CHAPTER III.

The extracts which have been given from the correspondence of Mr.

Galloway present, in a point of view sufficiently clear and distinct,

the unquestionable hostility of the tories towards the whigs; the

manner in which they wished the British ministry to conduct the

contest; the punishment they would have inflicted upon the rebels if

they had been successful, and the form in which they would have

subsequently governed the country. These views are deemed a sufficient

reason for the feelings of the whigs; a justification of those

legislative disqualifications of the tories which were adopted by the

State of New-York during the war of the revolution, and cause for the

patriotic determination that the refugees should not be protected or

permitted to remain in the land which they had so zealously struggled

to enslave.

At a very early period after the declaration of Independence, parties

were formed among the whigs. In the State of New-York, at the first

election, in 1777, for governor under the new Constitution, General

Schuyler was presented in opposition to George Clinton, but was

defeated. With that defeat it is believed commenced political

heart-burnings and collisions which, although at times smothered, were

never extinguished. Schuyler was a man of great boldness and sagacity.

He was personally unpopular, yet he possessed a commanding influence

over the mind of those with whom lie commingled or was in any manner

connected; an ascendancy which, in a measure, was to be ascribed to

the force of intellect.

On the 12th of September, 1780, General Schuyler was a candidate for

Congress. At that time the members were chosen by the legislature.

Each house, viva voce, named a candidate. The two branches then met

together and compared their nominations. If they both designated the

same individual, he was declared to be chosen. If not, they proceeded

as one body to a ballot, and the person having a majority of all the

votes given was duly elected. The house almost unanimously nominated

General Schuyler, the vote being for Schuyler, thirty-one, for Ezra

L'Hommidieu seven. The senate nominated L'Hommidieu. In joint ballot,

notwithstanding the vote Schuyler had received in the house,

L'Hommidieu was chosen. For some reason not then explained, there was

a sudden and extraordinary change of opinion in the legislature in

relation to General Schuyler.

About this period, certain individuals were for the appointment of a

"Supreme dictator, with all the powers conferred by the Roman people."

A convention was to be held at Hartford, consisting of delegates from

the five New-England states and the state of New-York, for the

purpose, among other objects, of devising more efficient measures for

the supply of the army. Judge Hobart, Egbert Benson, and General

Schuyler were the delegates. "It was for a contemplated by the

legislature to give them instructions to propose that a dictator

should be appointed, for which a majority in the more popular branch

were believed to be favourable. This 'mad project,' as Colonel

Alexander Hamilton designated it, was communicated to him by General

Schuyler in a letter of the 16th of September, 1780." [1]

The scheme was opposed with great ardour and perseverance by Governor

George Clinton, Ezra L'Hommidieu, and others; but, through the

influence of the former, in a great measure, the "mad project" was

defeated. Here again the party lines were drawn between Governor

Clinton and General Schuyler. It is highly probable that the plan for

appointing a "supreme dictator" was a principal cause for the change

of opinion respecting General Schuyler in the legislature on the 12th

of September, and contributed to defeat his election to Congress.

From this period until the adoption of the Federal Constitution, the

Clinton and the Schuyler parties continued to exist. In the ranks of

the latter there was great concert in action. On an examination of the

legislative journals from 1777 to 1788, it will be seen, that with

General Schuyler were the Jays, the Livingstons, the Van Rensellaers,

and the Bensons, and that they almost uniformly voted together.

And now of the tories. In the year 1779 some of them, who had removed

from Albany within the British lines, petitioned the legislature for

leave to return, which petition was rejected. At the same session an

act was passed requiring all counsellors and attorneys, before they

could be permitted to practice in any court, to produce evidence of

their attachment to the liberty and independence of the United States.

On the 20th of November, 1781, a special act was passed on the same

subject, confirmatory of what bad been done in 1779.

The first session of the legislature after the revolutionary war was

held in the city of New-York. It was convened by proclamation of the

governor on the 6th of January, 1784, and continued its sitting until

the 12th of May following. In the first month of the session, numerous

petitions were presented by the tories, praying to be relieved from

their banishment, and to be permitted a residence within the state.

The legislature perceived that, if they did not act promptly, their

tables would be covered with these memorials. Therefore, in the

language of Governor Clinton at the opening of the session, the

assembly said--

"While we recollect the general progress of a war which has been

marked with cruelty and rapine; while we survey the ruins of this once

flourishing city and its vicinity; while we sympathize in the

calamities which have reduced so many of our virtuous fellow-citizens

to want and distress, and are anxiously solicitous for means to repair

the wastes and misfortunes which we lament," we cannot hearken to

these petitions. They were referred to a select committee, which

committee in a few days reported against granting their prayer, and

the house instantly, without a division, agreed to the report. This

was on the 9th of February, 1784.

On the 11th of February, 1784, the assembly passed a resolution

directing that the names of those persons that had been attainted

should be communicated to the governors of the several states;

requesting to be supplied, in like manner, with "a list of the persons

proscribed or banished by their respective states, in order that

thereby the _principles of federal union_ may be adhered to and

preserved." In the senate this resolution was permitted to sleep.

Chancellor Robert R. Livingston, in a letter to John Jay dated the

25th of January, 1784, thus speaks of parties at this period. "Our

parties are, first, the tories, who still hope for power, under the

idea that the remembrance of the past should be lost, though they

daily keep it up by their avowed attachment to Great Britain;

secondly, the violent whigs, who are for expelling all tories from the

state, in hopes, by that means, to preserve the power in their own

hands. The third are those who wish to suppress all violence, to

soften the rigour of the laws against the loyalists, and not to banish

them from that social intercourse which may, by degrees, obliterate

the remembrance of past misdeeds."

On the 8th of March, 1784, Peter Yates and three hundred others

petitioned the legislature to prevent those persons who had joined or

remained with the enemy during the late war from returning, and to

prohibit such as have remained from being eligible to any office of

profit or trust. On the 31st of the same month strong resolutions were

introduced into the house, and adopted by both branches, against the

tories, declaring, among other things, "That as, on the one hand, the

rules of justice do not require, so, on the other, the public

tranquility will not permit, that such adherents who have been

attainted should be restored to the rights of citizenship."

In May, 1784, the legislature passed an act entitled "An act to,

preserve the freedom and independence of this state, and for other

purposes." The object of this law was to prohibit the tories from

holding any office. The Council of Revision returned the bill, with

objections to its passage, one of which was, "that so large a portion

of the citizens remained in parts of the _Southern District_ which

were possessed by the British armies, that in most places it would be

difficult, and in many _absolutely impossible_, to find men to fill

the necessary offices, even for _conducting_ elections, until a new

set of inhabitants could be procured."

This bill of disfranchisement, notwithstanding the objections of the

Council of Revision, was passed by more than two thirds of both

branches, and thus became a law. Such were the feelings of the

"violent whigs;" such the policy of the first legislature after the

termination of the war. But, unfortunately, among those who had fought

the battles of the revolution, there were some who doubted the

capacity of the people for self-government, while there were others

who sought power and influence at the hazard of principle. The

Schuyler party were in the minority. The Clinton party, designated by

Chancellor Livingston as the "violent whigs," were uncompromising on

the question of banishing the tories, who were numerous, especially in

the Southern District. It seemed probable, therefore, if restored to

citizenship, that they would amalgamate with the _third_ party, or

that class of whigs "who wished to suppress all violence, and to

soften the rigour of the laws against the royalists."

In March, 1783, the legislature passed an act entitled "An act for

granting more effectual relief in cases of trespass." The object of

this act was to enable the whigs at the termination of the war to

recover from the tories rent for any landed estate they might have

occupied; and in cases of suit for such rent, the act declares "that

no defendant or defendants shall be admitted to plead in justification

any military order or command whatsoever for such occupancy."

Under this statute an action was commenced by Mrs. Rutgers against Mr.

Waddington, in the Mayor's Court of the City of New-York, for the

recovery of rent for the occupancy of a brewhouse and malthouse, the

property of the said Mrs. Rutgers. The cause was argued on the 29th of

June, 1784, James Duane as Mayor, and Richard Varick as Recorder,

presiding. On the 27th of August the court gave judgment "that the

plea of the defendant was good for so much of the time as he held

under the British commander-in-chief; because, in the opinion of the

court, a liberal construction of the law of nations would make it so."

As this decision involved a great principle, and would materially

affect the whigs whose property had been occupied by the tories during

the war, it produced great excitement.

A meeting of the whigs was convened on the 13th of September, 1784. A

committee was appointed, and an address to the people of the state

prepared and published by them. That committee consisted of Melancton

Smith, Peter Ricker, Jonathan Lawrence, Anthony Rutgers, Peter T.

Curtenius, Thomas Tucker, Daniel Shaw, Adam Gilchrist, Junr., and John

Wiley. Of this committee Melancton Smith was the life and soul. He was

the author of the address--a clear, able, and unanswerable exposition

of the case. It states the determination of Mrs. Rutgers to carry it

up to the Supreme Court, and, if defeated there, to the Senate, which,

with the judges of the Supreme Court, constituted the Court for the

Correction of Errors. Having reference to the contemplated

proceedings, the address closes as follows:--

"Preparatory to such an event, we exhort you to be cautious, in your

future choice of senators, that none be elected but those on whom,

from long and certain experience, you can rely as men attached to the

liberty of America, and firm friends to our laws and constitution; men

who will spurn at any proposition that has a tendency to curtail the

privileges of the people, and who, at the same time that they protect

us against _judicial tyranny_, have wisdom to see the propriety of

supporting that necessary independence in courts of justice, both of

the legislature and people.

"Having confined ourselves to constitutional measures, and now

solemnly declaring our disapprobation of all others, we feel a freedom

in sounding the alarm to our fellow-citizens. If that independence,

which we have obtained at a risk which makes the acquisition little

less than miraculous, was worth contending for against a powerful and

enraged monarch, and at the expense of the best blood in America,

surely its preservation is worth contending for against those _among

ourselves who might impiously hope to build their greatness upon the

ruins of that fabric which was so dearly established_.

"That the principle of decision in the case of Rutgers _vs_.

Waddington is dangerous to the freedom of our government, and that a

perseverance in that principle would leave our legislature nothing but

a name, and render their sessions nothing more than an expensive form

of government, the preceding remarks must evidence.

"Permit us, on this occasion, earnestly to entreat you to join us in

watchfulness against every attempt that may be used, either violently

and suddenly, or _gently_ and _imperceptibly, to effect a revolution_

in the _spirit_ and _genius_ of our government; and _should there be

among us characters to whom the simplicity of it is offensive_, let

our attention and perseverance be such as to _preclude the hopes of a

change_."

Here again the party lines of 1777 are distinctly marked. Melancton

Smith, Jonathan Lawrence, &c., were of the Clinton party, while Mr.

Duane and Mr. Varick were attached to the Schuyler interest.

In October, 1784, the case of Rutgers _vs_. Waddington was brought

before the legislature, and on the 27th of that month the assembly

_Resolved_, That this adjudication is subversive of all law and good

order; because, if a court instituted for the _benefit and government

of a corporation_ may take upon themselves to dispense with a law of

the state, all other courts may do the like: therefore,

_Resolved_, That it be recommended to the honourable the Council of

Appointment, at their next session, to appoint such persons to be

mayor and recorder of the city of New-York as will govern themselves

by the known laws of the land.

Subsequently Waddington compromised the claim against him; but the law

in similar cases became operative, and remained so until its repeal by

the legislature. In the following session, March, 1785, an

unsuccessful attempt was made to repeal the act of 1781, disqualifying

tory counsellors and attorneys; some modification, however, of other

laws of a similar character was effected. In April, 1786, the

repealing act passed; and the restriction on the tory lawyers being

removed, they were permitted to practise in the several courts of the

state. During the same month, "an act for the payment of certain sums

of money" was amended by adding a clause, "restoring to the rights of

citizenship, on taking the oath of abjuration and allegiance," all

such persons as had been disfranchised by the third clause of the act

entitled "An act to preserve the freedom and independence of this

state," passed the 12th of May, 1784. During this session the Schuyler

party had the ascendence, and on all questions having a political

aspect the names of Alexander Hamilton, Richard Varick, C. Livingston,

Nicholas Bayard, David Brooks, James Livingston, &c., will be found on

the same side.

On the 10th of March, 1787, Mr. Hamilton asked leave, which was

granted, to bring in a bill to repeal the act entitled "An act for

granting relief in case of certain trespasses." This was the act under

which the suit had been commenced against Waddington, and which case

produced so much excitement in the summer and autumn of 1784. Mr.

Hamilton's bill passed; but, lest there should be some forgotten

statute that might restrict or limit the political privileges of the

tories, it was deemed expedient, on the 13th of April, to introduce

and pass an act under the imposing title of "An act to repeal all laws

of this state inconsistent with the treaty of peace." As its

provisions met every possible case, the tories were now placed on a

footing with the whigs. All they wanted was leaders. The rank and file

they already possessed.

The Schuyler party sought allies. The tories were numerous, especially

in the Southern District. The Clinton party, designated by Chancellor

Livingston, in his letter to John Jay, as the "_violent whigs_," were

uncompromising on the question of banishing the tories from the state.

It seemed probable, therefore, that, sooner or later, if restored to

citizenship, they would amalgamate with that class of whigs who wished

to suppress "all violence, and to soften the rigour of the laws

against the royalists."

The effect of these legislative measures on the tories was anticipated

by both friends and foes. Chancellor Livingston, in January, 1784, had

said that there were three parties in the state:--

_First_. The tories.

_Second_. The violent whigs.

_Third_. Those who wished " to soften the rigour of the laws against

the royalists."

The Council of Revision, composed of Robert R. Livingston, Justice

Morris, and Judge Hobart, had solemnly placed on record their opinion,

that, in some portions of the Southern District "it would be

difficult, and in many _absolutely impossible_, to find whigs to fill

the necessary offices even for _conducting_ elections." Under such

circumstances it was evident that the _first_ and _third_ parties must

amalgamate, and such was the result.

In January, 1788, the legislature met, and directed the call of a

State Convention, to whom was to be submitted the Federal

Constitution, as adopted by the General Convention held in

Philadelphia in May, 1787. During this session the same party lines

continued to be visible, although the respective parties had now

assumed, or were designated by new names. The Schuyler was called the

Federal party, and the Clinton the anti-Federal party; thev were

composed, however, of the same individuals, with very few exceptions.

The great, and almost the only strength which the federal party

possessed in the state was in the Southern District. Here the

acquisition of the tories rendered their power and influence

irresistible. From this district, composed of the counties of

Westchester, New-York, Richmond, King's, Queen's, and Suffolk, the

federalists had in the Assembly, during the session of 1788-89,

_twenty_ votes, and on no _party_ question did they command, during

the whole session, more than _twenty-three_ votes.

In December, 1788, a bill for carrying into operation the federal

constitution being under consideration, a proposition was made to

choose United States senators; but the federalists having a majority

in the Senate, and the anti-federalists a majority in the House of

Assembly, no compromise between the parties could be effected, and

consequently no senators were chosen.

The following persons may be considered as constituting the strength

of the Schuyler, now federal party, in the assembly of 1788-89:--

Brockholst Livingston, of the city of New-York. William W. Gilbert, "

" Alexander Macomb, " " Richard Harrison, " " Nicholas Hoffman, " "

John Watts, Jun., " " Nicholas Low, " " Gulian Verplanck, " " Comfort

Sands, " " Philip Van Cortlandt, Westchester county. Philip

Livingston, " " Nathaniel Rockwell, " " Walter Seaman, " " Jonathan

Horton, " " John Younglove, Albany county. Henry K. Van Rensellaer, "

" Stephen Carman, Queen's county. Whitehead Cornwell, " " Peter

Vandervoort, King's county. Aquilla Giles, " " Abraham Bancker,

Richmond county. John C. Dongan, " " Samuel A. Barker, Dutchess

county.

It will be observed, that all the above Schuyler or federal members,

with the exception of _two_ from Albany and _one_ from Dutchess

county, were elected as representatives from the Southern District.

Having stated the origin and progress of the great political parties

in the State of New-York, as they appear from the public records, it

may be proper to add that Colonel Burr belonged to what was termed by

Mr. Livingston "the violent whig party." By that party, while the

tories were disfranchised, Mr. Burr was elected in 1784 to represent

the city and county of New-York in the legislature. By that party, in

1789, he was appointed attorney-general of the state. By that party,

in 1791, he was appointed a senator of the United States. By that

party, in 1792, he was appointed a judge of the Supreme Court. By that

party, subsequently, he was elected a member of the Assembly and a

member of the Convention to revise the Constitution of the State, of

which convention he was president; and by that party, in 1800, he was

elected vice-president of the United States.

It is not intended to discuss the policy, the humanity, or the justice

of the several measures proposed or adopted in relation to the tories

by "_the violent whigs_," or by those whigs who wished "_to soften the

rigour of the laws against the loyalists_." The historical facts have

been given, and the sources from whence they were derived specified.

The feelings and opinions of "_the violent whigs_," are expressed by

the legislature of the state on the 9th of February, 1784, and by

Governor George Clinton at the opening of that session in the city of

New-York. They say--" While we recollect the general progress of a war

which has been marked with cruelty and rapine; while we survey the

ruins of this once flourishing city and its vicinity; while we

sympathize in the calamities which have reduced so many of our

virtuous fellow-citizens to want and distress, and are anxiously

solicitous for means to repair the wastes and misfortunes which we

lament, we cannot hearken to these petitions."

On the other hand, the sentiments and views of those whigs who wished

"_to soften the rigour of the laws against the loyalists_" are to be

found in the following extracts of letters.

JOHN JAY TO GOVERNOR WILLIAM LIVINGSTON. [2]

"Passay, 9th April, 1783.

"The tories will doubtless cause some difficulty; but that they have

always done; and as this will probably be the _last time_, we must

make the best of it. A universal, indiscriminate condemnation and

expulsion of those people would not redound to our honour, because so

harsh a measure would partake more of vengeance than of justice. For

my part, I wish that all, except _the faithless and cruel_, may be

forgiven. That exception would indeed _extend to very few_; but even

if it applied to the case of one only, that one ought, in my opinion,

to be saved."

JOHN JAY TO ROBERT R. LIVINGSTON.

"Passay, 12th September, 1783.

"Europe hears much, and wishes to hear more of divisions, seditions,

violences, and confusions among us. The tories are generally and

greatly pitied; _more, indeed, than they deserve_. The indiscriminate

expulsion and ruin of that whole class and description of men would

not do honour to our magnanimity or humanity, especially in the

opinion of those nations who consider, with more astonishment than

pleasure, the terms of peace which America has obtained."

Footnotes:

1. See Life of Hamilton, Vol. I., p. 316

2. Jay's Works, Vol. I., p. 128.

Memoirs of Aaron Burr, Complete · 第 3 / 21 章