Page:The Green Bag (1889–1914), Volume 07.pdf/241

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The Green Bag.

attorneys and astutest counsellors were em ployed for the league of tenants. Sheriffs armed with writs would be attacked and beaten off on the highways. It was at one time almost impossible to serve process without involving physical combat. The tenants active in opposing the law were usually disguised as Indians, and used among themselves false names, and thereby escaped identification whenever the strong arm of the criminal court was raised against them. Mr. Van Buren was then as always fertile in intellectual resources, and these were adroitly used by him in his litigations for the landlords. His successes excited the attention of party leaders at a time when the excesses of the tenantry seemed to cul minate in social chaos. The legislature — at that time exclusively clothed with the power of choosing State officers — selected him (A.D. 1845) as Attorney-General, and thus he became official guardian of the landed interests and the stated chief prose cutor of the rebellious tenants. In that ca pacity he was early called upon to prosecute an indictment against a notorious Anti-renter for felonious action toward officers of the law. The accused was known in the league by his nickname-alias of Big Thunder, and under that alias as well as by his true name as a farmer was placed on trial before a judge who was one ofAttorney-General Van Buren's intimate friends, political as well as in private. During the trial an altercation arose between the Attorney-General and the opposing coun sel, who was of eminence. The latter, stung by some sarcastic observation from Mr. Van Buren — and I may digressively remark that generally the man of wit is master of sar casm — retorted with a blow, which the At torney-General countered. The Judge felt that he must notice the contempt, yet ap peared disposed to favorably regard the provocation given to Mr. 'Van Buren. The latter, hearing thereof, privately sought the Judge during an adjournment and said substantially : " If you let me off our op

posite party will attack you, and say it was an act of partial friendship. Send me to prison for a few hours, while you fine the other fellow; but be sure to first humiliate him with a lecture. Besides, judge, I hit him a ' Big Thunder ' of a blow; and my pugilism was not, at all events, in contempt." The reason for the sentences in regard to the con tempt that were given in accordance with this suggestion was not then known; although in after years the judge freely narrated it; and the public were disposed at the time to harshly criticise him because sympathy leaned against the agrcssor. To the latter, however, a professional blow was interposed from the jurors, who convicted his client. During the trial it transpired that there was a perfect tribal organization for resistance against officers of the law, scouts and vidcttes being posted to announce any approach of a sheriff with process by the shrill blowing of a horn. During the taking of evidence the Attorney-General wrote and handed to his junior counsel — afterwards my partner, the late Aaron J. Vanderpoel — a doggerel verse. Negro minstrelsy was then greatly in vogue, and the ballad of its day in popular keeping was entitled " Out of the way, ole Dan Tucker, you're too late to come to supper." Parody ing it Mr. Van Buren wrote : — "High on the rocks ranged the Indian crew. On his horn Big Thunder loudly blew : • Git out of the way, Sheriff Tucker, You're too late to spoil our supper.'" When it is added that the name of the Deputy was that of the hero of the song parodied, the witty appositeness can be seen. The anecdote will serve to illustrate the boy ishness — may I punningly add buoyancy — that so often characterized Mr. Van Buren's mood, — a mood often appertaining to Dan iel Webster, according to the well-known published anecdotes of him from his faith ful henchman, Peter Harvey. " No man can be called truly great," observes Bulwer in one of his Caxtoniana, " unless he can