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| Lot # 5 PRESIDENT MARTIN VAN BUREN - AUTOGRAPH LETTER SIGNED 06/15/1819 - Document 253894 |
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MARTIN VAN BUREN
State Attorney General, authorized by the Governor, tells Mayor of New York
he will assist in a murder case.
ALS: "M.V. Buren" as Attorney-General of New York, 2p, 7¼x9.
Franklin House, 1819 June 15. To Colonel Richard Varick, first
Aide-de-Camp to General Benedict Arnold at the time of his defection, former
Attorney General of New York (1789-1791) and Mayor of New York City
(1791-1801). In full: "His excellency the Govr [DeWitt
Clinton] when he shew (sic) me your letter informed me that the Trial
of Tracy & others was not to come on untill (sic) the 24th (he
supposing that they have to be tried in the Oyer & Terminer) having recd a
request from Judge Woodworth to attend the Delaware Oyer & Terminer on a
case of Murder, at a time which rendered it impossible to be here. The Govr
authorized me to employ such counsel as I might think proper. On my arrival this
morning I find that the cause is to be tried on Thursday & that several
counsel have been employed in behalf of the prosecutor. Should Mr Van Wyck of
the Prosecutors think my services necessary I will feel it my duty to assist,
although my other business is such as to render all my time necessary to
appropriate to it during my stay. Will you be so good as to consult with Mr Van
Wyck & let me know by four oClock this afternoon." Docketed integral
leaf (another hand) but addressed by Van Buren to: "Richard Varick
Esqr." A court of Oyer & Terminer was empowered to "hear and
determine" all criminal matters. Just 22 days after writing this letter,
giving the impression that all was fine between Attorney General Van Buren and
Governor DeWitt Clinton, Van Buren was removed from office. On February
17, 1815, the State Legislature had appointed Democratic-Republican Van Buren as
Attorney General of New York. The Constitutional Convention of 1777 provided
for a Council of Appointment made up of four state senators and the Governor of
New York, who had the right to cast the deciding vote. By the Constitution, the
Governor was required to do the appointing with the "advice and consent of the
Council". In practice however, it subordinated the Governor to the Council
whenever a majority of the Assembly was politically opposed to him, and the
annual election of the Council of Appointment greatly increased chances of such
opposition. In 1817, Federalist DeWitt Clinton became Governor of New York,
succeeding Democratic-Republican Governor Daniel D. Tompkins, who had been
elected Monroe's Vice President. At first, Van Buren supported Governor
Clinton's policies, but he soon came into disagreement with the Governor on
questions of public patronage. On July 7, 1819, Van Buren was replaced by
Federalist Thomas J. Oakley. Although Van Buren opposed Governor Clinton's
reelection in 1820, the Governor won another term by a small majority. Because
both houses of the legislature and the Council of Appointment fell into the
hands of the anti-Clinton Democratic-Republicans, Van Buren was again offered
the post of Attorney-General. He declined, but on February 6, 1821, Van
Buren, who was nicknamed "the Magician" for his shrewd political maneuvers, was
elected as New York's U.S. Senator. Folds and creased. Separated from
address leaf at upper and lower mid-vertical fold. Slight separations at
horizontal folds of address leaf. Lightly soiled. Repair remnant at blank left
edge on front page. Remnants of red wax seal touch text on docket. Stray ink
marks, ink smudged on some words.
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