the express purpose of perplexing and persecuting his old ones."[122] Spencer never got over being a violent partisan, but he was an impartial, honest judge.

The strength of his intellect no one disputed, and if his political affiliations seemed to warp his judgment in affairs of state, it was none the less impartial and enlightened when brought to bear on difficult questions of law.

[Footnote 121: _Letters of "Aristides"_, p. 42.]

[Footnote 122: _Letters of "Aristides"_, p. 42.]

The timely resignation of John Armstrong from the United States Senate made room for DeWitt Clinton, who, however, a year later, resigned the senatorship to become mayor of New York. The inherent strength of the United States Senate rested, then as now, upon its const.i.tutional endowment, but the small body of men composing it, having comparatively little to do and doing that little by general a.s.sent, with no record of their debates, evidently did not appreciate that it was the most powerful single chamber in any legislative body in the world. It is doubtful if the framers of the Const.i.tution recognised the enormous power they had given it. Certainly DeWitt Clinton and his resigning colleagues did not appreciate that the combination of its legislative, executive, and judicial functions would one day practically dominate the Executive and the Congress, for the reason that its members are the const.i.tutional advisers of the President, without whose a.s.sent no bill can become a law, no office can be filled, no officer of the government impeached, and no treaty made operative.

In taking leave of the United States Senate, Clinton probably gave little thought to the character of the place, whether it was a step up or a step down to the mayoralty. Just then he was engaged in the political annihilation of Aaron Burr, and he felt the necessity of entering the latter"s stronghold to deprive him of influence. Out of six or seven thousand appointments made by the Council of Appointment not a friend of Aaron Burr got so much as the smallest crumb from the well-filled table. Even Burr himself, and his friend, John Swartout, were forced from the directorate of the Manhattan Bank that Burr had organised. "With astonishment," wrote William P. Van Ness, "it was observed that no man, however virtuous, however unspotted his life or his fame, could be advanced to the most unimportant appointment, unless he would submit to abandon all intercourse with Mr. Burr, vow opposition to his elevation, and like a feudal va.s.sal pledge his personal services to traduce his character and circulate slander."[123]

[Footnote 123: _Letters of "Aristides"_, p. 69.]

Governor Clinton feebly opposed this wholesale slaughter by refusing to sign the minutes of the Council and by making written protests against its methods; but greater emphasis would doubtless have availed no more, since the const.i.tutional convention had reduced the governor to the merest figurehead. His one vote out of five limited the extent of his prerogative. Power existed in the combine only, and so well did DeWitt Clinton control that when the famous Council of 1801 had finished its work nothing remained for succeeding Councils to do until Clinton, the prototype of the party boss, returned in 1806 to crush the Livingstons.

Occasionally a decapitated office-holder fiercely resented the Council"s action, and, to make it sting the more, complimented the Governor for his patriotic and unselfish opposition. John V. Henry evidenced his disgust by ever after declining public office, though his party had opportunities of recognising his great ability and rewarding his fidelity. Ebenezer Foote, a bright lawyer, who took his removal from the clerkship of Delaware County very much to heart, opened fire on Ambrose Spencer, charging him with base and unworthy motives in separating from the Federalists. To this Spencer replied with characteristic rhetoric. "Your removal was an act of justice to the public, inasmuch as the veriest hypocrite and the most malignant villain in the State was deprived of the power of perpetuating mischief. If, as you insinuate, your interests have by your removal been materially affected, then, sir, like many men more honest than yourself, earn your bread by the sweat of your brow."[124]

[Footnote 124: Jabez D. Hammond, _Political History of New York_, Vol.

1, p. 177.]

At Washington, Jefferson had rewarded friends as openly as DeWitt Clinton took care of them in Albany. In telling the story, James A.

Bayard of Delaware produced an oratorical sensation in the House of Representatives. "And now, sir, let me ask the honourable gentleman,"

said the congressman, in reply to William Giles" defence of the Virginia President, "what his reflections and belief will be when he observes that every man on whose vote the event of Mr. Jefferson"s election hung has since been distinguished by presidential favour. Mr.

Charles Pinckney of South Carolina was one of the most active, efficient and successful promoters of the election of the present chief magistrate, and he has since been appointed minister plenipotentiary to the court of Madrid--an appointment as high and honourable as any within the gift of the Executive. I know what was the value of the vote of Mr. Claiborne of Tennessee; the vote of a State was in his hands. Mr. Claiborne has since been raised to the high dignity of governor of the Mississippi Territory. I know how great, and how greatly felt, was the importance of the vote of Mr.

Linn of New Jersey. The delegation of the State consists of five members; two of the delegation were decidedly for Mr. Jefferson, two were decidedly for Mr. Burr. Mr. Linn was considered as inclining to one side, but still doubtful; both parties looked up to him for the vote of New Jersey. He gave it to Mr. Jefferson; and Mr. Linn has since had the profitable office of supervisor of his district conferred upon him. Mr. Lyon of Vermont was in this instance an important man; he neutralised the vote of Vermont; his absence alone would have given the State to Mr. Burr. It was too much to give an office to Mr. Lyon; his character was low; but Mr. Lyon"s son has been handsomely provided for in one of the executive offices. I shall add to the catalogue but the name of one more gentleman, Mr. Edward Livingston of New York. I knew well--full well I knew--the consequence of this gentleman. His means were not limited to his own vote; nay, I always considered more than the vote of New York within his power. Mr.

Livingston has been made the attorney for the district of New York; the road of preferment has been opened to him, and his brother has been raised to the distinguished place of minister plenipotentiary to the French Republic."[125]

[Footnote 125: Henry Adams, _History of the United States_, Vol. 1, pp. 294-5.]

Albert Gallatin, Jefferson"s secretary of the treasury, thought Burr less selfish than either the Clintons or the Livingstons, and, on the score of office-seeking, Gallatin was probably correct. But Burr, if without relatives, had several devoted friends whom he pressed for appointment, among them John Swartout for marshal, Daniel Gelston for collector, Theodorus Bailey for naval officer, and Matthew L. Davis for supervisor. Swartout succeeded, but DeWitt Clinton, getting wind of the scheme, entered an heroic protest to Jefferson, who quickly concurred in Clinton"s wishes without so much as a conference with Gallatin or Burr. The latter, hearing rumours of the secret understanding, sent a sharp letter to Gallatin, pressing Davis"

appointment on the ground of good faith, with a threat that he would no longer be trifled with; but Gallatin was helpless as well as ignorant, and the President silent. Davis" journey to Monticello developed nothing but Jefferson"s insincerity, and on his return to New York the press laughed at his credulity.

This ended Burr"s pretended loyalty to the Administration. On his return to Washington, in January, 1802, he quietly watched his opportunity, and two weeks later gave the casting vote which sent Jefferson"s pet measure, the repeal of the judiciary act of 1801, to a select committee for delay, instead of to the President for approval.

Soon after, at a Federalist banquet celebrating Washington"s birthday, Burr proposed the toast, "The union of all honest men." This was the fatal stab. The country didn"t understand it, but to Jefferson and the Clintons it meant all that Burr intended, and from that moment DeWitt Clinton"s newspaper, the _American Citizen and Watchtower_, owned by his cousin and edited by James Cheetham, an English refugee, took up the challenge thus thrown down, and began its famous attack upon the Vice President.

Burr"s conduct during those momentous weeks when Federalists did their utmost to make him President, gave his rivals ample ground for creating the belief that he had evidenced open contempt for the principles of honest dealing. Had he published a letter after the Federalists decided to support him, condemning their policy as a conspiracy to deprive the people of their choice for President, and refusing to accept an election at their hands if tendered him, it must have disarmed his critics and smoothed his pathway to further political preferment; but his failure so to act, coupled with his well-known behaviour and the activity of his friends, gave opponents an advantage that skill and ability were insufficient to overcome.

James Cheetham handled his pen like a bludgeon. Even at this distance of time Cheetham"s "View of Aaron Burr"s Political Conduct," in which is traced the Vice President"s alleged intrigues to promote himself over Jefferson, is interesting and exciting. Despite its bitter sarcasm and torrent of vituperation, Cheetham"s array of facts and dates, the designation of persons and places, and the bold a.s.sumptions based on apparent knowledge, backed by foot-notes that promised absolute proof if denial were made, impress one strongly. There is much that is weak, much that is only suspicion, much that is fanciful.

A visit to an uncle in Connecticut, a call upon the governor of Rhode Island, a communication sent under cover to another, letters in cipher, pleasant notices in Federalist newspapers, a journey of Timothy Green to South Carolina--all these belong to the realm of inference; but the method of blending them with well established facts was so artful, the writer"s sincerity so apparent, and the strokes of the pen so bold and positive, that it is easy to understand the effect which Cheetham"s accusation, taken up and ceaselessly repeated by other papers, would have upon the political fortunes of Burr.

Nevertheless the Vice President remained silent. He did not feel, or seem to feel, newspaper criticism with the acuteness of a sensitive nature trying to do right. "They are so utterly lost on me that I should never have seen even this," he wrote Theodosia, "but that it came inclosed to me in a letter from New York." Still Cheetham kept his battery at work. After his "Narrative" came the "View," and then, in 1803, "Nine Letters on the Subject of Burr"s Defection," a heavier volume, a sort of siege-gun, brought up to penetrate an epidermis heretofore apparently impregnable. Finally, the Albany _Register_ took up the matter, followed by other Republican papers, until their purpose to drive the grandson of Jonathan Edwards from the party could no longer be mistaken.[126]

[Footnote 126: "All the world knew that not Cheetham, but DeWitt Clinton, thus dragged the Vice President from his chair, and that not Burr"s vices but his influence made his crimes heinous; that behind DeWitt Clinton stood the Virginia dynasty, dangling Burr"s office in the eyes of the Clinton family, and lavishing honours and money on the Livingstons. All this was as clear to Burr and his friends as though it was embodied in an Act of Congress."--Henry Adams, _History of the United States_, Vol. 1, pp. 331, 332.]

Burr"s coterie of devoted friends so understood it, and when the gentle Peter Irving, whose younger brother was helping the newly established _Chronicle_ into larger circulation by his Jonathan Oldstyle essays, showed an indisposition as editor of the Burrite paper to vituperate and lampoon in return, William P. Van Ness, the famous and now historic "Aristides," appeared in the political firmament with the suddenness and brilliancy of a comet that dims the light of stars.

Van Ness coupled real literary ability with political audacity, putting Cheetham"s fancy flights and inferences to sleep as if they were babes in the woods. It was quickly seen that Cheetham was no match for him. He had neither the finish nor the venom. Compared to the sentences of "Aristides," as polished and attractive as they were bitter and ill-tempered, Cheetham"s periods seemed coa.r.s.e and tame.

The letters of Junius did not make themselves felt in English political life more than did this pamphlet in the political circles of New York. It was novel, it was brilliantly able, and it drove the knife deeper and surer than its predecessors. What Taine, the great French writer, said of Junius might with equal truth be said of "Aristides," that if he made his phrases and selected his epithets, it was not from the love of style, but in order the better to stamp his insult. No one knew then, nor until long afterward, who "Aristides"

was--not even Cheetham could pierce the _incognito_; but every one knew that upon him the full mind of Aaron Burr had unloaded a volume of information respecting men, their doings and sayings, which enriched the work and made his rhetoric an instrument of torture. It bristled with history and character sketches. Whatever the Vice President knew, or thought he knew, was poured into those eighty pages with a staggering fulness and disregard of consequences that startled the political world and captivated all lovers of the brilliant and sensational in literature. Confidences were revealed, conversations made public, quarrels uncovered, political secrets given up, and the gossip of Council and Legislature churned into a story that pleased every one. What Hamilton"s attack on Adams did for Federalists, "Aristides"" reply to Cheetham did for the Republicans; but the latter wrote with a ferocity unknown to the pages of the great Federalist"s unfortunate letter.

"Aristides" struck at everybody and missed no one. The Governor "has dwindled into the mere instrument of an ambitious relative;"

Tillotson was "a contemptible shuffling apothecary, without ingenuity or devise, or spirit to pursue any systematic plan of iniquity;"

Richard Riker was "an imbecile and obsequious pettifogger, a vain and contemptible little pest, who abandoned the Federal standard on the third day of the election, in April, 1800;" John McKisson, "an execrable compound of every species of vice," was the man whom Clinton "exultingly declared a great scoundrel." The attack thus daringly begun was steadily maintained. Ambrose Spencer was "a man as notoriously infamous as the legitimate offspring of treachery and fraud can possibly be;" Samuel Osgood, "a born hypocrite, propagated falsehood for the purpose of slander and imposition;" Chancellor Livingston, "a capricious, visionary theorist," was "lamentably deficient in the practical knowledge of a politician, and heedless of important and laborious pursuits, at which his frivolous mind revolted."

The greatest interest of the pamphlet, however, began when "Aristides," taking up the cause of Burr, struck at higher game than Richard Riker or Ambrose Spencer. DeWitt Clinton was portrayed as "formed for mischief," "inflated with vanity," "cruel by nature," "an object of derision and disgust," "a dissolute and desperate intriguer," "an adept in moral turpitude, skilled in all the combination of treachery and fraud, with a mind matured by the practice of iniquity, and unalloyed with any virtuous principle." "Was it not disgraceful to political controversy," continues "Aristides,"

with an audacity of denunciation and sternness of animosity, "I would develop the dark and gloomy disorders of his malignant bosom, and trace each convulsive vibration of his wicked heart. He may justly be ranked among those, who, though dest.i.tute of sound understandings, are still rendered dangerous to society by the intrinsic baseness of character that engenders hatred to everything good and valuable in the world; who, with barbarous malignity, view the prevalence of moral principles, and the extension of benevolent designs; who, foes to virtue, seek the subversion of every valuable inst.i.tution, and meditate the introduction of wild and furious disorders among the supporters of public virtue. His intimacy with men who have long since disowned all regard to decency and have become the daring advocates of every species of atrocity; his indissoluble connection with those, who, by their lives, have become the finished examples of profligacy and corruption; who have sworn enmity, severe and eternal, to the altar of our religion and the prosperity of our government, must infallibly exclude him from the confidence of reputable men. What sentiments can be entertained for him, but those of hatred and contempt, when he is seen the constant a.s.sociate of a man whose name has become synonymous with vice, a dissolute and fearless a.s.sa.s.sin of private character, of domestic comfort, and of social happiness; when he is known to be the bosom friend and supporter of the profligate and abandoned libertine, who, from the vulgar debauches of night, hastens again to the invasion of private property. Who, through the robbery of the public revenue, and the violation of private seals, hurries down the precipice of deep and desperate villainy."

This parting shot at Cheetham penetrated the most secret corners of private life, and leaves an impression that Cicero"s denunciation of Catiline had delighted the youth of "Aristides." It would be fruitless to attempt the separation of the truth from the undeserved reproaches of Van Ness, but at the end of the discussion, Burr"s character had not benefited. However unscrupulous and selfish the Clintons and the Livingstons might be, Burr"s unprincipled conduct was fixed in the mind of his party, not by Cheetham"s indulgence in fancy and inference, but by the well known and well established facts of history, which no rhetoric could wipe out, and no denunciation strengthen.

In the days of the duello such a war of words could hardly go on for two or three years without a resort to the pistol. Cheetham"s pen had stirred up the tongues of men who resented charge with countercharge, and the high spirited United States marshal, John Swartout, the only friend of Burr in office, was quick to declare that DeWitt Clinton"s opposition to the Vice President was based upon unworthy and selfish motives. Clinton answered promptly and pa.s.sionately. The Governor"s nephew displayed a fondness for indulging the use of epithets even in mature years, after he had quarrelled with William L. Marcy and Martin Van Buren. In those calmer days when age is supposed to bring a desire for peace, he was accustomed to call Erastus Root "a bad man," Samuel Young "much of an imbecile," Marcy "a scoundrel," and Van Buren "the prince of villains." Just now, however, Clinton was younger, only thirty-two years old, about the age of Swartout, and on hearing of the latter"s criticism he trebled his epithets, p.r.o.nouncing him "a liar, a scoundrel and a villain." Swartout quickly demanded a retraction, which Clinton declined unless the Marshal first withdrew his offensive words. Thereupon, the latter sent a challenge, and Clinton, calling in his friend, Richard Riker, the district attorney, met his adversary the next day at Weehawken and exchanged three shots without effect. On the fourth Clinton"s bullet struck Swartout"s left leg just below the knee, and while the surgeon was cutting it out, the Marshal renewed his demand for an apology. Clinton still refused, although expressing entire willingness to shake hands and drop the matter. On the fifth shot, the Marshal caught Clinton"s ball in the same leg just above the ankle. Still standing steadily at his post and perfectly composed, Swartout demanded further satisfaction; but Clinton, tired of filling his antagonist with lead, declined to shoot again and left the field.

In the gossip following the duel, Riker reported Clinton as saying in the course of the contest, "I wish I had the princ.i.p.al here."[127] The princ.i.p.al, of course, was Burr, to whose house the wounded Swartout was taken. "No one ever explained," says Henry Adams,[128] "why Burr did not drag DeWitt Clinton from his ambush and shoot him, as two years later he shot Alexander Hamilton with less provocation."

[Footnote 127: Henry Adams, _History of the United States_, Vol. 1, p.

332.]

[Footnote 128: _Ibid._, 332.

Writing to Henry Post of the duel, Clinton (using the name, "Clinton,"

instead of the p.r.o.noun "I") said: "The affair of the duel ought not to be brought up. It was a silly affair. Clinton ought to have declined the challenge of the bully, and have challenged the princ.i.p.al, who was Burr. There were five shots, the antagonist wounded twice, and fell.

C. behaved with cool courage, and after the affair was over challenged Burr on the field."--_Harper"s Magazine_, Vol. 50, p. 565. "How Clinton should have challenged Burr on the field," writes John Bigelow, in _Harper"s New Monthly Magazine_ for May, 1875, "without its resulting in a meeting is not quite intelligible to us now. Though not much given to the redress of personal grievances in that way, Burr was the last man to leave a hostile message from an adversary like Clinton, then a Senator of the United States, unanswered."]

Out of this quarrel grew another, in which Robert Swartout, John"s younger brother, fought Riker, wounding him severely. William Coleman of the _Evening Post_, in letting fly some poisoned arrows, also got tangled up with Cheetham. "Lie on Duane, lie on for pay, and Cheetham, lie thou too; more against truth you cannot say, than truth can say "gainst you." The spicy epigrams ended in a challenge, but Cheetham made such haste to adjust matters that a report got abroad of his having shown the white feather. Harbour-Master Thompson, an appointee of Clinton, now championed Cheetham"s cause, declaring that Coleman had weakened. Immediately the young editor sent him a challenge, and, without much ado, they fought on the outskirts of the city, now the foot of Twenty-first Street, in the twilight of a cold winter day, exchanging two shots without effect. Meantime, the growing darkness compelled the determined combatants to move closer together, and at the next shot Thompson, mortally wounded, fell forward into the snow.[129]

[Footnote 129: "Thompson was brought," says William Cullen Bryant in _Reminiscences of the Evening Post_, "to his sister"s house in town; he was laid at the door; the bell was rung; the family came out and found him bleeding and near his death. He refused to name his antagonist, or give any account of the affair, declaring that everything which had been done was honourably done, and desired that no attempt should be made to seek out or molest his adversary."]

CHAPTER XII

DEFEAT OF BURR AND DEATH OF HAMILTON

1804

The campaign for governor in 1804 was destined to become historic.

Burr was driven from his party; George Clinton, ambitious to become Vice President, declined re-election;[130] and the Federalists, beaten into a disunited minority, refused to put up a candidate. This apparently left the field wide open to John Lansing, with John Broome for lieutenant-governor.

[Footnote 130: "DeWitt Clinton was annoyed at his uncle"s conduct, and tried to prevent the withdrawal by again calling Jefferson to his aid and alarming him with fear of Burr. But the President declined to interfere. No real confidence ever existed between Jefferson and the Clintons."--Henry Adams, _History of the United States_, Vol. 2, pp.

173, 174.]

For many years the Lansing family had been prominent in the affairs of the State and influential in the councils of their party. The Chancellor, some years younger than Livingston, a large, handsome, modest man, was endowed with a remarkable capacity for public life.

The story of his career is a story of rugged manhood and a tragic, mysterious death. He rose by successive steps to be mayor of Albany, member of the a.s.sembly of which he was twice speaker, member of Congress under the Confederation, judge and chief justice of the Supreme Court, and finally chancellor. Indeed, so long as he did the bidding of the Clintons he kept rising; but the independence that early characterised his action at Philadelphia in 1787 and at Poughkeepsie in 1788 became more and more p.r.o.nounced, until it separated him at last from the faction that had steadily given him support. Perhaps his nearest approach to a splendid virtue was his stubborn independence. Whether this characteristic, amounting almost to stoical indifference, led to his murder is now a sealed secret. All that we know of his death is, that he left the hotel, where he lived in New York, to mail a letter on the steamer for Albany, and was never afterward seen. That he was murdered comes from the lips of Thurlow Weed, who was intrusted with the particulars, but who died with the secret untold. Lansing disappeared in 1829 and Weed died in 1882, yet, after the lapse of half a century, the latter did not feel justified in disclosing what had come to him as a sort of father confessor, years after the tragedy. "While it is true that the parties are beyond the reach of human tribunals and of public opinion," he said, "yet others immediately a.s.sociated with them, and sharing in the strong inducement which prompted the crime, survive, occupying high positions and enjoying public confidence. To these persons, should my proof be submitted, public attention would be irresistibly drawn."[131]

[Footnote 131: Thurlow Weed Barnes, _Life of Thurlow Weed_, Vol. 2, p.

35.]

Lansing had the instinct, equipment, and training for a chancellor. It has been truly said of him that he seemed to have no delights off the bench except in such things as in some way related to the business upon it. He had the unwearied application of Kent, coupled with the ability to master the most difficult details, and, although he lacked Livingston"s culture, he was as resolute, and, perhaps, as restless and suspicious; but it is doubtful if he possessed the trained sagacity, the native shrewdness, and the diplomatic zeal to have negotiated the Louisiana treaty. Lansing began the study of law in 1774, and from that moment was wedded to its principles and constant in his devotions. His mysterious murder must have been caused by an irresistible longing to trace things to their source, bringing into his possession knowledge of some missing link or defective t.i.tle, which would throw a great property away from its owner, but which, by his death, would again be buried from the ken of men. This, of course, is only surmise; but Weed indicates that property prompted the crime, and that the heirs of the murderer profited by it. Lansing was in his seventy-sixth year when the fatal blow came, yet so vigorous that old age had not set its seal upon him.