He lived with his young wife five years, and she bore him tw

A Discourse on the Life, Character and Writings of Gulian Crommelin

Verplanck

Delivered before the New-York Historical Society, May 17th, 1870

By William Cullen Bryant.

New York:

Printed for the Society

MDCCCLXX

At a special meeting of the New York Historical Society, held at Steinway

Hall, on Tuesday evening, May 17, 1870, WILLIAM CULLEN BRYANT delivered a

discourse on the _Life, Character and Writings of Gulian C. Verplanck_.

On its conclusion HUGH MAXWELL submitted the following resolution, which

was adopted unanimously:

_Resolved_, That the thanks of this Society be presented to Mr. BRYANT

for his eloquent and instructive discourse, delivered this evening, and

that he be requested to furnish a copy for publication.

Extract from the Minutes,

Andrew Warner,

_Recording Secretary_.

Officers of the Society, Elected January, 1870.

President, Thomas De Witt, D.D.

First Vice-President, Gulian C. Verplanck, LL.D.

Second Vice-President, John A. Dix, LL.D.

Foreign Corresponding Secretary, John Romeyn Brodhead, LL.D.

Domestic Corresponding Secretary, William J. Hoppin.

Recording Secretary, Andrew Warner.

Treasurer, Benjamin H. Field.

Librarian, George H. Moore, LL.D.

The life of him in honor of whose memory we are assembled, was prolonged

to so late a period and to the last was so full of usefulness, that it

almost seemed a permanent part of the organization and the active movement

of society here. His departure has left a sad vacuity in the framework

which he helped to uphold and adorn. It is as if one of the columns which

support a massive building had been suddenly taken away; the sight of the

space which it once occupied troubles us, and the mind wearies itself in

the unavailing wish to restore it to its place.

In what I am about to say, I shall put together some notices of the

character, the writings, and the services of this eminent man, but the

portraiture which I shall draw will be but a miniature. To do it full

justice a larger canvas would be required than the one I propose to take.

He acted in so many important capacities; he was connected in so many ways

with our literature, our legislation, our jurisprudence, our public

education, and public charities, that it would require a volume adequately

to set forth the obligations we owe to the exertion of his fine faculties

for the general good.

Gulian Crommelin Verplanck was born in Wall street, in the city of New

York, on the 6th of August, 1786. The house in which he was born was a

large yellow mansion, standing on the spot on which the Assay Office has

since been built. A little beyond this street, a few rods only, lay the

island of New York in all its original beauty, so that it was but a step

from Wall street to the country. His father, Daniel Crommelin Verplanck,

was a respectable citizen of the old stock of colonists from Holland, who

for several terms was a member of Congress, and whom I remember as a

short, stout old gentleman, commonly called Judge Verplanck, from having

been in the latter years of his life a Judge of the County Court of

Dutchess. Here he resided in the latter years of his life on the

patrimonial estate, where the son, ever since I knew him, was always in

the habit of passing a part of the summer. It had been in the family of

the Verplancks ever since their ancestor Gulian Verplanck with Francis

Rombout, in 1683, purchased it, with other lands, of the Wappinger Indians

for a certain amount of money and merchandize, specified in a deed signed

by the Sachem Sakoraghuck and other chiefs, the spelling of whose names

seems to defy pronunciation. The two purchasers afterwards divided this

domain, and to the Verplancks was assigned a tract which they have ever

since held.

This fine old estate has a long western border on the Hudson, and extends

easterly for four or five miles to the village of Fishkill. About half a

mile from the great river stands the family mansion, among its ancient

groves, a large stone building of one story when I saw it; with a sharp

roof and dormer windows, beside its old fashioned and well stocked garden.

A winding path leads down to the river's edge, through an ancient forest

which has stood there ever since Hendrick Hudson navigated the river

bearing his name, and centuries before. This mansion was the country

retreat of Mr. Verplanck ever since I knew him, and here it was that his

grandfather on the paternal side, Samuel Verplanck, passed much of his

time during our revolutionary war, in which, although he took no share in

political measures, his inclinations were on the side of the mother

country. This Samuel Verplanck, by a custom which seems not to have become

obsolete in his time, was betrothed when but seven years old to his cousin

Judith Crommelin, the daughter of a wealthy banker of the Huguenot stock

in Amsterdam. When the young gentleman was of the proper age he was sent

to make the tour of Europe, and bring home his bride. He was married in

the banker's great stone house, standing beside a fair Dutch garden, with

a wide marble entrance hall, the counting room on one side of it, and the

drawing room, bright with gilding, on the other. When the grandson, in

after years, visited Amsterdam, the mansion which had often been described

to him by his grandmother, had to him quite a familiar aspect.

The lady from Amsterdam was particularly accomplished, and versed not only

in several modern languages, but in Greek and Latin, speaking fluently the

Latin, of which the Colloquies of her great countryman, Erasmus, furnish

so rich a store of phrases for ordinary dialogue. Her conversation is said

to have been uncommonly brilliant and her society much sought. During the

revolutionary war her house was open to the British officers, General

Howe, and others, accomplished men, of whom she had many anecdotes to

relate to her grandson, when he came under her care. For the greater part

of this time her husband remained at the country seat in Fishkill, quietly

occupied with his books and the care of his estate. Meantime, she wrote

anxious letters to her father, in Amsterdam, which were answered in neat

French. The banker consoled his daughter by saying that "Mr. Samuel

Verplanck was a man so universally known and honored, both for his

integrity and scholarly attainments, that in the end all would be well."

This proved true; the extensive estate at Fishkill was never confiscated,

and its owner was left unmolested.

On the mother's side, our friend had an ancestry of quite different

political views. His grandfather, William Samuel Johnson, of Stratford, in

Connecticut, was one of the revolutionary fathers. Before the revolution,

he was the agent of Connecticut in England; when it broke out he took a

zealous part in the cause of the revolted colonies; he was a delegate to

Congress from his State when Congress sat in New York, and he aided in

framing the Constitution of the United States. Afterwards, he was

President of Columbia College from the year 1787 to the year 1800, when,

resigning the post, he returned to Stratford, where he died in 1819, at

the age of ninety-two. His father, the great-grandfather of the subject of

this memoir, was Dr. Samuel Johnson, of Stratford, one of the finest

American scholars of his day, and the first President of Columbia College,

which however, he left after nine years, to return and pass a serene old

age at Stratford. He had been a Congregational minister in Connecticut,

but by reading the works of Barrow and other eminent divines of the

Anglican Church, became a convert to that church, went to England, and

taking orders returned to introduce its ritual into Connecticut. He was

the friend of Bishop Berkeley, whose arm-chair was preserved as an

heir-loom in his family. When in England, he saw Pope, who gave him

cuttings from his Twickenham willow. These he brought from the banks of

the Thames, and planted on the wilder borders of his own beautiful river

the Housatonic, which at Stratford enters the Sound. They were, probably,

the progenitors of all the weeping willows which are seen in this part of

the country, where they rapidly grow to a size which I have never seen

them attain in any other part of the world.

The younger of these Dr. Johnsons--for they both received the degree of

Doctor of Divinity from the University of Oxford--had a daughter

Elizabeth, who married Daniel Crommelin Verplanck, the son of Samuel

Verplanck, and the only fruit of their marriage was the subject of this

memoir. The fair-haired young mother was a frequent visitor with her child

to Stratford, where, under the willow trees from Twickenham, as appears

from some of her letters, he learned to walk. She died when he was but

three years old, leaving the boy to the care of his grandmother, by whom

he was indulgently yet carefully reared.

The grandmother is spoken of as a lively little lady, often seen walking

up Wall Street, dressed in pink satin and in dainty high heeled shoes,

with a quaint jewelled watch swinging from her waist. Wall Street was

then the fashionable quarter; the city, still in its embryo stater

extending but a little way above it; it was full of dwelling houses, with

here and there a church, which has long since disappeared. Over that

region of the metropolis where Mammon is worshipped in six days out of

seven, there now broods on Sunday a sepulchral silence, but then the walks

were thronged with churchgoers. The boy was his grandmother's constant

companion. He was trained by her to love books and study, to which,

however, he seems to have had a natural and inherited inclination. It is

said that at a very tender age she taught him to declaim passages from

Latin authors, standing on a table, and rewarded him with hot pound-cake.

Another story is, that she used to put sugar-plums near his bedside, to be

at hand in case he should take a fancy to them in the night. But, as he

was not spoiled by indulgence, it is but fair to conclude that her gentle

method of educating him was tempered by firmness on proper occasions--a

quality somewhat rare in grandmothers. A letter from one of her

descendants playfully says:

"It is a picture to think of her, seated at a marvellous Dutch bureau, now

in possession of her great-grand-daughters, which is filled with a

complexity of small and mysterious drawers, talking to the child, while

her servant built the powdered tower on her head, or hung the diamond

rings in her ears. Very likely, at such times, the child was thrusting his

little fingers into the rouge pot, or making havoc with the powder, and

perhaps she knew no better way to bring him to order than to tell him of

many of a fright of her own in the war, or she may have gone further back

in history, and told the boy how her and his Huguenot ancestors fled from

France when the bad King Louis forbade every form of worship but his own."

Dr. Johnson, the grandfather of young Verplanck, on the mother's side,

came from Stratford to be President of Columbia College, the year after

his grandson was born. To him, in an equal degree with his grandmother, we

must give the credit of bringing forward the precocious boy in his early

studies. I have diligently inquired what school he attended and who were

his teachers, but can hear of no other. His father had married again, and

to the lively Huguenot lady was left the almost entire charge of the boy.

He was a born scholar; he took to books as other boys take to marbles; and

the lessons which he received in the household sufficed to prepare him for

entering college when yet a mere child, at eleven years of age. He took

his first degree four years afterwards, in 1801, one year after his

maternal grandfather had returned to Stratford. To that place he very

frequently resorted in his youth, and there, in the well-stored and

well-arranged library he pursued the studies he loved. The tradition is

that he conned his Greek lessons lying flat on the floor with his thumb in

his mouth, and the fingers of the other hand employed in twisting a lock

of the brown, hair on his forehead. He took no pleasure in fishing or in

hunting; I doubt whether he ever let off a fowling-piece or drew a trout

from the brook in his life. He was fond of younger children, and would

recreate himself in play with his little relatives, but was no visitor to

other families. His contemporaries, Washington Irving, James K. Paulding,

and Governeur Kemble, had their amusements and frolics, in which he took

no part. According to Mr. Kemble, the elder men of the time held up to the

youths the example of young Verplanck, so studious and accomplished, and

so ready with every kind of knowledge, and withal of such faultless

habits, as a model for their imitation.

I have said that his relatives on the mother's side were of a different

political school from his high tory grandmother. From them he would hear

of the inalienable rights of the people, and the duty, under certain

circumstances, of revolution; from her he would hear of the obligation of

loyalty and obedience. The Johnsons would speak of the patriotism, the

wisdom, and the services of Franklin; the grandmother of the virtues and

accomplishments of Cornwallis. The boy, of course, had to choose between

these different sides, and he chose the side of his country and of the

people.

I think that I perceive in these circumstances how it was that the mind of

Verplanck was educated to that independence of judgment, and that

self-reliance, which in after life so eminently distinguished it. He never

adopted an opinion for the reason that it had been adopted by another. On

some points--on more, I think, than is usual with most men--he was content

not to decide, but when he formed an opinion it was his own. He had no

hesitation in differing from others if he saw reason; indeed, he sometimes

showed that he rather liked to differ, or chose at least, by questioning

their opinions, to intimate that they were prematurely formed. Another

result of the peculiar political education which I have described, was the

fairness with which he judged of the characters and motives of men who

were not of his party. I saw much, very much of him while he was a member

of Congress, when political animosities were at their fiercest, and I must

say that I never knew a party man who had less party rancor, or who was

more ready to acknowledge in his political opponents the good qualities

which they really possessed.

After taking his degree he read law in the office of Josiah Ogden Hoffman,

an eminent member of the New York bar, much esteemed in social life, whose

house was the resort of the best company in New York. His first public

address, a Fourth of July oration, was delivered when he was eighteen

years of age. It was printed, but no copy of it is now to be found. In due

season he was admitted to the bar, and opened an office for the practice

of law in New York. A letter from Dr. Moore, formerly President of

Columbia College, relates that Verplanck and himself took an office

together on the east side of Pearl street, opposite to Hanover square.

"Little business as I had then," proceeds the Doctor, "he seemed to have

still less. Indeed I am not aware that he had, or cared to have, any legal

business whatever. He spent much of his time out of the office and was not

very studious when within, but it was evident that he read or had read

elsewhere to good purpose, for though I read more Greek than law and

thought myself studious, I had occasion to discover more than once that he

was a better Grecian than I, and could enlighten my ignorance." From other

sources I learn that in his legal studies he delighted in the reports of

law cases in Norman French, that he was fond of old French literature, and

read Rabelais in the perplexing French of the original. It is mentioned in

some accounts of his life that he was elected in 1811 to the New York

House of Assembly by a party called the malcontents, but I have not had

the means of verifying this account, nor am I able to discover what were

the objects for which the party called malcontents was formed. In this

year an incident occurred of more importance to him than his election to

the Assembly.

On the 8th of August, 1811, the Annual Commencement of Columbia College

was held in Trinity Church. Among those who were to receive the degree of

Bachelor of Arts was a young man named Stevenson, who had composed an

oration to be delivered on the platform. It contained some passages of a

political nature, insisting on the duty of a representative to obey the

will of his constituents. Political parties were at that time much

exasperated against each other, and Dr. Wilson of the College, to whom the

oration was submitted, acting it was thought at the suggestion of Dr. John

Mason, the eloquent divine, who was then Provost of the College, struck

out the passages in question and directed that they should be omitted in

the delivery. Stevenson spoke them notwithstanding, and was then privately

informed by one of the professors that his degree would be denied him.

Yet, when the diplomas were delivered, he mounted the platform with the

other graduates and demanded the degree of Dr. Mason. It was refused

because of his disobedience. Mr. Hugh Maxwell, afterwards eminent as an

advocate, sprang upon the platform and appealed to the audience against

this denial of what he claimed to be the right of Stevenson. Great

confusion followed, shouts, applauses and hisses, in the midst of which

Verplanck appeared on the platform saying: "The reasons are not

satisfactory; Mr. Maxwell must be supported," and then he moved "that the

thanks of the audience be given to Mr. Maxwell for his spirited defence of

an injured man." It was some time before the tumult could be allayed, the

audience taking part with the disturbers; but the result was that Maxwell,

Verplanck, and several others were prosecuted for riot in the Mayor's

Court. DeWitt Clinton was then Mayor of New York. In his charge to the

jury he inveighed with great severity against the accused, particularly

Verplanck, of whose conduct he spoke as a piece of matchless impudence,

and declared the disturbance to be one of the grossest and most shameless

outrages he had ever known. They were found guilty; Maxwell, Verplanck,

and Stevenson were fined two hundred dollars each, and several others

less. An appeal was entered by the accused but afterwards withdrawn. I

have heard one of our judges express a doubt whether this disturbance

could properly be considered as a riot, but they did not choose to avail

themselves of the doubt, if there was any, and submitted.

There is this extenuation of the rashness of these young men, that Dr.

Mason, to whom was attributed the attempt to suppress certain passages in

Stevenson's oration, was himself in the habit of giving free expression to

his political sentiments in the pulpit. He belonged to the federal party,

Stevenson to the party then called republican.

I have said the accused submitted; but the phrase is scarcely accurate.

Verplanck took his own way of obtaining redress, and annoyed Clinton with

satirical attacks for several years afterward. Some of these appeared in a

newspaper called the _Corrector_, but those which attracted the most

attention, were the pamphlets styled Letters of Abimelech Coody, Ladies'

Shoemaker, the first of which was published in 1811, addressed to Dr.

Samuel Latham Mitchell.

The war went on until Clinton or some friend was provoked to answer in a

pamphlet entitled An Account of Abimelech Coody and other celebrated

Worthies of New York, in a Letter from a Traveller. The writer saterizes

not only Verplanck, but James K. Paulding and Washington Irving, of whose

History of New York he speaks disparagingly. In what he says of Verplanck

he allows himself to refer to his figure and features as subjects of

ridicule. This war I think was closed by the publication of "The Bucktail

Bards," as the little volume is called, which contains The State

Triumvirate, a Political Tale, and the Epistles of Brevet Major Pindar

Puff. These I have heard spoken of as the joint productions of Verplanck

and Rudolph Bunner, a scholar and a man of wit. The State Triumvirate is

in octo-syllabic verse, and in the manner of Swift, but the allusions are

obscure, and it is a task to read it. The notes, in which the hand of

Verplanck is very apparent, are intelligible enough and are clever,

caustic and learned. The Epistles, which are in heroic verse, have

striking passages, and the notes are of a like incisive character. De Witt

Clinton, then Governor of the State, valued himself on his devotion to

science and literature, but he was sometimes obliged, in his messages and

public discourses, to refer to compends which are in every body's hands,

and his antagonists made this the subject of unsparing ridicule.

In the family of Josiah Ogden Hoffman, lived Mary Eliza Fenno, the sister

of his wife, and daughter of John Ward Fenno, originally of Boston, and

afterwards proprietor of a newspaper published in Philadelphia, entitled

the _Gazette of the United States_. Between this young lady and Verplanck

there grew up an attachment, and in 1811 they were married. I have seen an

exquisite miniature of her by Malbone, taken in her early girlhood when

about fifteen years old--beautiful as an angel, with light chestnut hair

and a soft blue eye, in the look of which is a touch of sadness, as if

caused by some dim presentiment of her early death. I remember hearing

Miss Sedgwick say that she should always think the better of Verplanck for

having been the husband of Eliza Fenno. Several of her letters written to

him before their marriage are preserved, which, amidst the sprightliness

natural to her age, show a more than usual thoughtfulness. She rallies him

on being adopted by the mob, and making harangues at ward meetings. She

playfully chides him for wandering from the Apostolic Church to hear

popular preachers and clerks that sing well; which she regards as crimes

against the memory of his ancestors--an allusion to that part of the

family pedigree which traced his descent in some way from the royal line

of the Stuarts. She rallies him on his passion for old books, remarking

that some interesting works had just appeared which must be kept from him

till he reaches the age of three score, when they will be fit for his

perusal. She writes to him from Boston, that he is accounted there an

amazingly plain spoken man--he had called the Boston people heretics. She

writes to him in Stratford, imagining him in Bishop Berkeley's arm-chair,

surrounded by family pictures and huge folios. These letters were

carefully preserved by her husband till his death, along with various

memorials of her whom he had lost; locks of her sunny brown hair, the

diamond ring which he had placed on her finger when they were engaged to

each other, wrapt in tresses of the same bright hair, and miniatures of

her, which the family never heard of till he died; all variously disposed

among the papers in the drawers of his desk; so that whenever he opened

it, he might be reminded of her, and her memory might become a part of his

daily life. With these were preserved some letters of his own, written to

her about the same time, and of a sportive character. In one of these he

laments the passing away of the good old customs, and simple ways of

living in the country, supplanted by the usages of town life. Everybody

was then reading Coelebs in Search of a Wife, and Verplanck who had just

been looking over some of the writings of Wilberforce, sees in it

resemblances to his style, which led him to set down Wilberforce as the

author.

He lived with his young wife five years, and she bore him two sons, one of

whom died at the age of thirty unmarried, and the other has become the

father of a numerous family. Her health failing he took her to Europe, in

the hope that it might be restored by a change of air and scene, but after

languishing a while she died at Paris, in the year 1817. She sleeps in the

cemetery of Pere La Chaise, among monuments inscribed with words strange

to her childhood, while he, after surviving her for sixty-three years, yet

never forgetting her, is laid in the ancestral burying ground at Fishkill,

and the Atlantic ocean rolls between their graves.

He remained in Europe a little while after this event, and having looked

at what the continent had to show him, went over to England. In his

letters to his friends at home he spoke pathetically of the loss of her

who was the blessing of his life, of the delight with which, had she

lived, she would have looked at so many things in the old world now

attracting his attention; and of the misfortune of his children to be

deprived of her care and guidance. In one of his letters he speaks

enthusiastically of the painter, Allston, with whose genius he was deeply

impressed as he looked on the grand picture of Daniel interpreting the

Dream of Belshazzar, then begun but never to be finished. In the same

letter he relates this anecdote:

"You may expect another explosion of mad poetry from Lord Byron. Lord

Holland, who returned from Geneva, a few days ago, told Mr. Gallatin that

he was the bearer of a considerable cargo of verses from his lordship to

Murray the publisher, the subject not known. That you may have a higher

relish for the new poem, I give you a little anecdote which is told in

London. Some time ago Lord Byron's books were sold at auction, where a

gentleman purchased a splendid edition of Shakespeare. When it was sent

home a volume was missing. After several fruitless inquiries of the

auctioneer the purchaser went to Byron. 'What play was in the volume?'

asked he. 'I think Othello,' 'Ah! I remember. I was reading that when Lady

Byron did something to vex me. I threw the book at her head and she

carried it out of the room. Inquire of some of her people and you will get

your book.'"

While abroad, Verplanck fell in with Dr. Mason, who had refused Stephenson

his degree. The two travellers took kindly to each other, and the

unpleasant affair of the college disturbance was forgotten.

In 1818, after his return from Europe, he delivered before this Society

the noble Anniversary Discourse in which he commemorates the virtues and

labors of some of those illustrious men who, to use his words, "have most

largely contributed to raise or support our national institutions, and to

form or elevate our national character." Las Casas, Roger Williams,

William Penn, General Oglethorpe, Professor Luzac, and Berkeley are among

the worthies whom he celebrates. It has always seemed to me that this is

one of the happiest examples in our language of the class of compositions

to which it belongs, both as regards the general scope and the execution,

and it is read with as much interest now as when it was first written.

Mr. Verplanck was elected in 1820 a member of the New York House of

Assembly, but I do not learn that he particularly distinguished himself

while in that body. In the year following he was appointed, in the General

Theological Seminary of the Episcopal Church, Professor of the Evidences

of Revealed Religion and Moral Science in its relations to Theology. For

four years he performed the duties of this Professorship, with what

ability is shown by his Treatise on the Evidences of Christianity, the

fruit of his studies during this interval. It is principally a clear and

impressive view of that class of proofs of the Christian religion which

have a direct relation to the intellectual and moral wants of mankind. For

he was a devout believer in the Christian gospel, and cherished religious

convictions for the sake of their influence on the character and the life.

This work was published in 1824, about the time that he resigned his

Professorship.

It was in 1824, that, on a visit to New York, I first became acquainted

with Verplanck. On the appearance of a small volume of poems of mine,

containing one or two which have been the most favorably received, he

wrote, in 1822, some account of them for the New York American, a daily

paper which not long before had been established by his cousin, Johnson

Verplanck, in conjunction with the late Dr. Charles King. He spoke of them

at considerable length and in the kindest manner. As I was then an unknown

literary adventurer, I could not but be grateful to the hand that was so

cordially held out to welcome me, and when I came to live in New York, in

1825, an intimacy began in which I suspect the advantage was all on my

side.

It was in 1825 that he published his Essay on the Doctrine of Contracts,

in which he maintained that the transaction between the buyer and seller

of a commodity should be one of perfect frankness and an entire absence of

concealment; that the seller should be held to disclose everything within

his knowledge which would affect the price of what he offered for sale,

and that the maxim which is compressed into the two Latin words, _caveat

emptor_--the maxim that the buyer takes the risk of a bad bargain--is not

only a selfish but a knavish and immoral rule of conduct, and should not

be recognized by the tribunals. The question is ably argued on the grounds

of an elevated morality--but I have heard jurists object to the doctrine

of this essay, that if it were to prevail it would greatly multiply the

number of lawsuits.

In 1825, Mr Verplanck was elected one of the three Representatives in

Congress, to which this city was then entitled. He immediately

distinguished himself as a working member. This appellation is given in

Congress to members who labor faithfully in Committees, consider petitions

and report upon them, investigate claims, inquire into matters referred to

their judgment, frame bills and present them through their Chairman.

Besides these, there are the talking members who take part in every

debate, often without knowing anything of the question, save what they

learn while the debate is proceeding, and the idle members, who do nothing

but vote--generally I believe, without knowing anything of the question

whatever; but to neither of these classes did Verplanck belong. He was a

diligent, useful, and valued member of the Committee of Ways and Means,

and at an important period of our political history was its Chairman.

Then arose the great controversy concerning the right of a State to

refuse obedience at pleasure to any law of Congress, a right contended for

under the name of nullification by some of the most eminent men of the

South, whose ability, political influence, and power of putting a

plausible face on their heresy, gave their cause at first an appearance of

great strength, and seemed to threaten the very existence of the Union.

With their denial of the binding force of any law of Congress which a

State might think proper to set aside, these men combined another

argument. They denied the power of Congress, under the Constitution, to

levy duties on imported merchandize, for the purpose of favoring the home

manufacturer, and maintained that it could only lay duties for the sake of

raising a revenue. Mr. Verplanck favored neither this view nor their

theory of nullification. He held that the power to lay duties being given

to Congress, without reservation by the Constitution, the end or motive of

laying them was left to the discretion of the Legislature. He showed also

that the power to regulate commerce given to that body in the

Constitution, was, from an early period in our history, held to imply a

right, by laying duties, to favor particular traffics, products or

fabrics.

This view of the subject was presented with great skill and force in a

pamphlet entitled "A Letter to Colonel William Drayton, of South

Carolina," published in 1831. Mr. Verplanck was through life a friend to

the freedom of exchange, but he would not use in its favor any argument

which did not seem to him just. His pamphlet was so ably reasoned that

William Leggett said to him, in my presence, "Mr. Verplanck, you have

convinced me; I was, till now, of a different opinion from yours, but you

have settled the question against me. I now see that whatever may be the

injustice of protective duties, Congress has the constitutional right to

impose them."

It was while this controversy was going on that President Jackson issued

his proclamation warning those who resisted the revenue laws that their

resistance was regarded as rebellion, and would be quelled at the

bayonet's point. Mr. Calhoun and his friends were not prepared for this:

indeed, I do not think that in any of his plans for the separate action of

the slave States, he contemplated a resort to arms on either side. They

looked about them to find some plausible pretext for submission, and this

the country was not unwilling to give. It was generally admitted that the

duties on imported goods ought to be reduced, and Mr. McLane, Secretary of

the Treasury, and Mr. Verplanck, Chairman of the Committee of Ways and

Means, each drew up a plan for lessening the burdens of the tariff.

Mr. McLane had just returned from a successful mission to Great Britain,

and had the advantage of considerable personal popularity. He was a

moderate protectionist, and with great pains drew up a scheme of duties

which kept the protection of home manufactures in view. Some branches of

industry, he thought, were so far advanced that they would bear a small

reduction of the duty; others a still larger; others were yet so weak that

they could not prosper unless the whole existing duty was retained. The

scheme was laid before Congress, but met with little attention from any

quarter; the southern politicians regarded it with scorn, as made up of

mere cheese-parings. Mr. Verplanck's plan of a tariff was more liberal. He

was not a protectionist, and his scheme contemplated a large reduction of

duties--as large as it was thought could possibly be adopted by

Congress--yet so framed as to cause as little inconvenience as might be to

the manufacturers. It was thought that Mr. Calhoun and his friends would

readily accept it as affording them a not ignoble retreat from their

dangerous position.

While these projects were before Congress, Mr. Littell, a gentleman of the

free-trade school, and now editor of the "Living Age," drew up a scheme of

revenue reform more thorough than either of the others. It proposed to

reduce the duties annually until, at the end of ten years the principle of

protection, which was what the southern politicians complained of, should

disappear from the tariff, and a system of duties take, its place which

should in no case exceed the rate of twenty per cent, on the value of the

commodity imported. The draft of this scheme was shown to Mr. Clay: he saw

at once that it would satisfy the southern politicians; he adopted it,

brought it before Congress, urged its enactment in several earnest

speeches, and by the help of his great influence over his party it was

rapidly carried through both houses, under the name of the Compromise

Tariff, to the astonishment of the friends of free-trade, the mill owners,

the Secretary of the Treasury, the Committee of Ways and Means, and, I

think, the country at large. I thought it hard measure for Mr. Verplanck

that the credit of this reform should be taken out of his hands by one who

had always been the great advocate of protective duties; but this was one

of the fortunate strokes of policy which Mr. Clay, when in the vigor of

his faculties, had the skill to make. He afterwards defended the measure

as inflicting no injury upon the manufacturers, and it never appeared to

lessen the good will which his party bore him.

About this time I was witness to a circumstance which showed the sagacity

of Mr. Verplanck in estimating the consequences of political measures. Mr.

Van Buren had been sent by President Jackson as our Minister to the

British Court while Congress was not in session, and the nomination yet

awaited confirmation by the Senate. It led to a long and spirited debate,

in which Mr. Marcy uttered the memorable maxim: "To the victor belong the

spoils of the enemy," which was so often quoted against him. I was in

Washington, dining with Mr. Verplanck, when the vote on this nomination

was taken. As we were at the table, two of the Senators, Dickinson, of New

Jersey, and Tazewell, of Virginia, entered. Verplanck, turning to them,

asked eagerly: "How has it gone?" Dickinson, extending his left arm, with

the fingers closed, swept the other hand over it, striking the fingers

open, to signify that the nomination was rejected. "There," said

Verplanck, "that makes Van Buren President of the United States."

Verplanck was by no means a partizan of Van Buren, but he saw what the

effect of that vote would be, and his prediction was, in due time,

verified.

While in Congress, Mr. Verplanck procured the enactment of a law for the

further security of literary property. To use his own words, it "gave

additional security to the property of authors and artists in their works,

and more than doubled the term of legal protection to them, besides

simplifying the law in various respects." It was passed in 1831, though

Mr. Verplanck had begun to urge the measure three years before, when he

brought in a bill for the purpose, but party strife was then at its

height, and little else than the approaching elections were thought of by

the members of Congress. When party heat had cooled a little, he gained

their attention, and his bill became a law. If we had now in Congress a

member so much interested for the rights of authors and artists, and at

the same time so learned, so honored, and so persevering, we might hope

that the inhospitable usage which makes the property of the American

author in Great Britain and of the British author in the United States the

lawful prize of whosoever chooses to appropriate it to himself, would be

abolished.

A dinner was given to Verplanck on his return from Washington, in the name

of several literary gentlemen of New York, but the expense was, in fact,

defrayed by a generous and liberal-minded bookseller, Elam Bliss, who held

authors in high veneration and only needed a more discriminating

perception of literary merit to make him, in their eyes at least, a

perfect bookseller. On this occasion Mr. Verplanck spoke well and modestly

of the part he had taken in procuring the passage of the new law;

mentioned with especial honor the "first and ablest champion" who had then

"appeared in this cause," the Hon. Willard Phillips, who had discussed the

question in the "North American Review;" referred to the opinions of

various eminent publicists, and pointed out that our own Constitution had

recognized the right of literary property while it left to Congress the

duty of securing it. He closed with an animated view of what American

literature ought to be and might be under circumstances favorable to its

wholesome and vigorous growth. We listened with delight and were proud of

our Representative.

During Mr. Verplanck's fourth and last term in Congress he became

separated from his associates of the Democratic party by a difference in

regard to the Bank of the United States. General Jackson had laid rough

hands on this institution and removed to the State banks the public money

which had till then been entrusted to its keeping. Many of our best men

had then a high opinion of the utility of the bank, and thought much

better of its management than, as afterwards appeared, it deserved. The

Whig party declared itself in favor of the bank. Mr. Calhoun and the

Southern politicians of his immediate school joined them on this question,

and Mr. Verplanck, who regarded the bank with a friendly eye, found

himself on the same side, which proved to be the minority. The time

arrived for another election of members of Congress from this City. The

Democratic party desired to re-elect Mr. Verplanck, if some assurance

could be obtained from him that he would not oppose the policy of the

Administration in regard to the bank. That party understood very well his

merits and his usefulness, and made a strong effort to retain him, but he

would give no assurance, even to pursue a neutral course, on the bank

question, and accordingly his name was reluctantly dropped from their

list of nominations. A long separation ensued between him and those who up

to that time had been his political associates.

In 1834, the Whig party, looking for a strong candidate for the Mayoralty

of the City, offered the nomination to Verplanck, who accepted it. On the

other side, the Democrats brought forward Cornelius W. Lawrence, a man of

popular manners and unquestioned integrity. Those were happy days when, in

voting for a Mayor, the citizen could be certain that he would not vote

amiss, and that whoever succeeded in the election, the City was sure of an

honest man for its chief officer. One would have thought that this

consideration might make the election a quiet one, but it was not so; the

struggle was for party supremacy, and it was violent on both sides. At

that time the polls were kept open for three days, and each day the

excitement increased; disorders took place; some heads were broken, and at

last it appeared that Lawrence was elected Mayor by a majority of about

two hundred votes.

While in Congress, Verplanck had leisure, during the interval between one

session and another, for literary occupations. He wrote about one-third of

an annual collection of miscellanies entitled, the "Talisman," which was

published by Dr. Bliss in the year 1827 and the two following years. To

these volumes he contributed the "Peregrinations of Petrus Mudd," a

humorous and lively sketch, founded on the travels of a New Yorker of the

genuine old stock, who when he returned from wandering over all Europe and

part of Asia, set himself down to study geography in order to know where

he had been. Of the graver articles he wrote "De Gourges," a chapter from

the history of the Huguenot colonists of this country, "Gelyna, a Tale of

Albany and Ticonderoga," and several others. In conjunction with Robert C.

Sands, a writer of a peculiar vein of quaint humor, he contributed two

papers to the collection, entitled "Scenes in Washington," of a humorous

and satirical character. He disliked the manual labor of writing and was

fond of dictating while another held the pen. I was the third contributor

to the "Talisman," and sometimes acted as his amanuensis. In estimating

Verplanck's literary character, these compositions, some of which are

marked by great beauty of style and others by a rich humor, should not be

over-looked. The first volume of the "Talisman" was put in type by a young

Englishman named Cox, who, while working at his desk as a printer,

composed a clever review of the work, which appeared in the "New York

Mirror," and of which Verplanck often spoke with praise.

In 1833, Verplanck collected his public speeches into a volume. Among

these is one delivered in August of that year, at Columbia College, in

which he holds up to imitation the illustrious examples of great men

educated at that institution. In one of those passages of stately

eloquence which he knew so well to frame, he speaks of the worth of his

old adversary, De Witt Clinton, the first graduate of the College after

the peace of 1783, and pays due "honor to that lofty ambition which taught

him to look to designs of grand utility, and to their successful execution

as his arts of gaining or redeeming the confidence of a generous and

public spirited people." In the same discourse he pronounced the eulogy of

Dr. Mason, who had died a few days before. In the same year, Verplanck, at

Geneva College, delivered an address on the "Right Moral Influence and Use

of Liberal Studies," and the next year, at Amherst College, another on the

converse of that subject, namely, the "Influence of Moral Causes upon

Opinion, Science and Literature." In 1836, he gave a discourse on "the

Advantages and Dangers of the American Scholar." Of these addresses let me

say, that I know of no compositions of their class which I read with more

pleasure or more instruction. Enlarged views, elevated sentiments, a

hopeful and courageous spirit, a wide knowledge of men and men's recorded

experience, and a manly dignity of style, mark them all as the productions

of no common mind.

After separating from the Democratic party, Mr. Verplanck was elected by

the Whigs, in 1837, to the Senate of the State of New York, while that

body was yet a Court for the Correction of Errors,--a tribunal of the

last resort,--and in that capacity decided questions of law of the highest

magnitude and importance. Nothing in his life was more remarkable than the

new character in which he now appeared. The practiced statesman, the

elegant scholar and the writer of graceful sketches, the satirist, the

critic, the theologian, started up a profound jurist. During the four

years in which he sat in this Court, he heard the arguments in nearly

every case which came before it, and delivered seventy-one opinions--not

simply his written conclusions, but elaborate judgments founded on the

closest investigation of the questions submitted, the most careful and

exhaustive examination of authorities, and a practical, comprehensive and

familiar acquaintance with legal rules and principles, even those of the

most technical nature, which astonished those who knew that he had never

appeared for a client in Court, or sat before in a judicial tribunal. I

use in this the language of an able lawyer, Judge Daly, who has made this

part of Verplanck's labors a subject of special study.

As examples of his judicial ability, I may instance his examination of the

whole structure of our State and Federal Government in the case of

Delafield against the State of Illinois, where the question came up

whether an individual could sue a State; his survey of the whole law of

marine insurance and the principles on which it is founded, in the case of

the American Insurance Company against Bryan; his admirable statement of

the reasons on which rests the law of prescription, or right established

by usage, in the case of Post against Pearsall; his exposition of the

extent of the right which in this country the owners of land on the

borders of rivers and navigable streams have in the bed of the river, in

Kempshall's case--a masterly opinion, in which the whole Court concurred.

I might also mention the great case of Alice Lispenard, in which he

considered the degree of mental capacity requisite to make a will, a case

involving a vast amount of property in this city, decided by his opinion.

There is also the case of Smith against Acker, relating to the taint of

fraud in mortgages of personal property, in which he carried the Court

with him against the Chancellor and overturned all the previous decisions.

Not less important is his elaborate, learned and exhaustive opinion in the

case of Thompson against the People, decided by a single vote and by his

opinion,--in which he examined the true nature of franchises conferred on

individuals in this country by the sovereign power, the right to construct

bridges over navigable streams, and the proper operation of the writ of

_quo warranto_. These opinions of Verplanck form an important part of the

legal literature of our State. If he had made the law his special pursuit,

and been placed on the bench of one of our higher tribunals, there is no

degree of judicial eminence to which he might not have aspired. The

Standing Committee of the Diocese of New York, of which he was a member,

in their resolutions expressive of sorrow for his death, spoke of him as

one whose judicial wisdom and familiarity with the principles and practice

of the law, made his counsels of the highest value.

In 1844, after, I doubt not, some years of previous study, appeared the

first number of Verplanck's edition of Shakespeare, issued by Harper &

Brothers. The numbers appeared from time to time till 1847, when the work

was completed. He made some corrections of the text but never rashly; he

selected the notes of other commentators with care; he added some

excellent ones of his own, and wrote admirable critical and historical

prefaces to the different plays. This edition has always seemed to me the

very one for which the general reader has occasion.

A Discourse on the Life, Character and Writings of Gulian Crommelin Verplanck Delivered before the New-York Historical Society, May 17th, 1870 · 第 1 / 3 段