CHAPTER II

EARLY YEARS.--PROFESSIONAL LIFE

At the close of the American Revolution, Abraham Van Buren was a farmer

on the east bank of the Hudson River, New York. He was of Dutch descent,

as was his wife, whose maiden name Hoes, corrupted from Goes, is said to

have had distinction in Holland. But it would be mere fancy to find in

the statesman particular traits brought from the dyked swamp lands

whence some of his ancestors came. Those who farmed the rich fields of

Columbia county were pretty thorough Americans; their characteristics

were more immediately drawn from the soil they cultivated and from the

necessary habits of their life than from the lands, Dutch or English,

from which their forefathers had emigrated. Late in the eighteenth

century they were no longer frontiersmen. For a century and more this

eastern Hudson River country had been peacefully and prosperously

cultivated. There was no lack of high spirit; but it was shown in

lawsuits and political feuds rather than in skirmishes with red men. It

was close to the old town of Albany with its official and not

undignified life, and had comparatively easy access to New York by sloop

or the post-road. It had been an early settlement of the colony. Within

its borders were now the estates and mansions of large landed

proprietors, who inherited or acquired from a more varied and affluent

life some of the qualities, good and bad, of a country gentry. It was a

region of easy, orderly comfort, sound and robust enough, but not

sharing the straight and precise, though meddling, puritanical habits

which a few miles away, over the high Berkshire hills, had come from the

shores of New England.

The elder Van Buren was said by his son's enemies to have kept a tavern;

and he probably did. Farming and tavern-keeping then were fairly

interchangeable; and the gracious manner, the tact with men, which the

younger Van Buren developed to a marked degree, it is easy to believe

came rather from the social and varied life of an inn than from the

harsher isolation of a farm. The statesman's boyish days were at any

rate spent among poor neighbors. He was born at Kinderhook, an old

village of New York, on the 5th of December, 1782. The usual years of

schooling were probably passed in one of the dilapidated, weather-beaten

schoolhouses from which has come so much of what is best in American

life. He studied later in the Kinderhook Academy, one of the higher

schools which in New York have done good work, though not equaling the

like schools in Massachusetts. Here he learned a little Latin. But when

at fourteen years of age he entered a law office, he had of course the

chief discipline of book-learning still to acquire. In 1835 his campaign

biographer rather rejoiced that he had so little systematic education,

fearing that "from the eloquent pages of Livy, or the honeyed eulogiums

of Virgil, or the servile adulation of Horace, he might have been

inspired with an admiration for regal pomp and aristocratic dignity

uncongenial to the native independence of his mind," and have imbibed a

"contempt for plebeians and common people," unless, perhaps, the

speeches of popular leaders in Livy "had kindled his instinctive love of

justice and freedom," or the sarcastic vigor of Tacitus "had created in

his bosom a fixed hatred of tyranny in every shape." At an early age,

however, it is certain that Van Buren, like many other Americans of

original force and with instinctive fondness for written pictures of

human history and conduct, acquired an education which, though not that

of a professional scholar, was entirely appropriate to the skillful man

of affairs or the statesman to be set in conspicuous places. This work

must have been largely done during the comparative leisure of his legal

apprenticeship.

It was in 1796 that he entered the law office of Francis Sylvester at

Kinderhook, where he remained until his twentieth year. He there read

law. It is safe to say besides that he swept the office, lighted the

fires in winter, and, like other law students in earlier and simpler

days, had to do the work of an office janitor and errand boy, as well

as to serve papers and copy the technical forms of the common law, and

the tedious but often masterly pleadings of chancery. That his work as a

student was done with great industry and thoroughness is demonstrated by

the fact that at an early age he became a successful and skillful

advocate in arguments addressed to courts as distinguished from juries,

a division of professional work in which no skill and readiness will

supply deficiencies in professional equipment. His early reputation for

cleverness is illustrated by the story that when only a boy he

successfully summed up a case before a jury against his preceptor

Sylvester, being made by the justice to stand upon a bench because he

was so small, with the exhortation, "There, Mat, beat your master."

In 1802 Van Buren entered the office of William P. Van Ness, in the city

of New York, to complete his seventh and final year of legal study. Van

Ness was himself from Columbia county and an eminent lawyer. He was

afterwards appointed United States district judge by Madison; and was

then an influential Republican and a close friend and defender of Aaron

Burr, then the vice-president. The native powers and fascination of Burr

were at their zenith, though his political character was blasted. Van

Buren made his acquaintance, and was treated with the distinguished and

flattering attention which the wisest of public men often show to young

men of promise. Van Buren's enemies were absurdly fond of the fancy that

in this slight intercourse he had acquired the skill and grace of his

manner, and the easy principles and love of intrigue which they ascribe

to him. Burr, for years after he was utterly disabled, inspired a

childish terror in American politics. The mystery and dread about him

were used by the opponents of Jackson because Burr had early pointed him

out for the presidency, and by the opponents of Clay because in early

life he had given Burr professional assistance. But upon Burr's

candidacy for governor in 1804 Van Buren's freedom from his influence

was clearly enough exhibited.

In 1803 Van Buren, being now of age and admitted as an attorney,

returned to Kinderhook and there began the practice of his profession.

The rank of counsellor-at-law was still distinct and superior to that of

attorney. His half-brother on his mother's side, James J. Van Alen, at

once admitted the young attorney to a law partnership. Van Alen was

considerably older and had a practice already established. Van Buren's

career as a lawyer was not a long one, but it was brilliant and highly

successful. After his election to the United States Senate in 1821 his

practice ceased to be very active. He left his profession with a fortune

which secured him the ease in money matters so helpful and almost

necessary to a man in public life. Merely professional reputations

disappear with curious and rather saddening promptness and completeness.

Of the practice and distinction reached by Van Buren before he withdrew

from the bar, although they were unsurpassed in the State, no vestige

and few traditions remain beyond technical synopses of his arguments in

the instructive but hardly succulent pages of Johnson's, Wendell's, and

Cowen's reports.

At an early day the legal profession reached in our country a consummate

vigor. Far behind as Americans were in other learning and arts, they

had, within a few years after they escaped colonial dependence, judges,

advocates, and commentators of the first rank. Marshall, Kent, and Story

were securely famous when hardly another American of their time not in

public and political life was known. In the legal art Americans were

even more accomplished than in its science; and Columbia county and the

valley of the Hudson were fine fields for legal practice. Many

animosities survived from revolutionary days. The landed families, long

used to administer the affairs of others as well as their own, saw with

jealousy and fear the rapid spread of democratic doctrines and of

leveling and often insolent manners. Political feuds were rife, and

frequently appeared in the professionally profitable collisions of

neighbors with vagrant cows, or on watercourses insufficient for the

needs of the up-stream and the down-stream proprietors. There were

slander suits and libel suits, and suits for malicious prosecution. Into

the most legitimate controversies over doubts about property there was

driven the bitterness which turns a lawsuit from a process to ascertain

a right into a weapon of revenge.

Van Buren's political opinions were strong and clear from the beginning

of his law practice; but he was in a professional minority among the

rich Federalists of the county. The adverse discipline was invaluable.

Through zeal and skill and large industry, he soon led the Republicans

as their ablest lawyer, and the lawyers of Columbia county were famous.

William W. Van Ness, afterwards a judge of the supreme court of the

State, Grosvenor, Elisha Williams, and Jacob R. Van Rensselaer were

active at the bar. Williams, although his very name is nowadays hardly

known, we cannot doubt from the universal testimony of contemporaries,

had extraordinary forensic talents. He was a Federalist; and the most

decisive proof of Van Buren's rapid professional growth was his

promotion to be Williams's chief competitor and adversary. Van Buren's

extraordinary application and intellectual clearness soon established

him as the better and the more successful lawyer, though not the more

powerful advocate. Williams at last said to his rival, "I get all the

verdicts, and you get all the judgments." A famous pupil of Van Buren

both in law and in politics, Benjamin F. Butler, afterwards

attorney-general in his cabinet, finely contrasted them from his own

recollection of their conflicts when he was a law student. "Never," he

said, "were two men more dissimilar. Both were eloquent; but the

eloquence of Williams was declamatory and exciting, that of Van Buren

insinuating and delightful. Williams had the livelier imagination, Van

Buren the sounder judgment. The former presented the strong points of

his case in bolder relief, invested them in a more brilliant coloring,

indulged a more unlicensed and magnificent invective, and gave more life

and variety to his arguments by his peculiar wit and inimitable humor.

But Van Buren was his superior in analyzing, arranging, and combining

the insulated materials, in comparing and weighing testimony, in

unraveling the web of intricate affairs, in eviscerating truth from the

mass of diversified and conflicting evidence, in softening the heart and

moulding it to his purpose, and in working into the judgments of his

hearers the conclusions of his own perspicuous and persuasive

reasonings." Most of this is applicable to Van Buren's career on the

wider field of politics; and much here said of his early adversary on

the tobacco-stained floors of country court-houses might have been as

truly said of a later adversary of his, the splendid leader who, rather

than Harrison, ought to have been victor over Van Buren in 1840, and

over whom Van Buren rather than Polk ought to have been victor in 1844.

In a few years Van Buren outgrew the professional limitations of

Kinderhook. In February, 1807, he had been admitted as a counsellor of

the supreme court; and this promotion he most happily celebrated by

marrying Hannah Hoes, a young lady of his own age, and also of Dutch

descent, a kinswoman of his mother, and with whom he had been intimate

from his childhood. In 1808, the council of appointment becoming

Republican, he was made surrogate of Columbia county, succeeding his

partner and half-brother Van Alen, a Federalist in politics, who was,

however, returned to the place in 1815, when the Federalists regained

the council. The office was a respectable one, concerned with the

probate of wills, and the ordering of estates of deceased persons.

Within a year after this appointment, Van Buren removed to the new and

bustling little city of Hudson, directly on the river banks. Here he

practiced law with rapidly increasing success for seven years. His

pecuniary thrift now enabled him to purchase what was called "a very

extensive and well-selected library." With this advantage he applied

himself to "a systematic and extended course of reading," which left him

a well, even an amply, educated man. His severity in study did not,

however, exclude him from the social pleasures of which he was fond, and

for which he was perfectly fitted. He learned men quite as fast as he

learned books. A country surrogate, though then enjoying fees, since

commuted to a salary, had only a meagre compensation. But the duties of

Van Buren's office did not interfere with his activity in the private

practice of the law. On the contrary, the office enabled him to make

acquaintances, a process which, even without adventitious aid, he always

found easy and delightful.

In 1813, having been elected a member of the Senate of the State, he

became as such a member of the court for the correction of errors. This

was the court of last resort, composed, until 1847, of the chancellor,

the judges of the supreme court, the lieutenant-governor, and the

thirty-two senators. The latter, though often laymen, were members of

the court, partly through a curious imitation of the theoretical

function of the British House of Lords, and partly under the idea, even

now feebly surviving in some States, that some besides lawyers ought to

sit upon the bench in law courts to contribute the common sense which it

was fancied might be absent from their more learned associates. It was

not found unsuitable for members of this, the highest court, to be

active legal practitioners. While Van Buren held his place as a member

he was, in February, 1815, made attorney-general, succeeding Abraham Van

Vechten, one of the famous lawyers of the State. Van Buren was then but

thirty-two years old, and the professional eminence accorded to the

station was greater than now. Among near predecessors in it had been

Aaron Burr, Ambrose Spencer and Thomas Addis Emmett; among his near

successors were Thomas J. Oakley, Samuel A. Talcott, Greene C. Bronson

and Samuel Beardsley,--all names of the first distinction in the

professional life of New York. The office was of course political, as it

has always been, both in the United States and the mother country. But

Van Buren's appointment, if it were made because he was an active and

influential Republican in politics, would still not have been made

unless his professional reputation had been high. The salary was $5.50 a

day, with some costs,--not an unsuitable salary in days when the

chancellor was paid but $3000 a year. He held the office until July,

1819, when, upon the capture of the council of appointment by a

coalition of Clintonian Republicans and Federalists, he was removed to

give place to Oakley, the Federalist leader in the State Assembly.

In 1816 Van Buren, now rapidly reaching professional eminence, removed

to Albany, the capital of New York. Though then a petty city of mean

buildings and about 10,000 inhabitants, it had a far larger relative

importance in the professional and social life of the State than has the

later city of ten times the population, with its costly and enormous

state-house, its beautiful public buildings, and its steep and numerous

streets of fine residences. In 1820 he purposed removing to New York;

but, for some reason altering his plans, continued to reside at Albany

until appointed secretary of state in 1829. His professional career was

there crowned with most important and lucrative work. Soon after moving

to Albany, he took into partnership Butler, just admitted to the bar.

Between the two men there were close and life-long relations. The

younger of them, also a son of Columbia county, reached great

professional distinction, became a politician of the highest type, and

remained steadfast in his attachment to Van Buren's political fortunes,

and to the robust and distinctly marked political doctrines and

practices of the Albany Regency.

The law reports give illustrations of Van Buren's precision, his clear

and forcible common-sense, and his aptitude for that learning of the law

in which the great counsel of the time excelled. In 1813, soon after his

service began as state senator, he delivered an opinion in a case of

"escape;" and in very courteous words exhibited a bit of his dislike for

Kent, then chief justice of the supreme court, whose judgment he helped

to reverse, as well as his antipathy to imprisonment for debt, which he

afterwards helped to abolish. It was a petty suit against the sureties

upon the bond given by a debtor. Under a relaxation of the imprisonment

for debt recently permitted, the debtor was, on giving the bond,

released from jail, but upon the condition that he should keep within

the "jail liberties," which in the country counties was a prescribed

area around the jail. His bond was to be forfeit if he passed the

"liberties." While the debtor was driving a cow to or from pasture, the

latter contemptuously deviated "four, six, or ten feet" from the

liberties. The driver, yielding to inevitable bucolic impulse and

forgetting his bond, leaped over the imaginary line to bring back the

cow. He was without the liberties but a moment, and afterwards duly kept

within them. But the creditor was watchful, and for the technical

"escape" sued the sureties. Although the debtor was within the limits

when suit was brought, the lower court refused to pardon the debtor's

technical and unintentional fault. At common law the creditor was

entitled to satisfaction of the debtor's body; and the milder statute

establishing jail liberties was, the court said, to be strictly

construed against the debtor; it was not enough that the creditor had

the debtor's body when he called for it. The supreme court, headed by

Kent, affirmed this curiously harsh decision. In the court of errors,

Van Buren joined Chancellor Lansing in reversing the rule upon an

elaborate review of the law, which to this day is important authority,

and which could not have been more carefully done had something greater

seemed at stake than a bovine vagary and a few dollars. The young

lawyer, wearing for a time the judicial robes, now sat in a review, by

no means unpleasant, of the utterances of magistrates before whom he had

until then stood in considerable awe; and seized the opportunity,

doubtless with a keen perception of the drift of popular sentiment on

matters of personal liberty, to enlarge the mild policy of the later

law. When it was urged that, if the law were not technically

administered, imprisoned debtors would of a Sunday wander beyond the

"limits," securely able to return before Monday, when the creditor could

sue,--Van Buren, with a contemptuous fling at the supreme court,

confessed in Johnsonian sentences his lenient temper towards these

"stolen pleasures,"--his willingness that debtors should snatch the "few

moments of liberty which, although soured by constant perturbation and

alarm, are, notwithstanding, deemed fit subjects for judicial

animadversion." His rhetoric was rather agreeably florid when he

declared the law establishing "jail liberties" to be a concession for

humane purposes made by the inflexible spirit which authorized

imprisonment for debt. He strongly intimated his sympathy to be with

"the exertions of men of intelligence, reflection, and philanthropy to

mitigate its rigor; of men who viewed it as a practice fundamentally

wrong, a practice which forces their fellow-creatures from society, from

their friends, and their agonized families into the dreary walls of a

prison; which compels them to leave all those fascinating endearments to

become an inmate with vermin;" and all this, not for crime or frauds,

"but for the misfortune of being poor, of being unable to satisfy the

all-digesting stomach of some ravenous creditor." The practice was one

"confounding virtue and vice, and destroying the distinction between

guilt and innocence which should unceasingly be cherished in every

well-regulated government." Democrats rejoiced over this passage when

Van Buren was a candidate for the presidency. Richard M. Johnson, then

his associate upon the Democratic ticket, had successfully led an

agitation for the abolition of such imprisonment upon judgments rendered

in the federal courts.

Van Buren's professional life terminated with his election as governor

in 1828. In 1830, while secretary of state at Washington, he is said to

have appeared before the federal supreme court in the great litigation

between Astor and the Sailors' Snug Harbor, in which he had been counsel

below; but no record is preserved of his argument there. His last

well-known argument was before the court of errors at Albany in Varick

v. Jackson, a branch of the famous Medcef Eden litigation. This long and

highly technical battle was lighted up by the fame and competitions of

the counsel. It arose upon the question whether a will of Eden which

gave a landed estate to his son Joseph, but if Joseph died without

children, then to his surviving brother, Medcef Eden the younger,

created for Joseph the old lawyers' delight of an "estate tail." If it

were an "estate tail," then the law of 1782, which, in the general

tendency of American legislation after the Revolution, was directed

against the entailing of property, would have made the first brother,

Joseph, the absolute owner, and have defeated the later claim of Medcef.

Joseph had failed while in possession of the property. His creditors,

accepting the opinion of Alexander Hamilton, then the head of the bar,

insisted that he had been the absolute owner, that the provision for his

brother Medcef's accession to the property was nugatory as an attempt to

entail the estate; and upon this view the creditors sold the lands,

which by the rapid growth of the city soon became of large value.

Hamilton's opinion for years daunted the younger Medcef and his children

from asserting the right which it was morally plain his father had

intended for him. Aaron Burr, not less Hamilton's rival at the bar than

in the politics of New York, gave a contrary opinion; but after killing

Hamilton in 1804 and yielding up the vice-presidency in 1805, his

brilliant professional gifts were exiled from New York. On his return in

1812 from years of conspiracy, adventure, and romance, he took up the

discredited Medcef Eden claim; and in the judicial test of the question

he, and not Hamilton, proved to have been correct. The struggle went on

in a number of suits; and when in 1823 the question was to be finally

settled in the court of last resort, Burr, fearing, as he himself

intimated to the court, lest the profound suspicion under which he

rested might obscure and break the force of his legal arguments, or

conscious that his past twenty years had dimmed his faculties, called to

his aid Van Buren, then United States senator and a chief of the

profession. As Van Buren and Burr attended together before the court of

errors, they doubtless recalled their meetings in Van Ness's office

twenty years before, when Burr, still a splendid though clouded figure

in American life, hoped, by Federalist votes added to the Republican

secession which he led, to reach the governorship and recover his

prestige; those days in which the unknown but promising young countryman

had interested a vice-president and enjoyed the latter's skillful and

not always insincere flattery. The firm and orderly procedure of Van

Buren's life was now well contrasted with the discredited and profligate

ability of the returned wanderer. Against this earlier but long

deposed, and against this later and regnant chief in the Republican

politics of New York, were ranged in these cases David B. Ogden, the

famous lawyer of the Federalist ranks, Samuel A. Talcott, and Samuel

Jones. In Van Buren's long, masterly, and successful argument there was

again an edge to the zeal with which he attacked the opinion of Kent,

the Federalist chancellor, who asked the court of errors to overrule its

earlier decisions, and the chancellor's own decision as well, and defeat

the intention of the elder Medcef Eden.

Van Buren's professional career was most enviable. It lasted twenty-five

years. It ended before he was forty-six, when he was in the early

ripeness of his powers, but not until a larger and more shining career

seemed surely opened before him. He left the bar with a competence

fairly earned, which his prudence and skill made grow into an ample

fortune, without even malicious suggestion in the scurrility of politics

that he had profited out of public offices. In money matters he was more

thrifty and cautious than most Americans in public places. His enemies

accused him of meanness and parsimony, but apparently without other

reason than that he did not practice the careless and useless profusion

and luxury which many of his countrymen in political life have thought

necessary to indulge even when their own tastes were far simpler. In the

course of professional employment he acquired an important estate near

Oswego, whose value rapidly enhanced with the rapid growth of western

New York and the development of the lake commerce from that port.

The chief interest now found in Van Buren's professional career lies in

its relation to his political life. He was the only lawyer of

conspicuous and practical and really great professional success who has

reached the White House. In the long preparation for the bar, in the

many hours of leisure at Kinderhook and Hudson and even Albany permitted

by the methods of practice in vogue before there were railways or

telegraphs, and when travel was costly and slow and postage a shilling

or more, he gained the liberal education more difficult of access to the

busier young attorney and counsel of these crowded days. Great lawyers

were then fond of illustrations from polite literature; they loved to

set off their speeches with quotations from the classics, and to give

their style finish and ornament not practicable to the precise, prompt

methods which their successors learn in the driving routine of modern

American cities. Van Buren did not, however, become a great orator at

the bar. His admirer, Butler, upon returning to partnership with him in

1820, wrote indeed to an intimate friend, Jesse Hoyt (destined

afterwards to bring grief and scandal upon both the partners), that if

he were Van Buren he "would let politics alone," and become, as Van

Buren might, the "Erskine of the State." But though his success, had he

continued in the profession, would doubtless have been of the very first

order, his oratory would never have reached the warm and virile

splendor of Erskine, or the weighty magnificence of Webster. Van Buren's

work as a lawyer brought him, however, something besides wealth and the

education and refinement of books, and something which neither Erskine

nor Webster gained. The profession afforded him an admirable discipline

in the conduct of affairs; and affairs, in the law as out of it, are

largely decided by human nature and its varying peculiarities. The

preparation of details; the keen and far-sighted arrangement of the

best, because the most practicable, plan; the refusal to fire off

ammunition for the popular applause to be roused by its noise and flame;

the clear, steady bearing in mind of the end to be accomplished, rather

than the prolonged enjoyment or systematic working out of intermediate

processes beyond a utilitarian necessity,--all these elements Van Buren

mastered in a signal degree, and made invaluable in legal practice. To

men more superbly equipped for _tours de force_, who ignored the uses of

long, attentive, varied, painstaking work, there was nothing admirable

in the methods which Van Buren brought into political life out of his

experience in the law. He was, to undisciplined or envious opponents, a

"little magician," a trickster. The same thing appears, in every

department of human activity, in the anger which failure often flings at

success.

The predominance of lawyers in our politics was very early established,

and has been a characteristic distinction between politics in England

and politics in America. Conspicuous as lawyers have been in the

politics of the older country, they have rarely been figures of the

first rank. They have served in all its modern ministries, and sometimes

in other than professional stations; but, with the unimportant exception

of Perceval, not as the chief. English opinion has not unjustly believed

its greater landed proprietors to be animated with a strong and peculiar

desire for English greatness and renown; nor has the belief been

destroyed by their frequent opposition to the most beneficent popular

movements. Among these proprietors and those allied with them, even when

not strictly in their ranks, England has found her statesmen. To this

day, the speech of a lawyer in the British House of Commons is fancied

to show the narrowness of technical training, or is treated as a bid for

promotion to some of the splendid seats open to the English bar. In

America, the great landed proprietor very early lost the direction of

public affairs. All the members of the "Virginian dynasty" were, it is

true, large land-owners, and in the politics of New York there were

several of them. But land-ownership was to Jefferson, Madison, and

Monroe simply a means of support while they attended to public affairs;

it was not one of their chief recommendations to the landed interest

throughout the country. For a time in the early politics of New York the

landed wealth of the Schuylers, Van Rensselaers, and Livingstons was of

itself a source of strength; but in the spread of democratic sentiment

it was found that to be a great landlord was entirely consistent with

dullness, narrowness, and timid selfishness. Among the landlords there

soon and inevitably decayed that sense of public obligation belonging to

exalted position and leadership which sometimes brings courage, high

public spirit, and even a sound and active political imagination, to

those who preside over bodies of tenants. The laws were changed which

facilitated family accumulations of land. Since these early years of the

century a great land-owner has been in politics little more than any

other rich man. Both have had advantages in that as in any other field

of activity. Certain easy graces not uncommon to inherited wealth have

often been popular,--not, however, for the wealth, but for themselves.

Where these graces have existed in America without such wealth, they

have been none the less popular; but in England a lifetime of vast

public service and the finest personal attainments have failed to

overcome the distrust of a landless man as a sort of adventurer.

When Van Buren's career began, the men who were making money in trade or

manufactures were generally too busy for the anxious and busy cares of

public life; the tradesmen and manufacturers who had already made money

were past the time of life when men can vigorously and skillfully turn

to a new and strange calling. There was no leisure class except

land-owners or retired men of business. Lawyers, far more than those of

any other calling, became public men, and naturally enough. Their

experience of life and their knowledge of men were large. The popular

interest in their art of advocacy; their travels from county seat to

county seat; their speeches to juries in towns where no other secular

public speaking was to be heard; the varieties of human life which

lawyers came to know,--varieties far greater where the same men acted as

attorneys and advocates than in England where they acted in only one of

these fields,--these and the like, combined with the equipment for the

forms of political and governmental work which was naturally gained in

legal practice and the systematic study of law, gave to distinguished

lawyers in America their large place in its political life. For this

place the liberality of their lives helped, besides, to fit them. They

had ceased to be disqualified for it by their former close alliance, as

in England, with the landed aristocracy; and they had not yet begun to

suffer a disqualification, frequently unjust, for their close relations

with corporate interests, between which and the public there often

arises an antagonism of interests. De Tocqueville, after his visit in

1832, said that lawyers formed in America its highest political class

and the most cultivated circle of society; that the American aristocracy

was not composed of the rich, but that it occupied the judicial bench

and the bar. And the descriptions of the liberal and acute though

theoretical Frenchman are generally trustworthy, however often his

striking generalizations are at fault. Such, then, was the intimacy of

relations between the professions of law and politics when Van Buren

shone in both. And when, in his early prime, he gave up the law, neither

forensic habits nor those of the attorney were yet too strongly set to

permit the easy and complete diversion of his powers to the more

generous and exalted activity of public life.

It is simpler thus separately to treat Van Buren's life as a lawyer,

because in a just view of the man it must be subordinate to his life as

a politician. It is to be remembered, however, that in his earlier years

his progress in politics closely attended in time, and in much more than

time, his professional progress. When, at thirty, he sat as an appellate

judge in the court of errors, he was already powerful in politics; when,

at thirty-two, he was attorney-general, he was the leader of his party

in the state senate; when, at forty-five, he had perhaps the most

lucrative professional practice in New York, he was the leader of his

party in the United States Senate. But it will be easier to follow his

political career without interruption from his work as a lawyer,

honorable and distinguished as it was, and much of his political ability

as he owed to its fine discipline.

Van Buren's domestic life was broken up by the death of his wife at

Albany, in February, 1819, leaving him four sons. To her memory Van

Buren remained scrupulously loyal until his own death forty-three years

afterwards. We may safely believe political enemies when, after saying

of him many dastardly things, they admitted that he had been an

affectionate husband. Nor were accusations ever made against the

uprightness and purity of his private life.

Martin Van Buren · 第 2 / 13 章