The Supreme Court of New Jersey. In 1838, while a member of the Council, Mr. Dayton was made an Associate Justice of the Supreme Court. He was then just turned of thirty-one; but he soon manifested, notwithstanding his youth, his fitness for the position. He remained on the bench until Feb. 18, 1841, nearly three years, having been elected on the 28th of February, 1838; then he resigned and returned to his pro fession. The moving cause of his resigna tion was understood to be the fact that the salary of the office was not sufficient to meet the wants of his family. In the succeeding year the death of Mr. Southard, then Sena tor, opened a door to the ambition of Judge Dayton. He was commissioned to the vacant office by William Pennington, then governor, in the interim of the Legislature, and was elected by that body at its coming session to fill the vacancy. He entered the Senate at a critical period in the history of the Whig party, to which he was attached, and which had elevated him to office. General Harri son, who had been inaugurated in 1842 as President, had died, and John Tyler had suc ceeded him. It was soon evident that Tyler intended to prove a traitor to the party which had elected him Vice-President, and Mr. Day ton found himself almost immediately obliged to grapple with the embarrassments environ ing his party in consequence of this defection. It was no easy task; and the new Senator was at once plunged into difficulties, which were intensified by the treason of the Vice-Presi dent, and the very evident fact that the Whig party was fast losing its hold upon the power which the election of Harrison seemed to assure to it. His situation was most embar rassing; but his cool head, his equable tem perament, his calm foresight, and his great ability enabled him to avoid the great dan gers which would certainly have overwhelmed a more inferior man. He spoke but seldom, only when occasion demanded, and then he demonstrated that though so silent he was equal to any emergency. He very soon im pressed himself upon his fellow-senators, and was placed upon important committees. At
427
the formation of the Republican party he took an active part in shaping and mould ing its policy, and became influential in that organization. In 1856 he was nominated as Vice - President, with General Fremont as President. The ticket was not favorably received by the thoughtful men of that party, many of whom were of the opinion that it would have been much better if the names had been reversed. No one, however, whose judgment was worth anything thought that the ticket would be successful; and it was not, but through no fault of the nominee for Vice-President. His term as Senator expired in 1851, and the Democratic party being then in power, he was succeeded by Commodore Robert F. Stockton. While in the Senate he meas ured swords with some of the ablest men in that body, and did not hesitate to try his strength even with Daniel Webster. He lost nothing by the inevitable comparison between his efforts and those made by his antagonists in the debates. In 1857 he was appointed Attorney-Gen eral by Governor Newell, his competitors for the appointment being Frederick F. Frelinghuysen, afterward Secretary of State, and Cortland Parker, one of the most distinguished lawyers the State ever produced. In 1860 Lincoln was elected President, and the eyes of every New Jersey Republican were turned toward Senator Dayton as a proper member of his cabinet. Lincoln would have appointed him, but for the reason that he be lieved that under the circumstances other States than New Jersey had greater claims upon him in the selection of the members of his political family. But he determined to appoint him to such a prominent position as would show his appreciation of his merits and abilities. To use his own words : " I then thought of the French mission, and wondered if that would not suit him. I have put my foot down and will not be moved. I shall offer that place to Mr. Dayton." He did offer the place to Mr. Dayton; it was
