Mr. Seward returned from his European tour in season to take his seat in the Senate, at the opening of the session of 1834. The public attention was occupied with important questions both of national and of state politics. In the controversy relating to the United States Bank, Mr. Seward took a leading part, and by his vigorous and eloquent appeals produced a strong impression upon the public mind.

The removal of the deposits by Gen. Jackson took place in Sept. 1833. Mr. Van Buren was then vice president, and in order to promote his claims to the presidency, it was deemed essential to obtain the approval of the New York Legislature for the measures of Gen. Jackson. Joint resolutions were accordingly introduced by the adininistration party in January, 1834, approving the removal of the deposits, instructing the Senators and Representatives in Congress to oppose the renewal of the bank charter, and ascribing the financial distress of the country to the influence of that institution. These resolutions passed the Assembly by a large majority. Not a voice was raised in opposition to them. In the Senate, however, they met with a different reception. With a deep conviction of duty, and in spite of the remonstrance of his friends, Mr. Seward broke the ominous silence, and in an elaborate speech * opposed the passage of the resolutions. This speech, which was, on the whole, the most powerful effort of his intellect and legislative experience during his career in the New York Senate, occupied a part of two days in the delivery. It was a forcible and conclusive in argument, pointed and brilliant in expression, and adorned with the appropriate embellishments of historical and classic illustration. Its effect, not only on the Senate, but throughout the state, was of so decided a character, that several senators of the opposite party attempted to set aside its influence by formal replies. This called forth Mr. Seward in a rejoinder, on the 24th of January, on which occasion he indulged in a severity of remark to which he was not accustomed, and for the only time in his public life, noticed the personal attacks of which he had been made the subject.

The evils which Mr. Seward had predicted in consequence of the removal of the deposits, spread over the country with fearful rapidity. Before the close of the session, a severe financial

* See Vol. I. P. 14.

pressure was felt everywhere. Commencing among the mercantile classes, it soon extended to every department of business and industry. Public meetings were called to express the prevailing dissatisfaction, and to avert further calamity. Committees were appointed to implore relief of the President and Congress. As a suitable measure to alleviate the general pecuniary distress, Gov. Marcy recommended the issue of six millions of stock, to be sold on account of the state. A bill to this effect was introduced into the legislature, providing that four millions of the avails of this stock should be loaned to the safety fund banks, and the remainder to individuals, on bond and mortgage. Mr. Seward denounced the measure in an admirable speech,* delivered on the 10th of April, 1834. The design of the bill was to operate favorably for the administration at the ensuing fall election. This resulted in the re-election of Gov. Marcy; no stock was issued, and the measure, having accomplished its purpose, passed into oblivion.

The last speech of Mr. Seward in the Senate related to the chartered rights of the city of Albany. It was a temperate and logical performance, but failed to prevent the passage of a law, which in his view, was a violation of the rights of the city. At the close of the session, he was for the third time designated to draw up the usual addresst of the minority of the legislature to the people of the state. The two great parties on national and state questions were now fully organized. A general trial of strength was to be made in the approaching election. The result of this struggle would indicate the probable issue of the presidential election which was to take place in 1836. The address, accordingly, went into a thorough exposition and defence of the whig policy, and with this document, were concluded the services of Mr. Seward in the Legislature of New York.

The Court of Errors, which was the court of final appeal in New York, from 1775 to 1846, was an institution copied from the English House of Lords. It consisted of the Chancellor, the Judges of the Supreme Court, and the members of the Senate. In the case of appeals from chancery, the Chancellor gave his reasons for the decree he had made, but did not vote. In acting on judgments of the Supreme Court, the Judges explained the grounds of their decision, but did not vote. Mr. Seward, although at that time the youngest member of the court, took a leading *See Vol. I, p. 37 See Vol. III, p. 349.

*

part in its proceedings. His course was distinguished for its independence, although he never forgot the courtesy due to his seniors. With remarkable power of analysis and accuracy of research, he made himself master of every case, that was presented for decision. An opinion pronounced by him in the case of Parks vs. Jackson affords an illustration of his character as a judge. In that case, a technical rule had been applied by the Supreme Court, in such a manner as to deprive tenants of valuable estates for which they had contracted and paid in good faith. The reasons for this decision were assigned by Mr. Justice Nelson, of the Supreme Court, afterwards Chief Justice, and now a Judge of the United States Supreme Court. Chancellor Walworth followed in an opinion, in which he defended the judgment of the Supreme Court. Mr. Seward then rose and delivered an adverse opinion, and on the question being taken on reversing the judgment, all the members of the court, with the exception of the Chancellor, voted in the affirmative. This seems to have been a case where the technicalities of the law came in conflict with justice. Mr. Seward, prompted by a noble sentiment of right, vindicated the claims of justice, against the arbitrary rules of law, carrying the whole court with him, in spite of their previous intentions.

On the 16th of July, 1834, Mr. Seward delivered a eulogy† on the life and character of Lafayette, before the citizens of Auburn. This was a chaste and beautiful production. It presented an admirable analysis of the character of Lafayette, with a discriminating review of the principles of the American Revolution, and of the successive phases of French politics from the death of Louis XVI. An account of a recent personal conversation between Mr. Seward and Lafayette, added greatly to the interest of the dis

course.

As the autumn of 1834 approached, when the election of Governor was to be made by the people, the whig party were in anxious search of a suitable candidate for the important crisis. They were not wanting in men, whose political experience, distinguished ability, and brilliant reputation, eminently qualified them for the office. Of these, some had already been candidates and had suffered defeat. Others lacked the elements of popularity that were essential to success. The general impression of the party favored the selection of a new man. The younger portion

* Wendell's Reports, Vol. XI, p. 456.

+ See Vol. III, p. 25.

of the whigs were earnestly desirous that the candidate should be taken from their ranks. Mr. Seward's distinguished senatorial career had made him prominent before the party and the state. His bold attacks on the policy of the administration had won the gratitude and the admiration of the whigs. It was mainly through his efforts, that the party had been organized, and no one was better fitted than himself to take the position of their acknowledged leader.

Accordingly, at the Whig State Convention, held in Utica, Sept. 13th, 1834, Mr. Seward was nominated as a candidate for governor. The election came, and he was defeated. The result showed that the whig party had not been able to put forth its full strength. It had not yet gained confidence in its own power to cope with a party that had never been overthrown, and was sustained by the monetary influence of the state and the vast patronage of the national government. Mr. Seward received a flattering vote, and led his ticket in all the counties, but Gov. Marcy was re-elected by a majority of about ten thousand.

Mr. Seward, having escaped the claims of public life, resumed the practice of his profession at the commencement of the year 1835. Nor did he lose his interest in the great political questions of the day. He still labored, with unshrinking fidelity, in support of the party to which he was attached, and of which, by a large portion, he was regarded as the head.

On the 3d of October, 1835, he delivered an address* at Auburn on Education and Internal Improvements. This production was remarkable for its anticipations of the progress of the state, and its lucid exposition of the principles of government, which he afterwards carried into effect, during his administration as chief magistrate.

In July, 1836, Mr. Seward established himself in Westfield, Chautauque county, for the purpose of assuming an agency to quiet the troubles between the landlords and tenants of the Holland Company. Serious difficulties had arisen among the settlers on the tract of the company, and the services of Mr. Seward seemed important for the restoration of tranquillity. A change of scene also it was hoped, would prove favorable to his health, which had become impaired by his assiduous professional labors. The manner in which he conducted this agency subjected him to much reproach * See Vol III, p. 128.

in a subsequent political canvass. sion to treat in another place.*

But of this we shall have occa

The election for governor in 1836 resulted in favor of Mr. Marcy, who received a majority of nearly 40,000 votes over the whig candidate, Mr. Jesse Buel. Meantime, Mr. Seward continued his agency, and his professional toil, with extraordinary success. His growing fame produced no abatement of his industry, and he devoted himself to the interests of his clients with the same earnestness and zeal which he had exhibited in his political efforts on the floor of the Senate. During this period he prepared several essays, which display genuine literary merit, no less than a spirit of enlarged and comprehensive statesmanship.

Mr. Seward received an invitation to deliver a discourse on Education at Westfield in July, 1837. He accepted the service, which he performed with signal ability. The discourse was a clear and eloquent defence of the principle of universal education. It maintained the duty of giving public instruction to all classes of the people, irrespective of condition or circumstances. In regard to the education of females, it claimed for woman the highest standard of literary attainment, challenging for her the same intellectual advantages that were enjoyed by the other sex.

At a meeting of the whigs of Cayuga county, Oct. 11, 1837, Mr. Seward delivered a speech of masterly ability. The state of the country called forth his most vigorous eloquence. The commercial revulsion, which he had so long predicted, was sweeping over the land. Disastrous experience gave ample confirmation to the principles of the whigs. In his speech on this occasion, Mr. Seward earnestly appealed to the people to redress their wrongs at the ballot box. This was only one of many efforts during the canvass. He was indefatigable in his exertions, which were now crowned with the most brilliant success. The election resulted in the total overthrow of the Albany regency. The whigs gained a triumphant victory throughout the state, electing six out of eight new senators, and one hundred of the one hundred and twenty-eight members of the Assembly.

The New York and Erie Railroad was originally undertaken by a company chartered while Mr. Seward was a member of the Senate. He voted against the charter, not through hostility to the construction of the road, but on the ground that so great an enter See Vol III, p. 186.

* See Letter to the citizens of Chautauque Co., Vol. III.