12

SYDNEY-BURDETT-MILITARY RULE-THE CONVENTION.

achieved, if the people will value aright the inestimable advantage they enjoy, in the freedom with which a state convention may be elected and held in the midst of peace and tranquility at home and abroad.

Unpublished writings, in evil times, have sent good men to the scaffold-but the precedents of wicked judges are as beacons to warn their more faithful successors. The noble Algernon Sydney's blood was shed in the profligate days of the second Charles, after a mockery of a trial before Judge Jeffries. Conspiracy there was none. On the search, at midnight, in the martyr's closet, an unpublished manuscript was found--a leaf or two of its contents read in court-and the noble author condemned. Posterity has done all the parties justice.

England is a great and powerful country-yet it is but little more than 25 years since Sir Francis Burdett was tried, condemned, and immured in a prison; though a member of parliament, a man of ancient family, and possessed of an annual income of $250,000 a year-because he had dared to call cruelty and oppression by their right names, in the land of Hampden and Sydney.

It seems," said Sir Francis, alluding to the massacre in 1819 at Manchester, that our fathers were not such fools as some would make us believe, in opposing the establishment of a standing army, and sending King William's Guards out of the country. Yet, would to heaven they had been Dutchmen, or Switzers, or Hessians, or Hanoverians, or any thing rather than Englishmen, who have done such deeds!-What! kill men unarmed! unresisting! and, gracious God! women too, disfigured, maimed, cut down and trampled upon by dragoons. Is this England? This a Christian land? A land of freedom! Will the gentlemen of England support, or wink, at such proceedings they have a great stake in their country. They hold great estates, and they are bound in duty, and in honor, to consider them as retaining fees on the part of their country, for upholding its rights and liberties."

With such men as this volume drags to the light of day, high in office, controlling the administration of the laws, the executive, and in a great degree commerce, and all upon purely selfish, mercenary principles, America would gradually slide down from her elevated situation among the nations. Revenge would fill some men's minds, despair would take possession of others. Some would take the course ascribed by Morris to Robinson with his creditor Suydam the banker-others would war on property, by increasing the number of those terrible fires which have desolated of late not a few of the fairest cities of America-the evil example of men above would demoralize thousands below them, and that confidence in, and dependence of man on man, which is the cement that binds society, would cease. A numerous standing army would come next-less to war on our weak frontier neighbors, than as a police to repeat at convenient seasons the scenes enacted at Manchester in 1819. It is from such a state of things that the people seek deliverance. The Democratic Review (falsely so called,) told us, in April 1843, that the "virtue and intelligence of the people is all a humbug," and that "we must procure stronger guarantees than popular suffrage, and popular virtue and intelligence. In other words, we were informed that we must shift round to monarchy, or get a House of Peers, self-government being an idle tale.

I very much fear, that if the men whom this volume too truly describes, can get the upper hand in the state convention, their united endeavor will be to get us AS LITIGIOUS A CONSTITUTION AS POSSIBLE, as that would best ensure a continuance of those hurtful monopolies and lucrative jobs which follow in the train of all such great convulsions and revolutions in currency, commerce, property, &c., as have of late years marred the prosperity of our country.

If in the minority, I think their efforts will be directed towards embarrassing the capable and well disposed-and should my publication be found to have the effect of preventing the return of some of the worst of them, and arousing inquiry into their conduct, my exertions will be amply repaid.

That a patriot band-such as assembled in Independence Hall, Philadelphia, seventy years ago-may gladden the hearts of our true hearted citizens, when our state convention meets; and that the wisdom of their deliberations may afford unquestionable evidence of the onward progress of intellectual and moral truth in our land, and of the capacity of man for self-government, and the sustenance of free institutions, is the fervent prayer of the compiler.

New York, Sept. 1, 1845.

BUTLER'S ANCESTRY-JESSE HOYT.

13

CHAPTER II.

Mr. Butler's birth and parentage-his admission to the Bar, and partnership with Mr. Van Buren. Mr. Hoyt's early pursuits-he abandons commerce, and studies law with the Attorney General of New York. Mr. Butler accepts the presidency of a Bank.

Benjamin Franklin Butler was born at Kinderhook Landing, Columbia County, N. Y., on the 14th of December, 1795. He was educated there, and in 1811 received by his father's personal and political friend, Martin Van Buren, into his law office at Hudson, as a student, and into his family, in which he continued to reside till his (Mr. Butler's) marriage, in 1818, to Miss Harriet Allen, a sister of Lieut. Allen, of the U. S. Navy.

His father, Medad Butler, who is still alive, was born in Connecticut, where he served an apprenticeship to a scythe-maker. He afterwards kept store and tavern at "the Landing," in which business his son Benjamin assisted him in his earlier years.

When the uncle of Horace Walpole, Earl of Orford, was Ambassador at the French court, the Queen asked his lady what family she was of. Her reply was, "D'aucune, Madame." She was a French stay-maker's daughter. It requires true nobility of soul to be of the aucune family. In a memoir in the Democratic Review, the pedigree of the Butlers is traced to Oliver Cromwell, the lord protector-to one of the judges whose fiat beheaded King Charles-and to Jonathan Butler, who landed in Connecticut in 1710. Stanhope, Lord Chesterfield, ridiculed doubtful pedigrees by placing two old heads among the portraits of his ancestors, inscribed Adam de Stanhope" and "Eve de Stanhope." A family of the name of Levi exhibited a picture in which Noah appears walking into the Ark, carrying under his arm a small trunk, on which is written " Papiers de la maison de Levis." Thus much for genealogy.

Mr. Butler was admitted to the bar as an attorney in the State courts in 1817, and immediately entered into partnership with his instructor, Mr. Van Buren, in his law business. The latter was at that time a Senator of New York, and (says the Democratic Review) "the connection subsisted till the appointment of Mr. Van Buren to the Senate of the United States, in December, 1821."

In June, 1818, Mr. Butler borrowed $550 from the State of New York, on the security of 22 acres of land at Kinderhook Landing, and gave his father's bond and mortgage and his own bond as a security. In 1816 his father had borrowed of the State another $1000, which, with the interest, remained unpaid as late as 1824. The share of law profits which he realized in 1818 fell short of his wishes, and early in 1819 he united the professions of lawyer and banker-as President, Cashier, and (I may add) Board of Directors of the Bank of Washington and Warren, at Sandy Hill, a village on the Hudson, about 55 miles north of Albany, and Attorney at Law, Solicitor in Chancery, and Attorney for the said Bank, at same place.

Jesse Hoyt, the friend of Benjamin Butler, is a native of Connecticut, and early in life began business on his own account as a store-keeper in Albany-failedcould not arrange his affairs so as to recommence-discovered that he had the peculiar sort of talent for a successful lawyer-indentured himself with Mr. Van Buren as his student-and in due time took the benefit of the insolvent laws, and a license to practise in the State courts.

When Mr. and Mrs. Butler removed to Sandy Hill, Mr. Hoyt was a student in the Attorney General's office, and had previously served as a clerk in the Farmers and Mechanics' Bank. Mr. B.'s letters to his friend will show the prospects of both, make known the fervent piety of the former, the condition of the legal and financial professions in Washington county, exhibit new views of State politics and cannot fail to be read with interest.

14

BUTLER'S LOVE FOR THE GOSPEL.

CHAPTER III.

Interesting Correspondence. Mr. Butler's piety, politics, and kind feelings toward Mr. Hoyt. A proposal to buy the Buffalo Bank-Mr. Hoyt's fitness for the office of a Cashier-his general character. A run on the Washington and Warren Bank-Ways and Means—Butler vs. Olcott.

President Butler, of the Bank of W. and W., to Jesse Hoyt, Student at Law, Albany.

DEAR FRIEND,

SANDY HILL, March 27th, 1819.

You have really a fine state of political confusion at Albany. I think the situation of the Governor [De Witt Clinton] is daily becoming more desperate.

I a am more and more pleased with my duties. They require industry and attention, but they give me more leisure than I had while in Albany, and furnish me more easily with sufficient to provide for my household.

The only difficulty here is THE WANT OF the stated PREACHING OF THE GOSPEL. Had we a faithful and respectable minister, and were the people more anxious for and attentive to religion, I should have nothing to ask for, but the continuance of health to make this place delightful. The contrast between Albany and Sandy Hill in this particular is great. You do not at all estimate as you ought, the peculiar privileges you enjoy. They are remarkably great The Gospel is either a 66 savour of life unto life," or of "death unto death." And how can those escape who neglect so great salvation?"

66

What a bungling piece of work Mr. Loomis has made in printing my speech. It has mortified me excessively to see so many stupid blunders issued to the world with my name prefixed. Pray tell my friends that I lay no claims to the bantling in its present dress.

Yours truly,

BENJAMIN F. BUTLER.

The same to the same.

SANDY HILL, March 17, 1819.

DEAR FRIEND,

The stage to day was looked for with great anxiety by all the members of my household, as we entertained strong hopes the black damsel would make

her appearance on the " Hill,"-as the citizens denominate this great metropolis. I have been here a fortnight, and have not yet received a line

钠

from you. Pray write me, if it is only to say that you are in esse.

Yours truly,

BENJAMIN F. BUTLER.

The P. S. (in a different hand,) is as follows:-" Mr. Hoyt do try to get Pender. I am tired to death of cooking."

DEAR FRIEND,

The same to the same.

SANDY HILL, May 4, 1819.

The election returns are, so far, unfavorable to the hopes of Mr. Clinton, and his friends, and I presume his destiny is fixed. I voted for Senators, and offered to vote for members of Assembly, but after a long discussion of my and various arguments and opinions from lawyers and electioneerers, the board very gravely decided that I was not yet naturalized—in

LAW-HOYT AND THE BUFFALO BANK.

15

The Chancellor has really assumed a Please obtain a copy of the decretal would take you a week to copy-and

which I think it probable they were right. great deal in deciding my cause against me. order not of his opinion, for I suppose that send by some person at your convenience. Upon what ground did he admit you-as of right, or ex gratia? I am glad that he has done it, and hope you may find it the harbinger of good fortune.

What think you of the New Insolvent Law? Do you intend to proceed under it? Or have you not philosophy enough to live poor all your life, with a millstone on your neck?

How does the business get along, and what is the state, generally, of your ejectment suits? Are any of them to be tried at these Circuits or not? I sometimes wished after my removal, that I could take a peep for a moment in the Registers, and engage again in the service of the Sovereign People-and so long had I been accustomed to the management of the Attorney General [M. Van Buren]'s affairs, public, private and domestic, that I often thought that no one could attend to them but myself. My new avocations, however, have now become familiar and pleasant, and I can attend to them without troubling myself about the bonds, mortgages, or ejectments of the State. There is but little law business doing here, if I was dependant on that, I should have had the horrors long ago.

B. F. BUTLER.

The same to the same.

Washington and Warren Bank,
SANDY HILL, May 8th, 1819.

Jesse Hoyt, Esq., Albany,

DEAR SIR,

I send by Mr. Skinner a package and letter for Mr. Barker, which send as usual. I hear that he has had a demonstration (as Packenham, & Co. would have said), made upon him this week, which was manfully repelled. My Secretary being otherwise engaged, deprives you of the pleasure of receiving this interesting epistle, in her "own proper hand writing."

Yours truly,

B. F. BUTLER.

Mr. President Butler to Mr. Jesse Hoyt, Solicitor in Chancery, Albany, SANDY HILL, June 5th, 1819.

DEAR SIR,

I have yours of the 31st ult., 1st inst., and also one by Mr. Gifford. I shall endeavor as soon as possible to send you some papers in these Chancery causes. I do regret that I did not know that Mr. V. B. was about attending the June term of the Court of Chancery. I might have had all my business in train for it.

I have not been in court but little, either Common Pleas, or Circuit-having had a great deal to do in the Bank, and in my Law Business. I want a clerk very much, and as soon as Charles' I hope you got my package by Hitchcock. I have now $3000 in current notes, received since Wednesday, which I would send by Col. Pitcher, who conveys this, but he starts from here on foot, and goes on a raft from Fort Miller, and though an honest man might be robbed or knocked overboard.

I am unable to say anything now ABOUT THE NIAGARA BANK-only that if Mr. B., [meaning Jacob Barker], could be sure of life, he could make it a profitable concern-but has, in my opinion, irons enough in the fire, already, for one man. But then he's A HOST himself. If he gets the stock, you must stand ready to interpose a claim for the management of the business-that is-if you would be willing to accept such a place. He would require some one that he could repose confidence in to take charge of it. Though I have no idea that he will get it. "Double, double-toil and trouble," appears to be the order of the day in the Commercial and Financial world-where it will land us I am unable to say.

The Attorney General [Mr. Van Buren], is never at home-and when he is, I am

16

BUTLER WOULD MAKE HOYT A BANKER.

so far from him, that I cannot have that direct and constant communication which the interests of our clients demand. One thing I most earnestly desire of you, and that is to forward me all notices, papers, &c., that may be served on Mr. V. B. [Van Buren] as my agent. He would never think of it himself, and my clients might be kicked out of court before I knew it. I shall make no more complaints about your bad writing, though your scrawls are most infamous, after the capers I have cut in this epistle. Yours truly,

B. F. BUTLER.

[Sent per Mr. Thurman, from SANDY HILL,]

Jesse Hoyt, Esq., Albany,

DEAR SIR,

June 11, 1819.

I have received a letter from Mr. Barker, mentioning the subject of the NIAGARA BANK, and requesting my opinion of a certain friend of mine, for CASHIER, provided he should conclude to purchase the stock-to which I have replied as follows:

"I am happy to hear, by your letter, that in the event of your engaging in the Niagara Bank, you have thought of MY FRIEND HOYT, for Cashier. I know of no person within the circle of my acquaintance whom I could recommend with equal confidence for that situation. HIS INTEGRITY, ZEAL, AND INDUSTRY would I am confident, ensure him your approbation, and esteem. There can be no doubt of his being aniply qualified for the task. His acquaintance with business is general, and extensive, and for perseverance and activity I know of no one who surpasses him. His experience in Mercantile business, would alone have qualified him for the place, but in addition to that he has the advantage of some considerable acquaintance with the business of banking, from his employment last year in the Mechanics' and Farmers' Bank. I have known him for several years; intimately, for about three. After the unfortunate termination of his Mercantile concerns, instead of spending his time in idleness, or giving way to despair or dissipation, which is commonly the case in SUCH CIRCUMSTANCES, he resolved forthwith to enter into employment of some kind or other; and, as nothing offered by which he could do better, he commenced the study of the law. All his friends, (and I amongst the rest,) thought this a very forlorn hope, for such had been his previous active life, and so long was his term of study, that I considered it absolutely impossible for him to confine himself to so irksome an employment as a clerkship in a law office, without any prospect of a speedy admission either to the practice or the profits of the profession. He was for nearly three years in my office, and for fidelity and attention, perseverance and application, the very best clerk I ever met with. I consider him perfectly competent to examine (A) into the affairs of the Bank at Buffalo, and give you an accurate and judicious account of every thing that relates to it. It is needless for me to say that I feel a deep interest in his prosperity, and that nothing would give me greater pleasure than to see him placed in such a situation as would give him a competent support; but perhaps it may be necessary to satisfy you that my opinion of his merits is not over-rated. I acknowledge that I am his friend, and I know that friends, like lovers, are a little blind to the faults of those they esteem, but I believe I may safely refer you to any person acquainted with Mr. Hoyt, for a confirmation of what I have said."

(A) This is in reply to a suggestion about sending you up to investigate the business, preparatory to a decision on the subject. (14.) I have sent my brief in cause to New York last week by mail. Yours truly,

B. F. BUTLER.

June 14. I send you by J. L. Thurman, Esq., a package for Mr. Barker, containing, in current notes, $2,200. I have received yours by Mr. Clark, with $1,300 in W. and W. notes. B. F. B.