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No impediments interposed to Mr. Van Schaack's resuming his residence

in the State of New-York.-A conviction under the Banishing Act depended

on a return to the State.-The Treaty of Peace contained a stipulation against

future prosecutions.-His case probably came within the 6th Article.-Public

authorities embarrassed in regard to the law. No disposition manifested to

molest him.-Early legislation of New-York-Its extreme severity.-Mr. Van

Schaack's views in regard to the Banishing Act.-The Confiscation Act con-

demned by some of the most eminent Whigs.-Mr. Jay's views on that sub-

ject. Singular provisions of that statute for trying deceased persons.-Curi-

ous provisions of the "Act to complete the quota of the troops."-Severe

provisions of the "Act to preserve the Freedom and Independence of this

State." It disfranchises all who had not been friendly to the Revolution.--

Another statute prohibited all lawyers from practising who could not prove

they had been "good and zealous friends to the American Cause."-This

statute in force when Mr. Van Schaack returned from England.-Many em-

inent men thereby excluded from the legal profession.-An effort, in 1785, to

procure its repeal, fails.-A more liberal spirit actuates the next legislature.

The law against Attornies and the Disfranchising Act are repealed.—A spe-

cial statute is passed restoring Mr. Van Schaack to Citizenship.-He is ad-

mitted to the bar of the Supreme Court a second time.-Opens a law office in

his native village,

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Federal Constitution recommended to the States for their adoption.—Mr.

Van Schaack takes a deep interest in favor of that instrument. He mounts

the Rostrum and harangues his fellow-citizens. He is put in nomination as

a delegate to the State Convention.-Letters to Henry Walton and to his

son. Mr. Van Schaack revises the Conductor Generalis.-Determines to

avoid public life, from a conviction that he could be more useful to his coun-

try in a private station.-Is married to Elizabeth Van Alen.-Her character.

-Correspondence with Peter Silvester, Henry Van Schaack, John Jay, and

Theodore Sedgwick.-Mr. Jay becomes a candidate for Governor of N. Y.—

Mr. Van Schaack takes a deep interest in the election of his friend.-Writes a

series of articles condemnatory of the conduct of the State Canvassers.-Let-

ter to Andrew Carshore giving Mr. Jay's character.-Mr. Van Schaack's char-

acter as a lawyer.-Letters from eminent men to the author on that subject.—

His veneration for the law illustrated by an anecdote.-His vision becomes so

much impaired as to render an amanuensis necessary.-Writes to Theodore

Sedgwick that his epistolary pleasures are at an end.-Devotes much of his

time to instructing young gentlemen in the science of law. --Nearly one

hundred young men have been educated by him.-Compiles an Analysis of

the Practice of the Supreme Court, for the use of his students. Letter from

James Kent.-Mr. Van Schaack's students ever retained a high regard for

their Instructor.-A letter from one of them.-At the age of 82 he has two

law students.-He writes to a former student, "like a coachman who loves

the smack of his whip, I have still some professional occupations,"

Mr. Van Schaack's severe domestic afflictions after his return from England.
-Sudden death of his oldest son.-Letters to his absent children on that event.

THE LIFE

OF

PETER VAN SCHAACK.

CHAPTER I.

THE ancestors of Peter Van Schaack came from Holland. The period and the particular circumstances, at and under which they left their father-land, to encounter the hardships and share the fortunes of the New World, are unknown. They were probably among the early emigrants to this country, when New-York was a Dutch colony. The family name-so uncouth and difficult of pronunciation from the reading-would seem to furnish some evidence of the genuineness of their Dutch origin. There is reason for believing that it was originally spelled Schaeck, though pronounced like the present name. The name of Van Schaick is doubtless a corruption, and perhaps improvement, of the same original. The subject of this sketch was designated by the attendants at his lodgings, when in London, as "The gentleman with a hard name."*

Cornelius Van Schaack, the father of our subject, was by profession a merchant, being engaged in business at Kinderhook, in the State of New-York, where he resided. He was also for many years a skipper on the Hudson river, antecedent to the Revolution.

The parents of Peter Van Schaack were uneducated; and they only enjoyed, in early life, such limited opportunities for improving

* The variety of ways in which this name is pronounced would be obvi. ated, if the rule of giving to the double a the broad sound was observed.

the mind, as were afforded by a country residence in the colony of New-York, during the early part of the last century. His father, however, was a man of great sagacity and strength of mind, and of marked energy and decision of character, whose personal appearance is represented to have been very dignified and commanding, and such as to inspire those in his presence with awe, and to have secured their respect and attention. His mother was a woman of good sense, simple and unostentatious in her manners, of marked piety, and of great sensibility of feeling; which latter quality was transmitted to her children.

The subject of this sketch was born at Kinderhook, in March, 1747, and was the youngest of seven children. Henry, the oldest, who died in 1823, at the advanced age of ninety years and upwards, was an extraordinary man, and exhibited in his life and actions, how early disadvantages may be overcome by attention and perseverance. Although he had not even studied the rudiments of English grammar, his letters and other productions are remarkable, not only for profundity of thought, but for their grammatical correctness, and frequently for classic beauty. His knowledge of grammar was acquired solely by the ear, and by paying strict attention to the conversation of gentlemen of education, into whose company accident or business might cast him. He was a man of great enterprise and fearlessness of character; and was engaged, at an early period, in the fur trade, being interested in establishments for that purpose, at Niagara and Detroit, at which latter place he resided for several years previous to the Indian wars of 1761.

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Henry Van Schaack was an officer in the last French war. In a conversation, in 1816, with an eminent civilian still upon the stage, he communicated the following particulars in regard to the three sanguinary conflicts which took place on one and the same day, at Fort George and French Mountain. He was a lieutenant in a company of which the late General Schuyler was captain, in the New-York levies, at Fort George and Fort Edward, in August, 1755; when Baron Dieskau was defeated by General, afterwards the humane and generous Sir William Johnson, of Montgomery county. His description of the battle was essentially the same as it is detailed by Smollett, who has related it very correctly. He was in Fort Edward, when Baron

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