of legislative power.

Mr. Clinton

was one of the earliest friends of the canal; he had contributed more than any other man to its commencement and execution; he had honestly (and gratuitously) performed the duties of canal commissioner; and his competency, his integrity, and his official industry, had never been called in question.

It was imagined, that, as Mr. Clinton was now prostrate, he might be crushed with impunity. But the inconsiderateness of fac. tion could not have been more strikingly illustrated, than by this act of political malevolence. The insult to Mr. Clinton was too great to be controlled, even by the discipline of party; and the honest indignation of the people was roused throughout the state. He was immediately nominated for governor, and gained the election by an unprecedented majority. The votes were, for

Mr. Clinton, upon his election, acted upon his former policy.With the view of extending his favourite system of internal improvements, he recommended a number of local measures, many of which have been carried into operation. The Seneca and Cayu. ga canals, the Oswego canal, the Chemung canal, the Hudson and Delaware canal, and many other subordinate works in the great system, were all strenuously advo. cated and promoted by his official influence. He also recommended the construction of a state road from the Hudson to Lake Erie, through the southern counties of the state.

An attempt had been made, the year previous, by one of the sub

ordinates of the treasury department, to bring the boats navigating the New-York canals, within the operation of the act of Congress, to "regulate commerce among the several states." Mr. Clinton resisted this claim as "unfounded and pernicious." "The consequences of such an assumption, if carried into effect, would be to annihilate our revenue arising from tolls; to produce the most oppressive measures; to destroy the whole system of internal improvement, and to prostrate the authority of the state governments.' The claim was soon abandoned, by instructions from superior authority.

During the administration of Mr. Clinton, in 1825, the Erie canal was finished throughout its whole length; and it was a subject of congratulation with his friends, that he was invested with the honours of of. fice, at the period of its completion.

The successful termination of this great work was celebrated throughout the state, with much pride and public acclamation. The canal had been commenced only eight years previously, amidst the doubts and apprehensions of the community. It was now ready for navigation, throughout its whole course, exhibiting to the people a glorious evidence of their public spirit and perseverance.

Who first projected the canal, is a point that cannot be easily as. certained, with much satisfaction. Nor is it of very great importance. The principal consideration is, "who made it?" Who carried it through? Who deserves the praise of its successful completion? The chief merit is unquestionably due to the people of the State of NewYork. It was their measure. They understood its importance; they

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furnished the resources; they countenanced it by their favour. The glory of the undertaking belongs most appropriately to them.

But whilst the glory is given to whom it is due, let honour be rendered "to whom honour." In the language of Mr. Clinton, " for the good which has been done by indi. viduals in relation to this work, let each have a due share of credit." And Mr. Clinton himself deserves special homage and praise. He stands pre-eminent among the men who conducted the under. taking. He supported the first measure taken on the subject, and was its firm and efficient friend to the last. By his early efforts, by his unremitting exertions through good and evil report, by his zeal and perseverance, by the influence of his name and character, by his official support, he contributed more than any other individual to its triumphant issue.

Mr. Clinton does not claim the honour of projecting the canal. It It had, no doubt, previously occupied the occasional attention of different individuals. It was perhaps regard. ed as an undertaking of more than probable utility, and as an enterprise, which, if executed, would produce important advantages to the state. But the merit of Mr. Clinton consists in this-that whilst the public generally regarded the canal in the light of a splendid project, he considered it not only as a practical, but a practicable undertaking. He looked upon it as a measure to be accomplished. He looked upon it as a work, which, although it would consume much time, labour and expense, nevertheless within the scope and power of present resources.

was

In this, he displayed the profound and practical energy of his mind.

He was the man the emergency re. quired. There was occasion for great firmness and resolution. The execution of so vast a design required much perseverance-an active, untiring zeal in its prosecution, and a firm conviction of its ultimate success. Even after it was commenced, the public were startled at the magnitude of the work; and required the assistance of some great spirit to encourage their hopes, to dissipate their ap. prehensions, to sustain their energy. It was one of those occasions, which emphatically demanded the superintendance and counsel of a great man. Mr. Clinton assumed the responsibilities of the undertaking, and carried it forward with an energy equal to its magnitude. He identified his political fortunes with the result. He ani. mated the people, by the exam. ple of his zeal, to persevere in de. fiance of obstacles; he encouraged the anticipations of the friends of the measure, and put down the assaults of its enemies; he bore the brunt of a most bitter opposition, which harrassed and impeded all his efforts; and when all around was apprehension and uncertainty, he stood firm and unshaken. Never did he suffer his faith in the under taking to waver, or his zeal to slacken. He laboured faithfully to the end, until it was brought to a successful and glorious termina. tion. His name is identified for ever with its success.

In 1826, Mr. Clinton was reelected governor of the state, al though he was again opposed by a formidable party. The votes were, for

sult of the election plainly indicated the fickleness of public opinion. It also illustrated the unfortunate tendency of party spirit, and its practical disregard of the claims of public benefactors, even when they are acknowledged and admitted."

During this year, President Adams tendered to Mr. Clinton the embassy to England; but it was declined by the governor, partly from prudential motives, and perhaps partly from an aversion to abandon his political prospects at home.

Mr. Clinton, in the administra. tion of the state government, continued to exert his influence in a manner consistent with his former policy. The various measures of local interest engrossed his atten. tion; and his official messages prove his indefatigable industry in aiming to promote the general wel. fare.

The most prominent measure of his administration, and one which he himself first recommended, was an amendment to the constitution, which made the right of suffrage universal. The questionable poli. cy of this unlimited extension of the elective franchise has been ascrib. ed, by many, to the desire of the governor to secure popularity. He had so often experienced the ani. mosities of faction, that he vainly imagined this measure would in future conciliate the democracy of the country.

It may be remarked that, only four years previous, when the new constitution went into operation, the right of suffrage had been then so far extended as to satisfy the most ardent friends of the people." There was, therefore, no call for a more liberal provision; and, in recommending it, the governor went

beyond the reasonable expectations of the community.

The law, however, was no soon. er officially recommended, than it was hailed with acclamation. It passed both branches of two suc. cessive legislatures with but two dissenting voices; and when it came before the people for their decision, was carried by a majority of 123,000, there being only 4000 against it. If the object of the go! vernor was to secure popularity, he failed in the attempt; for it is a curious fact that, at the very same election, he came within a few votes of being superceded in his office. During the last term for which he was elected, his administration was not distinguished, except by an ad. herence to those great principles, which governed his public conduct. His useful life, however, was now about to terminate, and like the mortal career of many of the most eminent characters of the present day, by a sudden attack.

On Monday, the 11th of Februa ry, after returning from a morning ride, he was sitting in his study, when he felt a stricture across his breast. He informed his son of his unpleasant sensation, and medical aid was sent for, but before any as. sistance could be afforded, Clinton

lightened public spirit, and of a life devoted to the welfare of his fellow men?

As a statesman, Gov. Clinton was enlightened in his views; intimately conversant with the constitution, laws, and policy of his country; zealous in promoting her cardinal interests, and unwavering in his attachment to all her great public institutions. His ancestors

were whigs of the revolution. Imbibing his political maxims from the old school of democracy, he was actuated through life by an ardent attachment to freedom and his country. He took an active part in the party conflicts of the day; and although provoking, by his talents and efficiency, a personal opposition, which degenerated into a species of persecution, he was still undiscouraged, and exhibited, through life, the same animated zeal for the public welfare. Mr. Clinton courted, perhaps, too much the honours of party triumph and popular favour; yet he was not satisfied with these ephemeral distinctions. He strove to identify his name with improve. ments and measures, which would be felt by the present and succeeding generations. Throughout his public career, he was the firm, active, and enlightened friend of pub. lic improvement. The tone and standard of his politics were much above the general aim of public men. He regarded political rank and influence as the pledges of industrious exertion, and as the incitements to public duty. His aim was to meliorate the condition of the age, by improving that of his country. His talents were not permitted to slumber. He devised new plans; brought forward new measures: called out new re

sources. His official messages strikingly display the comprehen. siveness of his mind, the fertility of his invention, the extent of his knowledge, and his zeal for improvement. He was not, however, the speculative politician, ready to innovate, but unable to execute and achieve. On the contrary, Mr. Clinton's strong characteristic was his practical usefulness. He rarely failed in any of his measures. They were generally of such plainly practical policy, as to meet with cordial support, and, in their results, to realize his anticipations. It is such a man-the practical statesman-who alone is of any value, as a public character; and such a man was Clinton.

He was the friend of education, morals, and learning; the friend of science, and the arts; the friend of agriculture, manufactures, and of public improvement in all its forms. In short, he was the friend of every measure which had in view the advancement of society; and he contributed, in no ordinary degree, to the prosperity, power, and glory of his native state. Perhaps his lasting reputation depends as much upon the association of his services with the Erie canal, as upon the general merit of his administration. This great work completes the usefulness of his ca. reer, and consummates the greatness of his fame. Whilst its waters are confined within their barriers, and until the marks of human power are lost in the "flood of age," the stranger shall not ask in vain, "who was De Witt Clinton ?” and "where are the memorials of his earthly career?"

As a judge in the criminal courts, his vigilance, ability, and impartiality, especially in cases involv

ing the life of the offender, fur. nished a model worthy of imitation by all who occupy that responsible station. Believing that the certainty of punishment afforded the best security against the commis. sion of crime, he aimed, while in the legislature, to mitigate the severity of the English criminal code, so far as it had been adopted in this state; but in his judicial ca. pacity, he looked only to the law, and carried its judgments into ef fect, against such as were guilty, with commendable firmness, tempered with mercy.

In the court for the correction of errors, in which Mr. Clinton held a distinguished rank for many years, he rendered most important services to the jurisprudence of the state, by emancipating our courts from a slavish submission to English precedents.

His judgment in the case of John Van Ness Yates, vindicated not only the personal liberty of the citizen, but the integrity of the writ of habeas corpus, so justly called the safeguard of freedom. His decision respecting the binding force of the decrees of admiralty courts upon neutral powers, was still more important. The principle of the English law is, that the sentences of those courts are conclusive upon all mankind. Under the authority of this principle, a system of legalized capture, but little better than piracy, was set on foot against American commerce, and by the sanction of the petty admiralty courts of the West Indies, the property of our merchants was transferred to the coffers of the belligerents, upon the most frivolous pretences.

Against this system of rapine, Mr. Clinton raised his voice, and,

in a powerful opinion, repudiated the principle, as forming no part of our national law.

The proceedings of these courts were declared to be open to inves. tigation, as well as those of other foreign courts, their sentences subfect to be overthrown upon proof, and a check was provided against the spoliations of belligerent crui. sers, and the illegal adjudications of foreign courts.

Mr. Clinton was not only emi, nent as a statesman and a jurist. He occupied a conspicuous rank as a man of learning. His mind, strong and active, was comprehensive in its range, and successful in all its pursuits. Besides his political attainments, he was a man of letters and of general learninga scholar, with a mind exercised in literature and science. His general acquirements in the va rious branches of knowledge were of a high order. He was frequently appointed to deliver discourses before the different scientific and literary societies, in which he always displayed the greatness and versatility of his powers. His various public addresses, and his offi. cial communications to the legislature, exhibit the same perspicuity, strength, and comprehensiveness of intellect. He was remarkable as a writer, rather than as an orator. But his powers of public speaking, though not brilliant, were far from being of an ordinary stamp. His delivery was plain, and often embarrassed; but his language and opinions were forcible, and his knowledge and decided character gave him great influence in a de. liberative assembly.

Never did Mr. Clinton permit his mind to be inactive. His habits were those of diligence and