judge, he stood equally distinguished, and never more so than when in the exercise of criminal jurisdiction, where a large discretion is given to the judge in apportioning the punishment in so many cases of misdemeanor, as well by statute as by common law, where broad views of human nature and its frailties, the absence of narrow prejudices, and moral courage to withstand all undue influence, are so essential. In this latter quality Mr. Clinton was characteristically and intrinsically strong.

"In the councils of the nation, in the councils of the state, in the court of last resort of this great and leading member of the union, he has left many monuments of an enlarged and comprehensive mind, that it would be difficult to select, and endless to pursue them in detail. The commercial part of our community, that important portion of our active population, feel and acknowledge his useful services. They know how instrumental he was in freeing their property from usurped authority, and slavish compliance with the decrees of foreign jurisdictions, made in direct opposition to our interests and to international justice and equality. He also recommended the passage of a law to secure our merchants and dealers from the danger of secret liens upon goods, in the hands of factors and other agents appearing as the absolute owners; but he did not live to see that suggestion carried into effect. It would far exceed the limits or objects of this letter to pursue this subject in its extent, or to point out the instances where the masculine energies of his mind had tended to overcome the force of prejudice, and open the way to such improvements as the progress of his age and country called for. It may, however, be but an act of justice to record and call to mind that he was the first chief magistrate of any state in this union, who ventured in the face of long-rooted prejudice, to recommend a complete code or digest of our laws. Of the utility, if not necessity of such a measure, the opinion of such a statesman is of itself some proof; the progress of that sentiment here and in England, where the greatest masters of law and jurisprudence have expounded it both in and out of Parliament, is a further confirmation; and however timidly and doubtingly received, as great plans of improvement often are, it may hereafter be added as a posthumous wreath to crown his well-earned fame,

"I am glad that the eulogy of your distinguished friend is in such good hands; in some points you have been ably anticipated, but the interest is still fresh, and your zeal undiminished. If this letter has any thing worthy your attention, it is at your service; make of it what use you think proper.

"I am, dear sir, your friend and servant,

"To Dr. DAVID HOSACK."

"WILLIAM SAMPSON."

NOTE. p. 65.

De Witt Clinton and the late War.

The following letter from the late Thomas Addis Emmet, Esq. silences for ever the charge which has been so often reiterated that Mr. Clinton was unfriendly to the prosecution of the late war. It is already known that Mr. Clinton was active and efficient in procuring money for the general government to carry on the war; that the officers of the United States repeatedly and gratefully acknowledged his services; and that no public officer took more pride and pleasure, in bestowing the civic honours which the corporation of New-York awarded to our gallant and naval military heroes, in a manner that reflected equal credit on his head and his heart. The following document will show that it was not his fault that he did not engage in actual service. It is perhaps unnecessary, at this time, to inquire whether Governor Tompkins had any design in thus excluding an active and able officer from the public service. The reason assigned, that it might give offence to older generals, is entirely unfounded; as every man who knows any thing of the late war, knows that generals were selected to command without reference to the dates of their commissions. One thing is certainly extraordinary, that while Mr. Tompkins was so anxious to communicate to the public the patriotic language of the Hon. Rufus King, he should have forgotten the offer of Governor Clinton.

To the Hon. John C. Spencer, Esq. Speaker of the House of Assembly.

"DEAR SIR,

"ALBANY, March 21st, 1820.

"I have this morning been honoured with your letter, requesting from me the information I may possess, respecting Governor Clinton's application during the late war to Governor Tompkins, for an active command, and an opportunity to render his services in carrying on the war.

"Although I am in general unwilling to have my name introduced into public discussions, yet I have always held myself bound to give to Governor Clinton, or the Vice President, or to the friends of either of those gentlemen, as full a statement of what I know of that transaction, as my memory and the lapse of time may permit.

"In the summer of 1814, Mr. Clinton, who was then mayor of the city of New-York, requested me to be the bearer of an application from him to Gov. Tompkins, to be called into active military service, and particularly as apprehensions then began to be entertained for the safety of the city over which he presided. I had previously understood, or was then informed, (and I cannot now say which) that the late General Curtenius, had informally suggested the same thing to Governor Tompkins, but apparently without success. That circumstance, and the manner in which I was applied to, induced me to be very explicit in stating to Governor Tompkins that I came directly from the mayor. At the same time I took the liberty of urging from myself such arguments as appeared to me best calculated to second the application. Governor Tompkins, as far as I now recollect, made but one objection. He said that Mr. Clinton was a very young major-general, and very little known as such, and that calling him into active service would be contrary to etiquette, and would probably offend older militia generals, whom he did not think it right or prudent to employ; some of whom he named to me.

"This application formed the subject of more than one conversation between Governor Tompkins and myself; and I endeavoured to convince him that the situation of Mr. Clinton as mayor, and the confidence placed in him by the citizens of New-York, ought to have much greater weight than any military

etiquette, or at least in the selection of an officer for the protection of that city, which then seemed to be very seriously threatened. Governor Tompkins did not refuse to comply with Mr. Clinton's application; but he seemed to hesitate so long and so much, that I considered it as virtually refused. After some time, however, and when affairs appeared to have grown more gloomy, his excellency, of his own accord, desired me to inform the mayor, that if the enemy landed in the vicinity of New-York, he should be employed as he solicited, and to prepare himself accordingly. This message I immediately communicated to Mr. Clinton, who observed that if his wishes were to be gratified, it certainly would be desirable that he should be appointed some time before the enemy's landing, so as that he might make the necessary previous arrangements; but he nevertheless desired me to inform the Governor, that he should be prepared, and hold himself in readiness at a moment's notice, whenever called on. That message I accordingly delivered to Governor Tompkins, and have never since heard any thing on the subject from either of those gentlemen.

"I have the honour to be, Sir, with much respect,

"Your obedient servant,

"THOMAS ADDIS EMMET."

NOTE.-P. 68.

Upon the termination of Governor Clinton's administration under the old constitution, he resolved to withdraw from the station he had held, and to return once more to the walks of private life. Upon that occasion a public meeting of the citizens of Albany was called to express their sentiments relative to his administration, and to solicit him to permit them again to nominate him as a candidate for the office of Governor. The following are the proceedings of the meeting so called.

At a highly respectable meeting of the members of both branches of the legislature and of the citizens of Albany, held on the 16th inst. at Skinner's Mansion House, William James, Esq. of the city of Albany, was called to the

chair, and Thomas H. Campbell, Esq. of the house of assembly, was appointed secretary.

The meeting was addressed by General Gansevoort, of Albany, who took a rapid and comprehensive view of the administration of Governor Clinton, pointing out its sound republican principles, and its strong claims to public confidence. He dwelt for some time on the prominent features in the system of public policy, which had been pursued by our state government for the last few years, and concluded by moving that a committee be appointed to wait on his excellency De Witt Clinton, to ascertain whether he will accept a nomination for the office which he now holds.

He was followed by C. G. Haines, Esq. of New-York. Mr. Haines recapitulated the grand purposes which had been effected, and the great interests which had been fostered, by the state administration for the last five years. He said that Mr. Clinton's administration had been one, whose general measures had never been assailed amid all the conflicts of party hostility. He had supported it with ardour and zeal, and his confidence in the integrity and abilities of the chief magistrate was undiminished. In saying this, he believed that he uttered the feelings and opinions of those throughout the state with whom he had acted. If Governor Clinton should again consent to receive the suffrages of the people, he would find the friends of his administration ready to gather round its standard with firmness, with resolution, and consistency. He concluded with seconding the motion of General Gansevoort. The remarks of the speakers were received with warm and decided applause. On motion of General Gansevoort,-Resolved, That the chairman and secretary address a letter to his Excellency the Governor, which was as follows:

SIR,

The election of chief magistrate will always be interesting to a free people, and the period is arrived at which they will designate a suitable character for that important office.

Accounts from all parts of the state indicate the increasing desire of the electors for the nomination of the man whose administration, for the last five years, had advanced the prosperity, and exalted the character of the state;