was appointed secretary, which station he occupied until 1783, when he was appointed chancelor 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, to 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.t

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 I could have wished, gentlemen, that the earth, she had acquired vigor from the fall; to task I am now about to perform, had been assee hope and disappointment, plenty and want, signed to some abler speaker; and in that view, defeats and victories, following each other in raI long since tendered my apology for declining pid succession, and contributing, like light and it, and hoped, till lately, that it had been ac- shade, to the embellishment of the piece! What cepted. Disappointed in this hope and unwil- more soothing to the soft and delicate emotions ling to treat any mark of your favor with neg- of humanity, than to wander with folded arms, lect, I determined to obey your commands, and slow and pensive step, amidst the graves of although I was satisfied, that in the execution departed heroes; to indulge the mingled emoof them, I should not answer your expectations. tions of grief and admiration; at one moment givThere is a style of eloquence adapted to occa- ing way to private sorrow, and lamenting the loss sions of this kind, to which I feel myself une- of a friend, a relation, a brother, in the next, qual; a style which requires the glowing imag-glowing with patriot warmth, gazing with arination of younger speakers, who, coming dor on their wounds, and invoking their spirits, recently from the schools of rhetoric, know while we ask of heaven to inspire us with equal how to dress their sentiments in all its flowery fortitude! But, however pleasing this task, the ornaments. The turbulence of the times, since desire of being useful impels me, at this interI 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. L-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,

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 la

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 inter-ments the ruin of that brave, hardy, and generested; 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.

ous 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.

fidence 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, These, sirs, these are a few of the many evils is ready to repose upon that of others. Con- that result from the want of a federal governgress, not attending to this reflection, were ment. Our internal constitutions may make us misled by the implicit respect, that during the happy at home, but nothing short of a federal war was paid to their recommendations; and, one can render us safe or respectable abroad. without looking forward to times, when the Let us not, however, in our eagerness to attain circumstances which made the basis of their one, forget to preserve the other inviolate; for authority, should no longer exist, they formed better is distress abroad, than tyranny or ana constitution adapted only to such circum- archy at home. A precious deposit is given stances. Weak in itself, a variety of causes into our keeping; we hold in our hands the have conspired to render it weaker. Some fate of future generations. While we acknowlStates have totally neglected their representa-edge that no government can exist without contion 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

common cause. Let us then preserve pure and perfect those principles of friendship for each other of love for our country, of respect for the Union, which supported us in our past difficulties. Let us reject the trammels of party, and, as far as our efforts will go, call every man to the post his virtues and abilities entitle him to occupy. Let us watch with vigilant atten

tion over the conduct of those in power; but let us not, with coward caution, restrain their efforts to be useful; and let us implore that omnipotent Being, who gave us strength and wisdom in the hour of danger, to direct our great council to that happy mean which may afford us respect and security abroad, and peace, liberty, and prosperity at home.

PURSE AND SWORD.

why should the States hold the purse? How are they to use it? They have not to pay the civil list, to maintain the army or navy. What will they do with it? What is the sword, which the gentlemen talk of? How is Congress to defend us without a sword? You will also keep that. How shall it be handled? Shall we all take hold of it? I never knew, till now, the design of a curious image I have

Much has been said, sir, about the sword and the purse. These words convey very confused ideas on the gentleman's application of them. The honorable member from New York has fully explained their meaning, as applied to the British government. His reasoning was so conclusive that it seems to have carried conviction to every mind. The gentleman from Dutchess, to elude it, has made use of a singular shift. Says he, the general government and state gov-seen at the head of one of our newspapers. I ernments form one government. Let us see how this matter stands. The States of Pennsylvania and New York form two distinct governments; but New York, Pennsylvania, and the general government, together form one government. The United States and New York make another government; the United States and Connecticut another, and so on. To the gentleman's optics, these things may be clear; but to me they are utter darkness. We have thirteen distinct governments, and yet they are not thirteen governments, but one government. It requires the ingenuity of St. Athanasius to understand this political mystery. Were the gentleman a minister of the gospel, I might have faith; but I confess my reason is much too weak for it. Sir, we are attempting to build one government out of thirteen; preserving, however, the States, as parts of the system, for local purposes, and to give it support and beauty. The truth is, the States, and the United States, have distinct objects. They are both supreme. As to national objects, the latter is supreme; as to internal and domestic objects, the former. I can easily conceive of two joint tenures, and of joint jurisdictions without control. If I wanted an example, I might instance the mine, Mr. Chairman, in which you and others have a joint property and concurrent jurisdiction. But

am now convinced that the idea was prophetic in the printer. It was a figure of thirteen hands, in an awkward position, grasping a perpendicular sword. As the arms which supported it were on every side, I could see no way of moving it, but by drawing it through, with the hazard of dangerously cutting the fingers. For my own part, I should be for crying, "hands off! But this sword of the gentlemen's is a visionary sword-a mere empty pageant; and yet they would never trust it out of the State scabbard, lest it should wound somebody. They wish for checks against what can do no harm. They contend for a phantom. Gentlemen should consider their arguments before they come here. Sir, our reasoning on this ground is conclusive. If it be necessary to trust our defence to the Union, it is necessary that we should trust it with the sword to defend us, and the purse to give the sword effect. I have heard not a shadow of an argument to shake the truth of this. But the gentlemen will talk-it is expected. It is necessary that they should support, in this House, the opinions they have propagated out of doors, but which perhaps they had themselves too hastily formed.*

*From Chancellor Livingston's Speech in the New York

Convention for the adoption of the Federal Constitution.