ROBERT R. LIVINGSTON.

CHANCELLOR LIVINGSTON, the subject of the present sketch, was a great grandson of Robert, the first of the Livingston family who emigrated to America, near the end of the seventeenth century. His father, R. R. Livingston, was long a member of the legislature, from the county of Dutchess, a judge of the Supreme Court of the colony of New York, an active patriot at the time of the Stamp-Act difficulties, and a member of the Congress which assembled at New York in 1765. He was upon the Bench at the time of the celebrated appeal of Forsey and Cunningham. His legal opinion in that cause, as recorded in Holt's Gazette, evinces the solidity and correctness of his judgment, and the earnestness of his patriotism. His mother was the daughter and heiress of Colonel Henry Beekman, and eminent alike for piety, benevolence, knowledge, and good sense.

Chancellor Livingston, who inherited his father's name, was born in the city of New York, in 1747. After due preparation he entered Kings, now Columbia College, from which institution he graduated on the twenty-eighth of May, 1765. In an account of the exercises on the occasion of his taking his first degree, is the following notice of him: "In all the exercises, the young gentlemen acquitted themselves equally to their own honor and the general satisfaction of the audience: in particular, Mr. Livingston, whose oration in Praise of Liberty was received with general and extraordinary approbation, and did great honor to his judgment and abilities, in the choice of his subject, the justice and sublimity of his sentiments, the elegance of his style, and the graceful propriety of his pronunciation and gesture.. And many of the auditors pleased themselves with the hopes that the young orator may prove an able and zealous asserter and defender of the rights and liberties of his country, as well as an ornament to it.”*

He entered upon the study of the law, in the office of William Smith, the colonial historian of New York, and shortly after the completion of his course, was, in 1773, appointed recorder of his native city. The all-absorbing question of the right of the British parliament to impose exacting laws upon the colonists was then agitated, and the young recorder, as well as his illustrious father, was ejected from his official position, for adherence to the cause of the patriots. On the twenty-second day of April, 1775, he was appointed a delegate to represent the colony of New York in the Continental Congress, and took his seat in that body on the fifteenth of the following May. In this assembly he at once became a prominent and influential member, distinguished both for his zeal and great abilities.† On the third of June, 1775, he was appointed, with Richard Henry Lee and Edmund Pendleton, a committee to prepare the Address to the Inhabitants of Great Britain, and subsequently, throughout the same year, served on several committees of importance. On the eleventh of June, 1776, he was associated with Jefferson, John Adams, Dr. Franklin, and Roger Sherman, to draft the Declaration of Independence. Leaving Philadelphia a short time after this, he was prevented from signing that instrument. Mr. Livingston remained in New York until 1780, when he was again delegated to Congress. The following year, on the formation of the department of foreign affairs, under the confederation, he

Holt's New York Gazette, or the Weekly Post-Boy, May 20, 1765.

↑ See Journal of Debates in this Congress, as given in John Adams's Works, 2d volume.

was appointed secretary, which station he occupied until 1783, when he was appointed chancel lor of the State of New York, being the first incumbent of that office under the State constitution. In 1788 he was a member of the State convention, which assembled at Poughkeepsie, tc adopt or reject the Federal constitution, and his labors to effect its adoption were able and distinguished. He administered the oath of office to General Washington, upon his inauguration as President in 1789. In 1801 he was appointed by Jefferson as minister to the Court of France, and in the important negotiation with that government, which terminated in the acquisition of the territory of Louisiana, was an efficient and successful agent. "After the signing of that treaty the ministers arose," says the Count Marbois, "when Mr. Livingston, expressing the general satisfaction, said, with prophetic sagacity, 'We have lived long, but this is the noblest work of our whole lives. The treaty which we have just signed has not been obtained by art, or dictated by force; equally advantageous to the two contracting parties, it will change vast solitudes into flourishing districts. From this day the United States take their place among the powers of the first rank; the English lose all exclusive influence in the affairs of America. Thus one of the principal causes of European rivalries and animosities is about to cease. The United States will re-establish the maritime rights of all the world, which are now usurped by a single nation. These treaties will thus be a guarantee of peace and concord among commercial States. The instruments which we have just signed, will cause no tears to be shed; they prepare ages of happiness for innumerable generations of human creatures. The Mississippi and Missouri will see them succeed one another, and multiply, truly worthy of the regard of Providence, in the bosom of equality, under just laws, freed from the errors of superstition and the scourges of bad government.'"*

Fortunately for the interests of mankind, Mr. Livingston became acquainted with Robert Fulton. Entertaining enlarged ideas of the advantages of steam navigation, on the extensive lakes and rivers of the United States, Mr. Livingston had applied himself with great perseverance and expense to the construction of vessels and machinery for that kind of navigation. "As early as 1798," says Colden, in his interesting memoir, "he believed that he had accomplished his object, and represented to the legislature of New York that he was possessed of a mode of applying the steam-engine to propel a boat on new and advantageous principles; but that he was deterred from carrying it into effect, by the uncertainty and hazard of a very expensive experiment, unless he could be assured of an exclusive advantage from it, should it be found successful."

The New York Legislature, in March, 1798, passed an act vesting Mr. Livingston with the exclusive right and privilege of navigating all kinds of boats which might be propelled by the force of steam, on all the waters within the territory or jurisdiction of the State, for the term of twenty years from the passing of the act; upon condition, that he should, within a year, build such a boat, the mean of whose progress should not be less than four miles an hour. Immediately after the passage of this act, Mr. Livingston built a boat of about thirty tons, which was propelled by steam, but being incompetent to fulfil the condition of the law, she was abandoned, and he for a time relinquished the project.†

On his return from France, Mr. Livingston associated himself with Fulton, and engaged in the building of a boat. "This boat began to navigate the Hudson River, in 1807, and its progress through the water was at the rate of five miles an hour." All former experiments had failed, and the genius of Fulton, aided and fostered by the public spirit and discernment of Livingston, created one of the greatest accommodations for the benefit of mankind.§

The last years of Mr. Livingston's life were passed in the retirement of his home, at Clermont, on the Hudson River, where he died on the twenty-sixth of February, 1813.

* See Doctor John W. Francis's interesting sketch of Chancellor Livingston, in the National Portrait Gallery,

volume 4.

+ Life of Robert Fulton, by his friend Cadwallader D. Colden, page 148.

An historical account of the application of steam for the propelling of boats, by R. R. Livingston, in the American Medical and Philosophical Register, vol. 2, page 256.

De Witt Clinton's discourse before the American Academy of Fine Arts.

ORATION BEFORE THE CINCINNATI.

Chancellor Livingston delivered the follow- | no other object in view than to amuse you and ing oration, before the Society of the Cincinnati, of the State of New York,* at the City Hall of the City of New York, on the fourth of July, 1787.

indulge my own feelings, I should take this path; for what task more delightful than to contemplate the successful struggles of virtue; to see her at one moment panting under the grasp of oppression, and rising in the next with renewed strength, as if, like the giant son of earth, she had acquired vigor from the fall; to see hope and disappointment, plenty and want, defeats and victories, following each other in rapid succession, and contributing, like light and shade, to the embellishment of the piece! What more soothing to the soft and delicate emotions of humanity, than to wander with folded arms, and slow and pensive step, amidst the graves of departed heroes; to indulge the mingled emotions of grief and admiration; at one moment giving way to private sorrow, and lamenting the loss of a friend, a relation, a brother,—in the next, glowing with patriot warmth, gazing with ardor on their wounds, and invoking their spirits, while we ask of heaven to inspire us with equal fortitude! But, however pleasing this task, the desire of being useful impels me, at this inter

I could have wished, gentlemen, that the task I am now about to perform, had been assigned to some abler speaker; and in that view, I long since tendered my apology for declining it, and hoped, till lately, that it had been accepted. Disappointed in this hope and unwilling to treat any mark of your favor with neglect, I determined to obey your commands, although I was satisfied, that in the execution of them, I should not answer your expectations. There is a style of eloquence adapted to occasions of this kind, to which I feel myself unequal; a style which requires the glowing imagination of younger speakers, who, coming recently from the schools of rhetoric, know how to dress their sentiments in all its flowery ornaments. The turbulence of the times, since I first entered upon public life, and the neces-esting moment, to forego this pleasure; to call sity they imposed upon those who engaged in them, of attending rather to things than words, will, I fear, render me, if not an useless, at least an unpolished speaker.

If the mind dwells with pleasure on interesting events; if the soul pants to emulate the noble deeds it contemplates; if virtue derives new force from the successful struggles of the virtuous, it is wise to set apart certain seasons, when, freed from meaner cares, we commemorate events which have contributed to the happiness of mankind, or afford examples worthy their imitation. What are we this day called upon to commemorate? Some signal victory, in which the victor weeps the loss of friends, and humanity mourns over the graves of the vanquished? The birth of some prince whom force, fraud, or accident has entitled to a throne? Or even that of some patriot, who has raised the reputation and defended the rights of his country? No, gentlemen, a nobler subject than the splendor of victories, or the birth of princes, demands our attention. We are called upon to commemorate the successful battles of freedom and the birth of nations!

It may be expected, and, indeed, I believe it is usual on such occasions, that I should tread the steps we have taken, from the dawn of oppression to the bright sunshine of independence; that I should celebrate the praise of patriots who have been actors in the glorious scene, and more particularly that I should lead you to the shrines of those that have offered up their lives in support of their principles, and sealed with their blood your charters of freedom. Had I

*See note at page 267, ante.

you from this tender scene, to remind you, that you are the citizens of a free State, to bid you rejoice with Roman pride that those you love have done their duty, to exhort you to crown the glorious work which they have begun. For, alas! my friends, though they have nobly performed the part assigned them, the work is still unfinished and much remains for us to do. It may not, therefore, be improper, amidst the congratulations I make you on this day-this day distinguished in the annals of fame, for the triumph of freedom and the birth of nations, to inquire how far it has been productive of the advantages we might reasonably have expected and where they have fallen short of our expectations.

To investigate the causes that have conduced to our disappointment, two objects demand our attention-our internal and federal governments. Either, to those who are disposed to view only the gloomy side of the picture, will afford sufficient matter for censure, and too much cause of uneasiness. Many desponding spirits, misled by these reflections, have ceased to rejoice in independence, and to doubt whether it is to be considered as a blessing. God forbid, that there should be any such among us: For whatever may be the pressure of our present evils, they will cease to operate, when we resolve to remove them; the remedy is within our reach, and I have sufficient confidence in our own fortitude to hope that it will be applied.

Let those, however, who know not the value of our present situation, contrast it with the state of servitude to which we should have been reduced, had we patiently submitted to the

Avarice and timidity concurred in framing a system of despotism, which, but for our resistance, would have reduced us to the vilest subjection. Having resisted, accommodation was vain; pretences would not have been wanting to ruin those that had been active in opposition. Disputes among ourselves would have been encouraged; and advantages, derived from our disunion, would have enabled her ultimately to obtain her object. No alternative was left, but heaven-born independence or abject submission. We have chosen as became a wise and generous people. Let slaves or cowards disapprove the choice.

yoke of Britain. She had long since seen our | in the power of those, who experience the ease with envy, and our strength with jealousy. effects of a mal-administration, to prevent their Loaded with debt, she wished to share that continuance; not by mad, tumultuous, and iraffluence which she attributed to her protection, regular acts, as in the ancient republics, but by rather than to our industry. Tenacious of her such as are cool, deliberate, and constitutional. supposed supremacy, she could not be indiffer- If they still exist, they must be charged to the ent to those increasing numbers which threat- negligence of the people, who, after violent ened its subversion. agitation, have sunk into such a state of torpor and indifference with respect to government, as to be careless into what hands they intrust their dearest rights. When we choose an agent to manage our private affairs, an executor to distribute our estate, we are solicitous about the integrity and abilities of those we intrust: we consult our friends-we make the choice after due deliberation. Is it not astonishing that when we are to elect men whose power extends to our liberty, our property, and our lives, that we should be so totally indifferent that not one in ten of us tenders his vote? Can it be thought that an enlightened people believe the science of government level to the meanest capacity? That experience, application, genius, and education, are unnecessary to those, who are to frame laws for the government of the State? And yet, are instances wanting in which these have been proscribed, and their places supplied by those insidious arts which have rendered them suspected? Are past services the passport to future honors; or have you yourselves, gentlemen, escaped the general obloquy? Are you not calumniated by those you deem unworthy of your society? Are you not even shunned by some who should wear with pride and pleasure this badge of former services?

Our constitutions are formed to insure the happiness of a virtuous nation. They guard against the tumult and confusion of unwieldy popular assemblies, while they yield to every citizen his due share of power. They preserve the administration of justice pure and unbiassed, by the independence of the judges. They prevent abuses in the execution of the law, by committing the care of enforcing them to magistrates who have no share in making, nor voice in expounding them. In these circumstances, they excel the boasted models of Greece or Rome, and those of all other nations, in having precisely marked out the power of the government and the rights of the people. With us the law is written: no party can justify their errors under former abuses, or doubtful precedents. With these constitutions, I shall be asked, how it has happened that the evils hinted at, continue to exist. I shall endeavor to answer this inquiry, since my object in treating of this subject is to impress upon you the obligations we are under as citizens, as men whose past services entitle us to some weight in the community-zealously to unite in promoting a constitutional reform of every abuse that affects the government.

Our constitutions being purely democratic, the people are sovereign and absolute. The faults of absolute governments are to be charged to the sovereign in ours, they must be traced back to the people.

If our executive has sufficient energy, if the judicial is competent to the administration of justice; if our legislative is so formed as that no law can pass without due deliberation, all the ends of government are answered, so far as they depend upon the constitution. If still it falls short of expectation, the evils must be sought in the administration: and since every person concerned in that is either mediately or immediately chosen by the people, they may change it at pleasure. What can be devised more perfect than that constitution, which puts VOL. 1.-23

You have learned in the school of adversity to appreciate character. You are not formed, whoever may direct, to promote measures you disapprove. Men, used to command and to obey, are sensible of the value of government, and will not consent to its debasement. Your services entitle you to the respect and favor of a grateful people. Envy, and the ambition of the unworthy, concur to rob you of the rank you merit.

To these causes we owe the cloud that obscures our internal governments. But let us not despair: the sun of science is beginning to rise, and as new light breaks in upon the minds of our fellow-citizens, that cloud will be dispelled.

Having observed that our internal constitutions are adequate to the purposes for which they were formed, and that the inconveniences we have sometimes felt under them were imputable to causes which it was in our power to remove; I might perhaps add, that the continuance of those evils were proofs of the happiness these governments impart; since, had they not been more than balanced by advantages, they would have pressed with such weight as to have compelled the people to apply the remedy the constitution affords. But, when I turn my eyes to the other great object of a patriot's attention, our federal government,

I confess to you, my friends, I sicken at the sight. Nothing presents itself to my view, but a nerveless council, united by imaginary ties, brooding over ideal decrees, which caprice or fancy is at pleasure to annul or execute! I see trade languish, public credit expire-and that glory which is not less necessary to the prosperity of a nation, than reputation to individuals, a victim to opprobrium and disgrace. Here, my friends, you are particularly interested; for I believe, I should do little justice to the motives that induced you to brave the dangers and hardships of a ten years' war, if | I supposed you had nothing more in view, than humble peace and ignominious obscurity. Brave souls are influenced by nobler motives; and I persuade myself, that the rank and glory of the nation you have established, were among the strongest that nerved your arms and invigorated your hearts. Let us not then, my friends, lose sight of this splendid object: having pursued it through fields of blood, let us not relinquish the chase, when nothing is necessary to its attainment but union, firmness, and temperate deliberation.

of their neighbors. Who will deny that the most serious evils daily flow from the debility of our federal constitution? Who but owns that we are at this moment colonies, for every purpose but that of internal taxation, to the nation, from which we vainly hoped our sword had freed us? Who but sees with indignation, British ministers daily dictating laws for the destruction of our commerce? Who but laments the ruin of that brave, hardy, and generous race of men, who are necessary for its support? Who but feels that we are degraded from the rank we ought to hold among the nations of the earth? Despised by some, maltreated by others, and unable to defend ourselves against the cruel depredations of the most contemptible pirates. At this moment, yes, great God, at this moment, some among those, perhaps, who have labored for the establishment of our freedom, are groaning in barbarian bondage. Hands that may have wielded the sword in our defence, are loaded with chains. Toilsome tasks, gloomy prisons, whips and tortures are the portion of men who have triumphed with us and exulted in the idea of giving being to nations and freedom to unnumbered generations.

These, sirs, these are a few of the many evils that result from the want of a federal government. Our internal constitutions may make us happy at home, but nothing short of a federal one can render us safe or respectable abroad. Let us not, however, in our eagerness to attain one, forget to preserve the other inviolate; for better is distress abroad, than tyranny or anarchy at home. A precious deposit is given into our keeping; we hold in our hands the fate of future generations. While we acknowlthat no government can exist without confidence in the governing power, let us also remember that none can remain free where that confidence is incautiously_bestowed.

In times of extreme danger, whoever has the courage to seize the helm, may command the ship: each mariner, distrusting his own skill, is ready to repose upon that of others. Congress, not attending to this reflection, were misled by the implicit respect, that during the war was paid to their recommendations; and, without looking forward to times, when the circumstances which made the basis of their authority, should no longer exist, they formed a constitution adapted only to such circumstances. Weak in itself, a variety of causes have conspired to render it weaker. Some States have totally neglected their representa-edge tion in Congress, while some others have been inattentive in their choice of delegates, to those qualities which are essential to the support of its reputation-objects of some moment, where authority is founded on opinion only. To these, I am sorry gentlemen, to add a third, which operates with peculiar force in some Statesthe love of power, of which the least worthy are always the most tenacious. To deal out a portion of it to Congress, would be to share that which some, among those who are elected by popular favor, already find too little for their own ambition. To preserve it, rulers of free States practise a lesson they have received from eastern tyrants: and as these, to preserve the succession, put out the eyes of all that may approach the seat of power, so those strive to blind the people, whose discernment they fear may expel them from it.

I will not wear your patience and my own, by contending with those chimeras they have raised, to fright the people from remedying the only real defect of this government; nor will I dwell upon that wretched system of policy which has sunk the interest and reputation of such States in the great council of America, and drawn upon them the hatred and contempt

How, gentlemen, shall I apologize for having obtruded this serious address upon the gayeties of this happy day? I told you, and told you truly, that I was ill qualified to play the holiday orator; and I might have added, that the joy of this day is ever attended, in my mind, with a thousand mingled emotions. Reflection of the past brings to memory a variety of tender and interesting events; while hope and fear, anxiety and pleasure, alternately possess me, when I endeavor to pierce the veil of futurity. But never, never before, have they pressed upon me with the weight they do at present. I feel that some change is necessary; and yet I dread, lest the demon of jealousy should prevent such change, or the restless spirit of innovation should carry us beyond what is necessary. I look round for aid; I see in you a band of patriots, the supporters of your country's rights; I feel myself indebted to you for the freedom we enjoy; I know that your emotions cannot be very different from my own; and I strive, by giving you the same views on these important subjects, to unite your efforts in the