preparing to restore his fortunes by a popular election, for which he had some Republican support, and to which the fatuity of the defeated party, again rejecting Hamilton's advice, added a considerable Federalist support. William P. Van Ness, as "Aristides," one of the classical names under which our ancestors were fond of addressing the public, had in the Burr interest written a bitter attack on the Clintons and Livingstons, accusing them, and with reason, of dividing the offices between themselves.

Van Buren was easily proof against the allurements of Burr, and even the natural influence of so distinguished a man as Van Ness, with whom he had been studying a year. Sylvester, his first preceptor, was a Federalist. So was Van Alen, his half-brother, soon to be his partner, who in May, 1806, was elected to Congress. But Van Buren was firm and resolute in party allegiance. In the election for governor in April, 1804, Burr was badly beaten by Morgan Lewis, the Clinton-Livingston candidate, whom Van Buren warmly supported, and Burr's political career was closed. The successful majority of the Republicans was soon resolved into the Clintonians, led by Clinton and Judge Ambrose Spencer, and the Livingstonians, led by Governor Lewis. The active participation of judges in the bitter politics of the time illustrates the universal intensity of political feeling, and goes very far to justify Jefferson's and Van Buren's distrust of judicial opinions on political questions. Brockholst Livingston, Smith Thompson, Ambrose Spencer, Daniel D. Tompkins,—all judges of the State Supreme Court,—did not cease when they donned the ermine to be party politicians; neither did the chancellors Robert R. Livingston and Lansing. Even Kent, it is pretty obvious, was a man of far stronger and more openly partisan feelings than we should to-day think fitting so great a judicial station as he held. The quarrels over offices were strenuous and increasing from the very top to the bottom of the community.

The Federalists in 1807 generally joined the Lewisites, or "Quids." Governor Lewis, finding that the jealousy of the Livingston interests would defeat his renomination by the usual caucus of Republican members of the legislature, became the candidate of a public meeting at New York, and of a minority caucus, and asked help from the Federalists. Such an alliance always seemed monstrous only to the Republican faction that felt strong enough without it. The regular legislative caucus, controlled by the Clintonians, nominated Daniel D. Tompkins, then a judge of the Supreme Court, and for years after the Republican "war-horse." Van Buren adhered to the purer, older, and less patrician Democracy of the Clintonians. Tompkins was elected, with a Clintonian legislature; and the result secured Van Buren's first appointment to public office. A Clintonian council of appointment was chosen. The council, a complex monument of the distrust of executive power with which George III. had filled his revolted subjects, was composed of five members, being the governor and one member from each of the four senatorial districts, who were chosen by the Assembly from among the six senators of the district. The four senatorial members of the council were always, therefore, of the political faith of the Assembly, except in cases where all the senators from a district belonged to the minority party in the Assembly. To this council belonged nearly every appointment in the State, even of local officers. Prior to 1801 the governor appointed, with the advice and consent of the council. After the constitutional amendment of that year, either member of the council could nominate, the appointment being made by the majority. Van Buren became surrogate of Columbia county on February 20, 1808. There was no prescribed term of office, the commission really running until the opposition party secured the council of appointment. Van Buren held the office about five years and until his removal on March 19, 1813, when his adversaries had secured control of the council.