felony. The governor of Pennsylvania had made a requisition on Gov. Seward, under the Federal constitution, for the surrender of a citizen of New York, indicted in Pennsylvania, for resistance to a sheriff charged with an execution against his person. Governor Seward refused to comply with the requisition, on the principles before stated. While the decision was acquiesced in by the state of Pennsylvania, Virginia withheld its assent in the case presented from that state.

A correspondence ensued which continued during the whole of Gov. Seward's administration. The legislature of Virginia appealed from the governor to the legislature of New York. The public mind was profoundly moved by this novel and important discussion. Although not made an affair of strict party division, the whig legislatures of New York, more or less explicitly, sustained the position of the governor.

Upon the election of an opposition legislature in 1842, the assembly took a different ground, and requested Gov. Seward to communicate their opinion to the legislature of Virginia. In a firm, but respectful manner, he declined to comply with the request.* The soundness of his views on this subject received a striking illustration in subsequent requisitions by the governors of Louisiana and Georgia, demanding the surrendry of fugitive slaves on the most frivolous pretexts as fugitives from justice; in one case, on the indictment of a female slave for stealing the gown on her back, valued by the grand jury who found the indictment, at twelve and a half cents and in the other, on the indictment of a person for stealing a female slave from her master, and stealing the calico dress and trinkets worn upon her person, when the entire transaction consisted at most in his persuading the slave to make her escape from bondage.

The state of Virginia, combined with other states, resorted to retaliatory measures designed to injure the commerce of New York. But this produced no change in the decision of Gov. Seward, nor in public opinion concerning the controversy. The judgment which will ultimately be passed upon his conduct in this affair by the moral sentiment of mankind, is indicated in the construction placed by the British ministry on the article of the recent treaty in regard to the extradition of fugitives from justice-an article of similar purport to the extradition article in the Federal constitu* See Special Message, Vol. II. pp. 385-433.

VOL. I—E.

tion. It was stated by them in the house of commons, that they should not deem themselves bound to surrender any person charged with a crime which should appear to have been committed by the offender in effecting his own escape, or that of another from slavery. In connection with this subject, it may be added that Gov. Seward always maintained the unconstitutionality of imprisoning colored citizens of the free states in the slave-holding states, when not charged with actual crime. In case of such imprisonment of citizens of New York, he employed agents at the expense of the state to obtain their restoration to freedom.

The condition of Gov. Seward's private affairs, which had been affected by the general depreciation of property incident to the financial embarrassment of the country, made his acceptance of a re-election in 1840 a matter of personal sacrifice. But it was deemed necessary by his political friends. His own mind regarded the subject in a different light. He had been elected by a diminished majority. Several hundreds of whig votes were given for other candidates. To him this was a proof of dissatisfaction on the part of no inconsiderable number of persons; many had been disappointed in their hopes of office; others were alienated by his devotion to reform; his policy in regard to universal education was greatly misapprehended: all these causes led him to doubt whether a division of the party would not be produced by his remaining in the executive chair, although no one, in fact, ever possessed a stronger hold on the confidence of a great political party than he did at that moment. Besides, Gov. Seward foresaw more clearly than many of his friends, the progress of reaction in regard to internal improvements. The opponents of the policy were rapidly gaining ground; it would be necessary, at another election, to present a candidate to the whig party against whom there was no considerable prejudice. Accordingly, in Jan., 1841, Gov. Seward announced his determination, under no circumstances, to again become a candidate for the executive office. The announcement took the public by surprise, especially as it was made at a time when he was regarded as having triumphed over all opposition, and gained a firm footing as a leader of the whig party. His last annual message was considered the ablest official production of his pen. Nor is it too much to say that few, if any, abler documents have ever issued from the executive chair of New York.

* See Vol. II. p. 297.

The election of Gen. Harrison in 1840, who had been nominated for president in preference to Mr. Clay, on the ground of superior availability, induced the friends of the latter distinguished leader to believe that he would have been successful if he had received the nomination. This conviction, which became almost universal, produced a settled determination to secure Mr. Clay's nomination for the canvass of 1844. The policy was to foreclose the question by popular movements throughout the United States as early as the spring of 1842. Gov. Seward did not assent to the wisdom of the plan. He yielded his private views, however, to the prevailing sentiment of the whig party. But he could not be persuaded to place himself at the head of the movement, with the prospect of a re-nomination for governor. On the contrary, he frankly pointed out to his friends the reasons against their course. The question of the annexation of Texas, he argued, had become inevitable. Under the excitement produced by its discussion, the anti-slavery interest had grown up in the state, from one thousand in 1838, to two thousand five hundred in 1840, in opposition to Gen. Harrison and himself, neither of whom was regarded with special prejudice by the political abolitionists. It was more than probable, that the premature nomination of Mr. Clay, who was already severely censured by the abolitionists, would increase their vote at the state election of 1842, from five thousand to fifteen thousand, at the expense of the whig party. This would ensure the loss of the state to the whigs, as well as of the presidential election of 1844. Other counsels, however, prevailed. Gov. Seward persisted in declining a re-nomination. Mr. Clay was the avowed candidate of the whigs for the presidency. The result was the increase of the abolition vote to sixteen thousand. The whigs were, accordingly, defeated. Their candidate for governor, Hon. Luther Bradish, a man of unexceptionable character, well known to the public, and universally popular, lost his election by a decided vote. William C. Bouck received a majority of twenty-two thousand, and the administration of the state reverted to the hands of the opposition.

On the last day of Gov. Seward's official term, his accounts with the treasury were definitely settled; and on the first day of January, 1843, he introduced his successor, Gov. Bouck, to the people of the capitol, exchanging with him appropriate courtesies on the

occasion of his inauguration. These courtesies, so well adapted to allay animosities and to cultivate a better tone of feeling, were at that time without precedent. They made a favorable impression upon the public mind. With that successor, and all others in the executive chair, of whatever politics, Gov. Seward maintained relations of mutual respect and personal friendship.

How strong a hold his benevolent action during his official term had taken upon the classes most generally overlooked, neglected and oppressed, may be seen by referring to his replies to letters and addresses elicited by his retirement.*

On retiring from his official duties, Gov. Seward returned immediately to his residence in Auburn. In one week's space of time, he was seen engaged with as much calmness and assiduity in his profession, as if he had never been removed out of it. Having enjoyed the honors of the highest post in his native state, to the full satisfaction of a noble ambition, and in a manner to leave the deep impress of his character on its laws and institutions, he was not only content, but anxious to turn again to the calls of a profession, which he ever pursued with all the ardor of an amateur.

In 1843, Gov. Seward, in his retirement at Auburn, had the gratification of a visit from Ex-President John Quincy Adams, between whom and himself the most intimate relations of friendship had long existed. The meeting was one of great cordiality and affection. It has been said, and we believe with truth, that on that, as well as on other occasions, Mr. Adams expressed his confidence that the great work of human rights which he would be obliged to leave unfinished, would devolve more completely on Gov. Seward, than on any surviving statesman. Thus far, at least, that expectation, so honorable to Gov. Seward, has not been disappointed. The following pages contain fragments of correspondence between Mr. Adams and Gov. Seward, together with orations and speeches by the latter, which, while they illustrate his own reverence for Mr. Adams, have been regarded as presenting their distinguished subject in his just attitude before the world.

On the occasion of Mr. Adams' death, Gov. Seward was invited by the legislature of New York, to pronounce a eulogy on his character and services. It was one of the most faithful and

eloquent of the numerous discourses which were prepared on that great national bereavement. Its closing sentences, instituting a comparison between the death scenes of Napoleon and Adams, are scarcely surpassed in pathetic eloquence by any modern production. Believing that a popular biography of that eminent statesman would be more useful in disseminating and inculcating his principles, than any other contributions that he could make to his memory, Gov. Seward applied himself to the preparation of such a work. With the aid of a competent friend,* it was brought out in 1849, in the midst of many absorbing professional engagements. The author's expectations were fully realized. More than thirty-two thousand copies of the work have been already published, and its circulation has been continually increasing.

At the annual commencement of Union College in 1843, Gov. Seward was invited to deliver the address before the Phi Beta Kappa Society, of which he is a member. He accepted the appointment, and took for his theme, "The Elements of Empire in America. The address was worthy of his manly and vigorous intellect, and his extensive literary attainments. It presented a comprehensive view of the resources of the American Union, and pointed out the grandeur of its destiny, under the principles of justice and freedom, on which it was founded. By special invitation, he repeated the address at the commencement of Amherst College, the same year.

During the ensuing six years, Gov. Seward devoted himself to the duties of his profession with brilliant and growing success. At first, his practice was confined to the various courts of the state, in which he received liberal retainers for his services. After the lapse of about two years, however, his peculiar aptitude for subjects involving scientific and mechanical principles gained him a large and lucrative practice in the trial of patent cases in the United States courts. He was thus brought into contact with the most distinguished jurists of the country, whom his breadth of intellect and sound legal learning enabled him to meet on equal terms. At the same time, his genial and generous disposition, and the natural frankness of his manners gave him great influence with a jury, and made his services indispensable as counsel in criminal cases. His zeal in the defence of persons unjustly

*Rev. J. M. Austin.

See Vol. III. p. 11.