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His visit to Italy was one of interest, for it was a time of popular commotion. He witnessed the way in which an Austrian army in Italy could, at that day, crush an ill-appointed revolution.

stand up against a popular excitement | laise in the streets; Louis Philippe was which amounted to madness, and from the the Citizen King. influence of which neither judges nor jurors could free themselves. It had to meet ability and professional skill of the highest order in a prosecution specially appointed by the State, and specially resolved on convicting. The proofs, too, in every case, were strong and unequivocal to implicate the accused in flagrant acts connected with the abduction or imprisonment of the victim, Morgan. The question of criminal intent was the only one on which a doubt could be raised, and the innocent purpose, if there was one, rested on facts, the direct proof of which could not be established. There were only the slightest circumstances from which such a purpose could be inferred. It is easy to see that everything depended at last on the manner of putting the cases to the jury on the part of the defence.

Mr. Barnard had satisfied himself, from a private investigation of the affair, that the persons he was defending were really innocent, though associated in acts with others who were as really guilty, and the resolution with which he defended them against all the appearances of guilt so strong as to be appalling, was equal to his conviction of their innocence. They were acquitted in every instance.

After one of these trials, which had ocupied ten days, the special attorney, Mr. Spencer, presented to the Supreme Court i case, and an application to set aside the erdict. It was elaborately argued on oth sides. Mr. Barnard argued it alone or the defence. The reported case in the day term, 1830, shows the nature and reat variety of questions involved in the ial at the circuit and argued at the bar. The last of these cases were defended by Ir. Barnard before a jury in Ontario Junty.

Exhausted by these labors, in the fall 1830 the subject of our memoir sailed r Europe. He visited France, Italy, witzerland, Belgium and England, and retrned home in the summer of 1831. He as in Europe a little less than five onths, and was a diligent traveller and server. Paris had just then come out the revolution of July, 1830, the fresh arks of which were everywhere visible. he ouvriers were still singing the Marseil

While in Europe, he found time to embody, in a series of letters, the impressions made upon him by the new scenes, and the interesting events of the period. His attention was particularly directed to the political aspect of things, and to the social condition of the people. These letters were published at the time, originally in a paper at Rochester, and were, to a considerable extent, copied in other papers, and a good deal read. In some quarters their publication, in a collected form, was strongly called for, but it was neglected, and the time passed by.

In August, 1831, Mr. Van Buren went to England, having been appointed Minister by Gen. Jackson, during the recess of the Senate. In January following, his nomination, having been submitted to the Senate, was not agreed to by that body. The grounds of this severe judgment of the Senate were found in the party character of his instructions, as Secretary of State, to his predecessor at London, Mr. M'Lane, on the subject of the West India trade. The dealing of this blow roused the passions of the liege men of the Old Hero, and especially of the partisans of his favorite, and destined nominee and successor in the presidency. The act was denounced as an indignity offered to the President, and his official paper at Washington boldly talked of the necessity of dispensing altogether with the Senate as an advising body, and leaving the Presi dent to take care of the Executive power alone! "Indignation meetings' held at several prominent political pointsat Philadelphia and New York, and by a Legislative caucus at Albany.

were

In February, 1832, a citizens' meeting was called at Rochester, and attended mainly by those who had no indignation to express against the Senate for the exercise of an honest judgment in a matter wholly within its constitutional duty and authority. By particular request, and not as a volunteer, Mr. Barnard attended this meeting. By such request he prepare

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the resolutions which were adopted by the meeting. They were six in number, and the character of the whole may be seen in the two following, the first and last of the series:

"Resolved, That we regard it as of the highest importance, that the Senate of the United States as an independent and co-ordinate branch of the Federal Government, should be preserved and sustained in the perfect integrity of its constitutional powers.

"Resolved, That we hold the interests and the honor of the country as paramount to the interests of any man, or any party, and the Senate deserves the grateful thanks of the country for the salutary and just rebuke, which, by its action on Mr. Van Buren's nomination, it has administered, for what the Senate believed to have been a flagrant attempt to solicit from the favor of a foreign government for a party, what that government had refused to the country."

The only speech made to the meeting was made by Mr. B. It was a speech evidently not intended for popular effect, but was such an one as might have been delivered before the Senate at the next session. It presented a view of the whole question of the West India trade; it defended the constitutional authority of the Senate, and the rights and dignity of that body; it laid open, with clearness and perfect truth and candor, the main point on which the judgment of the Senate had turned, in regard to Mr. Van Buren's appointment as minister, and it exposed with great severity the conduct of those who were making a Jacobinical war on the

Senate in his behalf.

In New York the opposition to the Jackson and the spoils party, was in some danger of having its force divided or weakened in the presidential election of 1832, by the separate organization then maintained by the Anti-Masons. In June that party had met in convention and nominated candidates for governor, lieutenant governor and presidential electors-all, personally, and within the lines of their political principles, entirely agreeable to the body of the Anti-Jackson party in the State.

In July a convention of delegates from the "National Republican party" was held at Utica, over which the late Chief stice Spencer presided. It was a con

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vention full of talent and inspired by the noblest principles of high and disinterested patriotism. Mr. Barnard attended that convention as a delegate, and was one of the Committee appointed to consider and report what action the convention ought to take. The result of their deliberations was embodied in a series of resolutions and an address. It was proposed to abstain from making any new nominations, and to recommend to their friends the adoption and support of the State candidates and electors already in nomination. By the request and appointment of the committee, Mr. B. addressed the convention on the presentation of their report in explanation and support of their views, and his speech on that occasion was written out and published at the request of the convention.

The main object of the speech was to maintain the propriety and necessity of sacrificing local divisions and interests to the high duty of bringing the whole strength of the opposition in New York to bear against the administration and spoils party at the approaching election. But besides this, it furnished matter for the gravest reflection in the sentiments it contained and in the picture which was drawn in it of the character and condu of the administration. Its tone is indcated in such passages as these :—

"Sir, in a country like ours, a condition ef outward prosperity, produced by the untrammelled energies of an enterprising people, ar existing in spite of incapacity or corruption high places, affords no security or eviden that its free institutions are safe. While t citizen slumbers on in unconcern, or was?only to exchange gratulations with his nege bors on their individual or mutual success under the faith and guarantee of wholeso laws, the Constitution may be suffering violen and the elements of government hastening dissolution. Neither the workmen on tre exterior of the building, nor those who slum in its chambers, nor those who revel in halls, will feel the less at ease because a ser enemy is sapping its foundations, or lay.ng. silent train for its destruction."

In the course of this performance have this description of the way in wh General Jackson was brought into pow. and of the character and proceedings

the victors:

"It became necessary, in order to prepare the way for the triumphal entry and march of the Hero to the Capitol, to perform a solemn ceremony of sacrifice of which modern history 4 scarcely furnishes the parallel. Nor was the offering less acceptable either to the priests, or to the idol, because the victims were both human and innocent. An administration, distinguished for its purity, conducted by men of the highest order of intellect, the most profound attainments, and the most exalted patriotism, and based on principles settled from the foundration of the government, and scarcely admitting of a difference of opinion, was to be prostrated and destroyed without regard to the common decencies of truth and charity.

"Nor ought we, sir, to be surprised at the success which attended this daring enterprise, when we consider that it was effected under the conduct of a small but desperate band of demagogues, who, though gathered from all quarters of the Union, and embracing every shade of political complexion, were yet fairly united under the only law which is known to bind the profligate and unprincipled—the common lust of rapine and plunder. The ease with which they overthrew the virtuous administration of Mr. Adams, reminds one of the facility with which the buccaneers of South America were accustomed in their day to conquer and possess themselves of a richly laden Spanish galleon in the Caribbean sea. And the virtuous heart will be afflicted at the points of agreement and parallel, suggested by Among these freebooters, prayers were frequently offered up for the success of piratical expeditions, and solemn thanksgivings were chanted for victories. The chief maxim in their code was—'No prey, no pay. And in the division of the spoils,' rewards were distributed with the most scrupulous regard to the just claims of the meritori ms and deserving. The wounded received the first attention, and the highest compensaion was reserved for them if disfigured or mutilated in the service.

this reference.

With those who led the systematic and inccessful attack on the late administration, ind manifested so much dexterity in the praciced use of the weapons of falsehood, treachry, and poison, the stake of the enterprise vas nothing less than the plunder of the public tlices of the country. The object was palpale enough at the time, but it has since been oldly and shamelessly avowed.-No sooner ad the noble ship struck her colors, and the victors" gained her decks, than an indiscrimate slaughter commenced. In brief time, very valuable officer was either thrown overbard, or set afloat for the shore; whilst, with haracteristic recklessness, not even enough f the common crew were retained to insure he safety of the vessel. Of the many hundreds ho suffered, by far the greater number were

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only stript naked before they were set adrift; but others, less fortunate, were not permitted to escape till they had received a cruel and calumnious stab at the hand of authority. In the distribution of the spoils,' it is believed that no worthy and well deserving comrade has had reason for complaint. The most daring and reckless spirits have been complimented with distinguished favors, and no valuable service rendered in the common cause has gone unrewarded. But what lends to this history the strongest interest, is to observe the generous sympathy, zeal, and devotion exercised towards those who have personally suffered by their necessary exposure in the contest. To their own sick and wounded their first and chief care has been directed, and on these has been bestowed the full measure of that humanity which has never been permitted to waste itself on other objects."

At an "Anti-Jackson" meeting, called especially for the purpose at Rochester,

on the eve of the election in 1832, Mr. B. discussed before the citizens of that place, in a very full and elaborate manner, the course and policy of General Jackson's administration, up to that time. The main proposition laid down in that speech, (as appears in a copy now before us,) and which, startling as it was and is, was fully sustained by the exposition of facts, and in the argument, was as follows:

:

"That General Jackson has arrogated to himself and actually exercised, or claimed to exercise, in his own person exclusively, the powers of every independent branch of the government-the Legislative, the Judicial, and the Executive-while the Constitution allows him no portion of the Legislative or of the Judicial power, and divides the Executive between himself and the Senate; that he has invaded every department in a manner tending to make all the powers that can be exercised under the Constitution by any and every branch of the Government centre wholly and exclusively in his own person."

In the fall of 1832, Mr. B. left Rochester and became a citizen of Albany, intending to follow such professional business as might be offered him as counsel, without connecting himself with or keeping open an attorney's office. The condition of his health, never at any time robust, forbade his attempting any more than this.

He found, however, abundant occupation, in ways congenial to his disposition and great legal attainments. In

September, 1833, occurred that famous and high-handed measure of General Jackson-the seizure of the public treasure of the United States out of the custody of the law and of the hands where the law had placed it. The removal of the deposits, and the war which the President was waging on the bank and against the currency and business of the country, were followed by extraordinary scenes and occurrences. The Senate at its next session condemned the act of the President. The President sent to the Senate his "Protest." In the mean time the country was disturbed in all its business relations, and distress and panic fell upon the community. Memorials representing the condition of things poured in upon Congress from nearly every quarter, borne thither by committees of citizens sent for this pur

pose.

In March, 1834, the staid and sober citizens of Albany were roused by the pressure which had before been felt elsewhere, and a movement followed to bring their grievances to the notice of the General Government. A call was made for a meeting, signed by 2,800 citizens of the highest respectability. Resolutions were presented to the meeting from a committee by the late Chief Justice Spencer. The memorial to Congress, a very grave document of much length, was prepared by Mr. Barnard. It presented, perhaps, as full and complete a view of the financial and pecuniary embarrassments of the country, and of the causes originating in the conduct of the Government, which produced these embarrassments, as could be found in any paper of the period. The nature and uses of money and of currency, and in what manner the acts of the Government had operated to derange the currency, by destroying confidence and credit, were set forth and described with clearness and precision.

A large and highly respectable committee of citizens was appointed to bear this memorial to Congress, of which Mr. Barnard was the chairman. One of the most beautiful and admirable speeches Mr. Webster ever made was on the presentation of this memorial to the Senate.

On the return of the committee from gton, a very large meeting of the was called to hear their report.

This was an elaborate paper, drawn up by Mr. Barnard, entering at large into the condition of things at Washington and in the country, and showing the attitude which it became the people to assume towards the administration on account of the tyranny it was practicing upon them. On this occasion, after the report had been heard and received, the meeting proceeded to the consideration of the new phase in the lawless acts of the President, which was presented by his famous "Protest," information of which had reached the city within a day or two. The speech which Mr. B. made on that subject, and which was published at the request of the meeting, was a thorough discussion and exposi tion of the points presented by that elaborate and extraordinary paper. It presented a complete analysis of the doctrines of arbitrary and autocratic power claimed for the President by that document, and held them up to the abhorrence and indignation of the country. In the fall of this year, without and against his desire, the Whigs of the city and county of Albany-for the party opposed to Executive encroachment and domination began now to be called Whigs-placed Mr. B. in nomination for Congress. But the power of the district was in other hands, to remain there for a time. He was beaten by a very small majority.

The hold which General Jackson h of power was not to be shaken, and be was strong enough also to appoint L's successor. But Mr. Van Buren could no command the same elements of strength. At first, however, there was a disposition to look to his administration with hope at least the country felt relieved to be rid of General Jackson. It breathed fro: and deeper. But when Mr. Van Burens Inaugural appeared, though it seemed t be little thought on or cared for generally. it produced distrust and dissatisfaction i some minds. Mr. Barnard was of this nu ber, and with a view to arouse attention it and to sound a warning in time, he m it the occasion of two essays, which we published in the Albany Evening Jour One of these was on "Vital Princip -in Republics," and the other on “T Reigning System of Politics." They w characteristic of their author in the sen ments they expressed.

In the fall elections of 1837, the Whigs of New York swept the State. They elected one hundred out of one hundred and twenty-eight members of Assembly. Mr. B. was one of the number. All over the State the Whigs had put their strongest men in nomination, and a body of more talent and character than the Assembly thus chosen never sat in the State. As to the part which Mr. B. took in that body we can only refer to the record of their sayings and doings. At the close of the session a volume was immediately put to press, containing Mr. Barnard's "Speeches and Reports" of that session. It is a volume, closely printed, of 228 pages. It was edited by John B. Van Schaick, then conducting the Albany Daily Advertiser-a scholar, a gentleman, and a man of talent, whose early death will never cease to be lamented by troops of admiring and attached friends. Mr. Van Schaick in his Introduction gives this account of the contents of the volume:

"It remains but for the Editor to say that they were collected by him and are put forth by him at the instance of friends, who in common with himself appreciated the sentiments advocated and the principles maintained by Mr. Barnard, during the winter of 1838. They esteemed these sentiments and principles as possessing too much of permanent interest to be lost in the ephemeral columns of the daily press. It was resolved, with the author's consent, to combine them in their present more enduring shape."

The Report on the subject and system of Public Instruction; that on the Subject of Religious Exercises and the Use of the Bible in Schools; and the speech on Banking, Currency, and Credit, contained n this volume, are the most important mong its contents. They attracted much nterest at the time, and the paper on the Jse of the Bible in Schools was very xtensively reprinted and circulated in ther States as well as in New York.

In the fall election of 1838 the Whigs ere again successful in New York. Mr. Barnard was elected to Congress from the dbany District; having been put in omination against the most earnest and epeated solicitations to his friends to be lowed to remain quietly at home. He as twice re-elected, after which he pernptorily declined to take another nomi

nation. At the next election, a gentleman of the opposite school of politics was elected from that district.

In the State election of 1838, the Whigs had the aid of the " Conservatives," of whom Mr. N. P. Talmadge, then a Democratic Senator in Congress, was a leader. It was immediately proposed that the Whigs should continue Mr. T. in his place by a re-election. Mr. B. opposed thisunless Mr. T. would avow himself a Whig, which he had not done, and was not likely to do. Mr. Barnard thought it too great a sacrifice to be "expedient." A controversy arose on this matter, of considerable sharpness. He wrote a series of articles in exposition of his views, which are probably the most able papers of their kind ever produced in the State. Mr. Talmadge was, notwithstanding, re-elected Senator; and events fully justified all the forebodings in which Mr. B. indulged in regard to it. He had never subscribed to the policy of the Whig party in forming unholy alliances and coalitions, instead of standing on its own distinctive principles, consolidating its own ranks, and relying on its own strength.

He resumed his seat in Congress in December, 1839, with ten years more of experience and of maturity than he had when he last left it. Many readers will recollect the appalling difficulties that occurred at the commencement of the session of Congress in 1839, in organizing the House of Representatives, on account of the outrageous conduct of the 'Democratic" party in relation to members elected, and holding regular returns of election, from New Jersey. From the outset Mr. B. took a leading part in that fearful controversy.

In the six years' service in Congress which followed, the public records will show the part acted by Mr. Barnard.

Nearly every subject of leading interest in the affairs of the country which came before the House of Representatives, or those which seemed to him to be leading interests, received his attention and best exertions on one side or another.

In the first session of the twenty-sixth Congress, after the New Jersey Question, the policy of internal improvements, which Mr. Van Buren proposed to have the government wholly abandon, first engaged

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